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V. Viswanadham v. The State of Andhra Pradesh

Andhra Pradesh HC3 Apr 2025WP/26884/2018

Case brief

AI extract

What is this about?

Andhra Pradesh High Court, Amaravati; WP 26884/2018; disposed 04.04.2025 by Dr Justice Venkata Jyothirmai Pratapa. Keywords: promotion denial; pending disciplinary proceedings; Proceedings No. SCA/Estt./196/2010 dated 17/03/2011; misappropriation allegation; Chief Seed Certification Officer; Seed Certification Officer; Joint Director; interim order I.A.No.1 of 2018 dated 09.08.2018; promotion on 02.01.2019; promotion 23.11.2021; superannuation 20.10.2023; relief infructuous; Article 226; writ of mandamus; no order as to costs; miscellaneous petitions closed; State of Andhra Pradesh.

What did the court decide?

In the light of the submissions made - including that the petitioner's promotions (02.01.2019 and 23.11.2021) and retirement on superannuation on 20.10.2023 had rendered the relief infructuous - the Writ Petition is disposed of.

V. Viswanadham Vs The State of Andhra Pradesh — Writ and Judicial Review | Andhra Pradesh HC (2025)

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APHC010567752018

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

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(Special Original Jurisdiction)

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[3396]

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FRIDAY, THE FOURTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA

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WRIT PETITION NO: 26884/2018

Between:

V. Viswanadham

...PETITIONER

AND

The State Of Andhra Pradesh and Others

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...RESPONDENT(S)

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Counsel for the Petitioner:

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1.CH SUDARSHAN RAO

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Counsel for the Respondent(S):

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1.A V V S N MURTHY

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2.P DURGA PRASAD

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The Court made the following:

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ORDER:

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This Writ Petition is filed under Article 226 of Constitution of India with

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the following prayer:

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“…..to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus, to declare the impugned action of the respondents in not considering the case of the petitioner for promotion to, the post of Chief Seed Certification Officer under the guise of pendency of disciplinary proceedings initiated vide proceedings No. SCA/Estt./196/2010 dated 17/03/2011 as illegal, arbitrary and further contrary to law laid down by the Honble Apex Court in catena of decisions in similar circumstances and consequently direct the

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respondents to consider the case of the petitioner for promotion to the post of Chief Seed Certification Officer as and when steps are taken to fill the arising vacancy of Chief Seed Certification Officer, without reference to the pendency of disciplinary proceedings initiated vide proceedings No.SCA/Estt./196/2010 dated 17/03/2011 and to grant such other relief or reliefs …...”

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2. None represented for the petitioner.

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Learned Standing Counsel for respondent No.2 would submit that the petitioner by the time of filing of the present writ petition was working as Seed Certification Officer. On the allegation of misappropriation of some amount, disciplinary proceedings were initiated against him in the year 2011. The petitioner after seven years, has submitted a representation to consider his case for promotion, that was rejected by the Department. The petitioner aggrieved thereby, preferred the present writ petition. By that time, the enquiry was still pending. Learned Standing Counsel would further submit that this Court passed interim order in I.A.No.1 of 2018, dated 09.08.2018 directing the respondents to consider the case of the petitioner for promotion to the post of Chief Seed Certification Officer without reference to pending disciplinary proceedings. In pursuance of the said orders, the candidature of the petitioner was considered by the Department and he was promoted as Chief Seed Certification Officer on 02.01.2019. Learned Standing Counsel would further submit that thereafter the petitioner was promoted as Joint Director vide orders dated 23.11.2021. Ultimately, he retired on attaining superannuation on 20.10.2023. The relief has become infructuous and no further orders are required in this matter. The petition may be closed.

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