M.a.v.v.Uday Bhaskar, Vs The State of A.P.

M.A.V.V.UDAY BHASKAR,, S/O. SURYA RAO (LATE), AGED ABOUT 45 YEARS, OCC SENIOR ASSISTANT, O/O. COMMISSIONER AND DIRECTOR OF MUNICIPAL ADMINISTRATION CRDA BUILDING, RAYAPUDI, GUNTUR DISTRICT-522237.

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...PETITIONER

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AND

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THE STATE OF A P, REP BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, AT AMARAVATHI, GUNTUR DISTRICT-522238.

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THE COMMISSIONER AND DIRECTOR OF MUNICIPAL ADMINISTRATION, STATE OF A.P., CRDA BUILDING, RAYAPUDI, GUNTUR DISTRICT-522237.

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THE GREATER VISAKHAPATNAM MUNICIPAL CORPORATION, REP BY ITS COMMISSIONER, VISAKHAPATNAM VISAKHAPATNAM DISTRICT-530003.

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...RESPONDENT(S):

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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 an appropriate order or directions more particularly, one in the nature of Writ of Mandamus, declaring the

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action of the respondents particularly 3rd respondent in not considering the petitioner claim for promotion to the post of Superintendent in terms of terms of G.O.Ms.No.66, General Admiinistration (Ser.C) Department, dated 30-01-1991 and no charge memo or no criminal case pending against the petitioner as highly illegal, arbitrary, unjust, discrimination, unconstitutional and violation of Article 14 and 16 and 21 of the Constitution of India and contrary to the orders of this Hon'ble Court and consequentially direct the respondents to promote the petitioner as Superintendent keeping in view of the orders of W.P.No. 26771 of 2025 dated 25.09.2025 and W.P.No. 22149 of 2025 dated 02.09.2025 and in terms of G.O.Ms.No.66, General Admiinistration (Ser.C) Department, dated 30-01-1991 with all consequential benefits

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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 petitioner claim for promotion to the post of Superintendent in terms of G.O.Ms.No.66, General Administration (Services-C) Department dated 30.01.1991 pending disposal of the above writ petition

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Counsel for the Petitioner:

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1.T S N SUDHAKAR

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Counsel for the Respondent(S):

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1.A S C BOSE (SC FOR MUNICIPAL CORPORATIONS AP)

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2.GP FOR SERVICES I

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The Court made the following:

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THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY

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WRIT PETITION No.19061 of 2026

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ORDER:

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The present Writ Petition is filed to declare the action of the

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Respondents in not promoting the Petitioner to the post of Superintendent from the post of Senior Assistant in terms of G.O.Ms.No.66, General Administration (Ser.C) Department, dated 30.01.1991, even though no charge-memorandum or criminal cases pending against the Petitioner, as illegal and arbitrary.

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The Petitioner is working as Senior Assistant in the office of Commissioner and Director of Municipal Administration, CRDA building, Rayapudi, Guntur and presently he was deputed to work in CDMA office at Amaravathi vide proceedings, dated 02.08.2025. The Petitioner is in the zone of consideration for promotion to the post of Superintendent. It is stated that the Petitioner was suspended from service on 14.10.2021 and subsequently reinstated into service vide Proceedings in Rc.No.7757/2020/C3, dated 23.10.2021. However, according to the Petitioner, no charge-memorandum was issued in the disciplinary proceedings nor charge-sheet is filed in criminal case. Despite the absence of both, the Petitioner's case for promotion to the

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post of Superintendent was not considered. Aggrieved by the same, the Petitioner filed the present Writ Petition.

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Learned counsel for the Petitioner submitted that, since no charge memorandum is issued to the Petitioner, he is entitled to be considered for promotion in terms of G.O.Ms.No.66, General Administration (Ser.C) Department, dated 30.01.1991.

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The learned Government Pleader would submit that the case of the Petitioner would be considered for promotion in terms of G.O.Ms.No.66, dated 30.01.1991.

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Having heard the respective counsel, G.O.Ms.No.66, dated 30.01.1991 states that the promotion/appointment by transfer to a higher post should be deferred only when charges of misconduct are framed by the competent authority or a charge-sheet has been filed against him in Criminal Court. The relevant paragraph of the said Government Order is extracted hereunder:-

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“Government, however, hereby direct that promotion/ appointment by transfer to a higher post in respect of officers who are facing disciplinary proceedings or a criminal case or whose conduct is under investigation and whose case falls under the group referred to in Para 2(iii) of the G.O first read above, shall be deferred, only when charge of misconduct are framed by the competent authority and served on the concerned Delinquent Officer; or a Charge-Sheet has been filed against him in Criminal Court, as the case may be.”

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6. In view of the above, the Writ Petition is disposed of, with the following directions:-

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