B.Lakshmi Devi Vs the State of Andhra Pradesh

B.LAKSHMI DEVI, W/O. I. ANJA NAIK, AGED ABOUT 52 YEARS,OCC PANCHAYAT DEVELOPMENT OFFICER (PDO), FORMERLY PANCHAYAT SECRETARY GRADE-1, PENUGALURU MANDAL,RAYACOTY ANNAMAYYA DISTRICT...

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...PETITIONER

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AND

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THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI.522238

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THE COMMISSIONER, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, TADEPALLI, GUNTUR DISTRICT, 522501

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THE DISTRICT COLLECTOR, ANNAMAYYA DISTRICT, RAYACHOTY.

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THE DISTRICT PANCHAYAT OFFICER, ANNAMAYYA DISTRICT, RAYACHOTY.

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...RESPONDENT(S):

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2

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Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased topleased to issue a Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents in not considering the case of the petitioner for promotion to the post of Panchayat Development Officer (MPDO) solely on account of the pendency of Charge Memo No. 2371-457/CPR and RD/B2/2024, dated 18.08.2024, as illegal, arbitrary, unreasonable, violative of Articles 14 and 16 of the Constitution of India and contrary to G.O. Ms. No.257, General Administration (Ser.C) Department, dated 10.06.1999, as well as G.O. Ms. No.91, General Administration (Services-C) Department, dated 12.09.2022, and consequently direct the respondents to consider the case of the petitioner for promotion to the post of Panchayat Development Officer (MPDO) without reference to Charge Memo No. 2371-457/CPR and RD/B2/2024, dated 18.08.2024, in terms of G.O. Ms. No.257 dated 10.06.1999, and pass

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IA NO: 1 OF 2026

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to direct the respondents to consider the case of the petitioner for promotion to the post of Panchayat Development Officer (MPDO) without reference to Charge MemoNo. 2371457/CPR&RD/B2/2024, dated 18.08.2024, in terms of G.O. Ms. No.257 dated 10.06.1999, and pass

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Counsel for the Petitioner:

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1.K R SRINIVAS

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Counsel for the Respondent(S):

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1.GP FOR SERVICES I

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The Court made the following:

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THE HON’BLE SRI JUSTICE NYAPATHY VIJAY

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WRIT PETITION No.17743 of 2026

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ORDER:

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This Writ Petition is filed to declare the action of the Respondents in not promoting the Petitioner to the post of Panchayat Development Officer (MPDO) on account of pendency of departmental enquiry, which arose out of the charge memo issued vide Charge Memo No.2371457/CRP&RD/B2/2024, dated 18.08.2024 , as illegal and arbitrary.

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The Petitioner while working as Panchayat Secretary Grade-I, Nallapuraddipalli Gram Panchayat, Penagaluru Mandal was placed under suspension vide proceedings dated 27.05.2024. Subsequently, a charge memo dated 18.08.2024 was issued alleging certain misconduct.

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It is stated that after serving the above charge memo, the Petitioner submitted her explanation on 17.09.2024 refuting the aforesaid charge and enquiry is stated to be pending. While so, the promotion for the post of Panchayat Development Officer (MPDO) is being considered and the apprehension of the Petitioner is that her case would not be considered for promotion in view of the pendency of the disciplinary enquiry. It was in that context, the present Writ Petition was filed.

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