Smt. T.K.Usha Rani Vs The State of Andhra Pradesh

SMT. T.K.USHA RANI, W/O. K.BHASKAR AGED ABOUT 59 YEARS, OCC . ADDL.CHILD DEVOLOPNNENT PROJECT OFFICER, O/O THE REGIONAL JOINT DIRECTOR WOMEN DEVELOPMENT AND CHILD WELFARE DEPARTMENT, KURNOOL-518 002.

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...PETITIONER

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AND

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THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, WOMEN DEVELOPMENT AND CHILD WELFARE DEPARTMENT SECRETARIAT, VELGAPUDI, GUNTUR DISTRICT.

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THE DIRECTOR, WOMEN DEVELOPMENT AND CHILD WELFARE DEPARTMENT STATE OF ANDHRA PRADESH, GUNTUR, GUNTUR DISTRICT.

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THE REGIONAL JOINT DIRECTOR, WOMEN DEVELOPMENT AND CHILD WELFARE DEPARTMENT, KURNOOL REGION KURNOOL.

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...RESPONDENT(S):

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This Court made the following ORDER:

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This Writ Petition is filed under Article 226 of the Constitution of

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India by the Petitioners for the following relief:

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“to issue writ, order or direction more particularly one in the nature of Writ of Mandamus, declaring the action of the 2nd respondent in not considering the representations made by the petitioner dated 16.09.2025 and 29.09.2025 for sanction and fixation of Special Promotion Post Scale- lA on completion of 12 years of incremental service as void, illegal, arbitrary and unconstitutional and consequently direct the 2nd respondent to sanction and fix Special Promotion Post Scale- IA to the petitioner on completion of 12 years of incremental service by taking into consideration of the proposals made by the 3rd respondent 06.10.2025 as per G.O.Ms.No. 96 dated 20-05-2011 as well as Cir.Memo.No.020091/125/PC.11/2011 dated 17.08.2011 issued by the Government of AP and the provisions of the Fundamental Rules with all consequential benefits and pass….”

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Heard the learned counsel for the petitioner and the learned Government Pleader for Women and Child Welfare appearing for the respondent Nos.1 to 3.

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The present writ petition is filed questioning the action of the 2^nd respondent in not considering the representations made by the petitioner dated 16.09.2025 and 29.09.2025 for sanction and fixation of Special Promotion Post Scale–IA on completion of 12 years of incremental service, as being void, illegal and arbitrary.

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The case of the petitioner is that she was appointed as Supervisor Grade–I in the year 1993 through selection by APPSC and was promoted as CDPO in September, 2009, and has been continuously working in the said post thereafter. She worked as CDPO, ICDS Project, Maldakal (then Gadwal, now Jogulamba Gadwal District) from 30.09.2009 to 31.03.2016. After bifurcation of the State, she was allotted to the State of Andhra Pradesh on 11.04.2016, and since then she has been serving in Andhra Pradesh. The petitioner is due to retire on 30.06.2028. While working as CDPO, ICDS Project, Atmakur, Nellore District, the 2nd respondent issued Charge Memo No. WDC02-11024/10/2019-Vig-WDCW dated 14.12.2020, alleging irregularities pertaining to the period 2014–2015, i.e., prior to her allotment to the State of Andhra Pradesh. The petitioner submitted her explanation on 10.02.2021 denying the charges. As no further steps were taken, the petitioner approached this Court in W.P. No. 3666 of 2025 questioning the prolonged pendency of the disciplinary proceedings. This Court, by order dated 12.02.2025, directed the respondents to conclude the inquiry within six months, failing which the charge memo would stand quashed automatically. The stipulated period expired in August, 2025, and the inquiry was not concluded. It is further submitted that the petitioner’s claim for Special Promotional Scale was earlier rejected by Memo No. 19058/42/2023-Estt-(E4) dated 20.07.2023 solely on the ground of pendency of disciplinary proceedings. Since the

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disciplinary proceedings now stand quashed, the petitioner has become eligible and entitled for Special Promotional Scale–IA on completion of 12 years of incremental service, as per the Fundamental Rules and the Automatic Advancement Scheme under G.O.Ms.No.96 dated 20.05.2011 and Circular Memo No. 020091/125/PC.II/2011 dated 17.08.2011. Accordingly, the petitioner submitted a representation dated 16.09.2025 seeking sanction of Special Promotional Scale–IA. Pursuant thereto, the 3^rd respondent forwarded the proposals on 06.10.2025, but the same are pending before the 2^nd respondent till date. Despite receipt of the said proposals, the 2^nd respondent has not considered the representations nor passed any orders.

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On the other hand, the learned Government Pleader for Women and Child Welfare appearing for respondent Nos.1 to 3 submitted, on instructions, that certain charges are pending against the petitioner and that the matter has been referred to vigilance, and therefore no orders were passed.

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As contended by the learned counsel for the petitioner, the fact remains that the proposals sent by the 3^rd respondent are pending before the 2^nd respondent, and the 2^nd respondent is bound to consider the same in accordance with G.O.Ms.No.96 dated 20.05.2011 and Circular Memo

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No. 020091/125/PC.II/2011 dated 17.08.2011, and pass appropriate orders.

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Considering the submissions of both sides and on perusal of the material available on record, this Court is of the considered view that the writ petition is disposed of by directing the 2^nd respondent to consider the representations made by the petitioner dated 16.09.2025 and 29.09.2025 for sanction and fixation of Special Promotion Post Scale–IA on completion of 12 years of incremental service, along with the proposal sent by the 3^rd respondent dated 06.10.2025, and pass appropriate orders within a period of two (02) months from the date of receipt of a copy of this order. there shall be no order as to costs.

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As a sequel, interlocutory applications if any pending, shall stand closed.

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________________________ JUSTICE D. RAMESH

Dt:27.01.2026

klk

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THE HONOURABLE SRI JUSTICE D. RAMESH