Cma Nayeem Ahmed , Vs the State of Andhra Pradesh — Andhra Pradesh HC (2026) — LawSathi Research

Cma Nayeem Ahmed , Vs the State of Andhra Pradesh — Andhra Pradesh HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Writ Petition disposed of with directions to the Respondents to consider the Petitioner's case for promotion to the Post of Special Grade Municipal Commissioner subject to his possessing requisite qualifications in terms of G.O.Ms.No.257, General Administration (Ser.C) Department, dated 10.06.1999; no order as to costs; miscellaneous petitions, if any, stand closed.

Issue for consideration

Whether the action of the Respondents in not considering the Petitioner's case for promotion to the post of Special Grade Municipal Commissioner without reference to the Charge Memorandum issued vide G.O.R.T.No.805 MA & UD (Vig.III) Department, dated 18.08.2025, is illegal and arbitrary. +1 more

Court's answer

The Respondents were directed to consider the Petitioner's case for promotion to the Post of Special Grade Municipal Commissioner, subject to the Petitioner possessing requisite qualifications in terms of G.O.Ms.No.257, General Administration (Ser.C) Department, dated 10.06.1999.

Ratio / Principle

This Court held that the case of the Petitioner for the post of Special Grade Municipal Commissioner can be considered for promotion in terms of G.O.Ms.No.257 General Administration (Ser.C) Department, dated 10.06.1999.

Detailed headnote1 paragraphs

Service law – Promotion withheld pending disciplinary proceeding: A Municipal Commissioner Grade-I (since 2022), eligible for promotion to Special Grade Municipal Commissioner, was not being considered for promotion because a Charge Memorandum issued vide G.O.R.T.No.805 MA & UD (Vig.III) Department, dated 18.08.2025 remained pending, his statement of defence having been submitted and the enquiry not concluded. Holding that the Petitioner's case can be considered for promotion in terms of G.O.Ms.No.257 General Administration (Ser.C) Department, dated 10.06.1999, the High Court of Andhra Pradesh at Amaravati (Justice Nyapathy Vijay) disposed of the Writ Petition directing the Respondents to consider the Petitioner for promotion to the post of Special Grade Municipal Commissioner subject to his possessing the requisite qualifications under that G.O.; no order as to costs; miscellaneous petitions closed.

Date of reserved for orders : Date of pronouncement : 03-07-2026 Date of uploading :

APHC010321902026

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3460] (Special Original Jurisdiction)

FRIDAY, THE 3^rd DAY OF JULY 2026

PRESENT

THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY

WRIT PETITION NO: 17793/2026

Between:

C.M.A Nayeem Ahmed ,

...PETITIONER

AND

The State Of Andhra Pradesh and Others

...RESPONDENT(S)

Counsel for the Petitioner:

1.T V V KOTESWARA RAO

Counsel for the Respondent(S):

1.GP FOR SERVICES I

The Court made the following:

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THE HON’BLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 17793 of 2026

O R D E R:

The present Writ Petition is filed to declare the action of the Respondents in not considering the case of the Petitioner for promotion to the post of Special Grade Municipal Commissioner without reference to the Charge Memorandum issued vide G.O.R.T.No.805 MA & UD (Vig.III) Department, dated 18.08.2025 as illegal and arbitrary.

The Petitioner has been working as Municipal Commissioner Grade-I since 2022. It is stated that now he is eligible and qualified for promotion to the post of Special Grade Municipal Commissioner. While so, a Charge Memo was issued to the Petitioner vide G.O.R.T.No.805 MA & UD (Vig.III) Department, dated 18.08.2025, making certain allegations.

It is stated that after serving the above Charge Memorandums, the Petitioner submitted statement of defence refuting the aforesaid charge and enquiry is stated to be pending. In view of the pendency of the Charge Memorandum, the case of the Petitioner for promotion is not being considered. It was in that context, the present Writ Petition was filed.

Having heard the respective submissions, this Court is of the opinion that the case of the Petitioner for the post of Special Grade Municipal Commissioner can be considered for promotion in terms of G.O.Ms.No.257 General Administration (Ser.C) Department, dated 10.06.1999.

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5. The Writ Petition is disposed of with following directions:

i) The Respondents are directed to consider the Petitioner’s case for promotion to the Post of Special Grade Municipal Commissioner subject to the Petitioner possessing requisite qualifications in terms of G.O.Ms.No.257, General Administration (Ser.C) Department, dated 10.06.1999.

(ii) There shall be no order as to costs.

As a sequel, miscellaneous petitions, pending if any, shall stand closed.

__________________ NYAPATHY VIJAY, J

Date: 03.07.2026

Whether the order is:

Speaking	Reasoned
Reportable	Non-reportable

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THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY

WRIT PETITION NO: 17793 of 2026

Dated: 03.07.2026

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