Alle. Balamaddiah Vs The State of Andhra… — Writ and Judicial Review | Andhra Pradesh HC (2026)

Alle. Balamaddiah Vs The State of Andhra… — Writ and Judicial Review | Andhra Pradesh HC (2026)

What the court decided

AI extract

Outcome

Direction to the respondents to consider the petitioner's case for promotion to the post of Assistant Director/Assistant City Planner in terms of G.O.MS.No.66, General Administration (Services-C) Department, dated 30.01.1991; no costs; pending interlocutory applications closed.

Issue for consideration

Whether the respondents' action in not considering the petitioner's case of promotion to the post of Assistant Director/Assistant City Planner is illegal, unjust, arbitrary and violative of Articles 14, 16 and 21 of the Constitution. +1 more

Court's answer

The writ petition is disposed of at the stage of admission with a direction to the respondents to consider the petitioner's case for promotion to the post of Assistant Director/Assistant City Planner in terms of G.O.MS.No.66, General Administration (Services-C) Department, dated 30.01.1991.

Detailed headnote1 paragraphs

Andhra Pradesh High Court at Amaravati (Special Original Jurisdiction), Single Judge (Justice D. Ramesh), Writ Petition No. 1972 of 2026, decided 23-01-2026. Alle. Balamaddiah, shown as Town Planning Officer in the cause title and described in the body as working as Assistant Commissioner of Planning at Adoni Municipality, filed a writ petition under Article 226 seeking a writ of mandamus to direct consideration of his promotion to the post of Assistant Director/Assistant City Planner, which the respondents declined owing to common disciplinary proceedings in which he was shown at serial no. 5, though he was not working at the time of the ACB sudden checks in Nandyal Municipality, referable to G.O.Rt.No.326 dated 21.04.2026 of Municipal Administration and Urban Development (Vig.III) Department. Placing reliance on G.O.Ms.No.66, General Administration (Services-C), dated 30-01-1991 (under which disciplinary proceedings are deemed pending only after charges are framed, mere initiation not amounting to commencement) and on the coordinate Bench decision in W.P.No.17683 of 2025, the Court disposed of the writ petition at the stage of admission, directing the respondents to consider the petitioner's promotion case in terms of G.O.Ms.No.66 dated 30.01.1991; no costs; pending interlocutory applications closed.

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APHC010030182026

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

(Special Original Jurisdiction)

[3208]

FRIDAY,THE TWENTY THIRD DAY OF JANUARY TWO THOUSAND AND TWENTY SIX

PRESENT

THE HONOURABLE SRI JUSTICE D RAMESH

WRIT PETITION NO: 1972/2026

Between:

ALLE. BALAMADDIAH, S/O GUNDALU, AGE38 YEARS, PRESENTLY WORKING AS TOWN PLANNING OFFICER, AT ADONI MUNICIPALITY, KURNOOL DISTRICT

...PETITIONER

AND

THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT (VIG-I) DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMRAVATI, GUNTUR DISTRICT.PIN - 522238

THE DIRECTORATE OF TOWN AND COUNTRY PLANNING, REPRESENTED BY ITS DIRECTOR, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT, GOVERNMENT OF ANDHRA PRADESH, MGM CAPITAL, GROUND FLOOR, NRI HOSPITAL, JUNCTION, MANGALAGIRI, GUNTUR DISTRICT, AMRAVATI - PIN - 522 503

...RESPONDENT(S):

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This Court made the following ORDER:

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

India by the Petitioners for the following relief:

“to issue an appropriate writ, order or direction more particularly one in the nature in WRIT of MANDAMUS aggrieved by the action of the Respondents in not considering Petitioner's case of promotion to the post of Assistant Director/ Assistant City Planner which is highly illegal, unjust, arbitrary and contrary to law and violations of Principles of Natural Justice and contrary Articles 14, 16 and 21 of Constitution of India and consequently direct the Respondents to forthwith consider the Petitioner's case of promotion to the next level cadre post of Assistant Director/ Assistant City Planner without referring the Common Disciplinary Proceedings in G.O.Rt.No 326 Dated 21.04.2026 of Municipal Administration and Urban Development(Vig.lll) Department and as per GO Ms No 66 General Administration (SERVICES-C) Director, Dated 30.1.1991 and as per law...”

Heard the learned counsel for the petitioner and the learned Standing counsel appearing for the respondents.

The petitioner, who is working as an Assistant Commissioner of Planning at Adoni Municipality. In a common disciplinary proceedings initiated against the petitioner and others, the petitioner was shown at serial no. 5. However, he was not working at the time of the sudden checks conducted by the ACB in Nandyal Municipality. It is contended that the petitioner is due for promotion; however, the respondents are not considering the petitioner's case, as disciplinary proceedings are pending.

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It is stated that, placing reliance on G.O.Ms.No.66 dated 30-01-1991, the disciplinary proceedings are deemed to be pending only after the charges are framed against the employee. It is further contended that mere initiation of the disciplinary proceedings would not amount to actual commencement of the disciplinary proceedings. Placing reliance on the said G.O.Ms.No.66, the petitioner seeks consideration of his case for promotion.

The learned counsel for the petitioner further places reliance on the decision of the coordinate Bench in W.P.No.17683 of 2025 prays for passing of the similar order in the present case also.

Considered the submissions and having regard to the contentions advanced, this Court deems it appropriate to dispose of the writ petition at the stage of admission.

Accordingly, the Writ Petition is disposed of with a direction to the respondents to consider the case of the petitioner for promotion to the post of Assistant Director/Assistant City Planner in terms of G.O.MS.No.66, General Administration (Services-C) Department, dated 30.01.1991. No costs. There shall be no order as to costs.

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As a sequel, interlocutory applications if any pending, shall

stand closed.

JUSTICE D. RAMESH

Dt:23.01.2026

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THE HONOURABLE SRI JUSTICE D. RAMESH

252

WRIT PETITION No.1972 of 2026

Dt:23.01.2026

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