Mummidi Sreenivasu Vs the State of Andhra Pradesh

MUMMIDI SREENIVASU, S/O MUMMIDI VEERRA RAJU, AGED ABOUT 57 YEARS, WORKING AS SENIOR ASSISTANT, 0/O MANDALA PRAJA PARISHAD, PRATHIPADI MANDALAM, KAKINAD 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 CAPITAL CITY, GUNTUR DISTRICT.

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THE STATE OF AP, THE PRINCIAPL SECRETARY, FINANCE DEPARTMENT, GOVT OF A.P., SECRETARIAT, VELAGAPUDI, AMARAVATI CAPITAL CITY, GUNTUR DISTRICT.

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THE COMMISSIONER, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, GOVERNMENT OF A.P.PVS ICON BUILDING, TADEPALLY, GUNTUR DISTRICT.

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THE DISTRICT COLLECTOR, , (PANCHAYAT RAJ WING), KAKINADA DISTRICT, KAKINADA.

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KAKINADA ZILLA PRAJA PARISHAD, , REP., BY ITS CHIEF EXECUTIVE OFFICER, KAKINADA DISTRICT, KAKINADA, PREVIOUSLY EAST GODAVARI DISTRICT

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THE COMMISSIONER, DISABLED WELFARE DEPARTMENT, GOVT.OF ANDHRA PRADESH, AUTO NAGAR, PATAMATA, VIJAYAWADA.

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THE ASSISTANT DIRECTOR, , DISABLED WELFARE DEPARTMENT SRI BULUSU SAMBAMURTHY DEAF AND DUMB SCHOOL COMPOUND, SAMBAMURTHY NAGAR, KAKINADA, KAKINADA DISTRICT.

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THE DIRECTOR, TREASURY OFFICE, GOVERNMETN OF A.P., IBRAHIM PATNAM, NTR DISTRICT

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2

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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 to issue an appropriate Writ, Order or Direction more particularly in the nature of Writ of Mandamus declaring the proceedings Rc.No.D4ZPP.443990 dated 1-112023 of the 5th Respondent refusing to consider the case of the petitioner for promotion under 4per reservation in appointment and promotions in terms of G.O.Ms.No.2 Department for Women, Children, Differently abled and Senior Citizens(Prog.II) Government of Andhra Pradesh dated 19-02-2020, as Mandal Parishad Development Officer, by considering the Judgment in O.A.No.613/2006 dated 16-04-2012, which was confirmed by this Honble Court in W.P.No. 21123/2012 dated 30-03-2021, as arbitrary, illegal, in violation of Article 14,16 and 21 of the Constitution of India and consequently direct the Respondents, to consider the case of the petitioner for promotion as mandal Parishad Development Officer in the vacancies reserved in terms of G.O.Ms.No.2 Department for Women, Children, Differently abled and Senior Citizens(Prog.II) Government of Andhra Pradesh dated 19-02-2020, and promote him with effect from the date of his eligibility with all consequential benefits, and to pass

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IA NO: 1 OF 2024

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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 to direct the respondents to consider the case of the petitioner for promotion as Mandal Parishad Development Officer in the vacancies reserved in terms of G.O.Ms.No.2 Department for Women, Children, Differently abled and Senior Citizens(Prog.II) Government of Andhra Prdesh dated 19-02-2020 by suspending the proceedings Rc.No.D4ZPP.443990 dated 1-11-2023 of the 5th Respondent pending disposal of the above writ petition and to pass

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Counsel for the Petitioner:

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1.SUBBA RAO KORRAPATI

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Counsel for the Respondent(S):

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1.Yarraguntla.Koteswara Rao,Standing Counsel For Zilla Praja Parishads,Mandal Praja Parishad

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2.GP FOR SERVICES IV

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3.GP FOR SERVICES I

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4.GP FOR SERVICES II

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The Court made the following:

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THE HONOURABLE SRI JUSTICE BALAJI MEDAMALLI WRIT PETITION NO: 2518/2024

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ORDER

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The Writ Petition has been filed by the petitioner for the following relief:

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“…….to issue an appropriate Writ, Order or Direction, more particularly in the nature of a Writ of Mandamus declaring the proceedings Rc.No.D4/ZPP.443990, dated 01.11.2023, of the 5th respondent refusing to consider the case of the petitioner for promotion under 4% reservation in appointments and promotions in terms of G.O.Ms.No.2, Department for Women, Children, Differently Abled and Senior Citizens (Prog.II), Government of Andhra Pradesh, dated 19.02.2020, as Mandal Parishad Development Officer, by considering the judgment in O.A.No.613/2006, dated 16.04.2012, which was confirmed by this Hon'ble Court in W.P.No.21123 of 2012, dated 30.03.2021, as arbitrary, illegal, in violation of Articles 14, 16 and 21 of the Constitution of India and consequently direct the respondents to consider the case of the petitioner for promotion as Mandal Parishad Development Officer in the vacancies reserved in terms of G.O.Ms.No.2, Department for Women, Children, Differently Abled and Senior Citizens (Prog.II), Government of Andhra Pradesh, dated 19.02.2020, and promote him with effect from the date of his eligibility with all consequential benefits, and to pass….”

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2. Heard Sri Subba Rao Korrapati, learned counsel for the petitioner, Sri B. Sambasiva Rao representing Sri Yarraguntla Koteswara Rao, learned Standing Counsel for Zilla Praja Parishad and Mandal Praja Parishad, Sri Varun Shyam Kumar, learned Assistant Government Pleader for respondents–Services I & IV, and Sri S. Sarath Kumar, learned Assistant Government Pleader for respondents–Services II.

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3. The case of the petitioner is that he was not considered for promotion in terms of G.O.Ms.No.2, Department for Women, Children, Differently Abled and Senior Citizens (Prog.II), Government of Andhra Pradesh, dated 19.02.2020, under the category of Hearing Impaired (Physically Handicapped). However, the person belonging to the general category was promoted against the vacancy meant for Hearing Impaired (Physically Handicapped), and the petitioner is entitled for consideration for promotion under G.O.Ms.No.2, dated 19.02.2020.

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4. After hearing for some time, learned counsel for the respondents submitted that the petitioner may make a representation to the respondent authorities for consideration of his promotion under the Hearing Impaired (Physically Handicapped) category, and the same will be considered, and the respondents will take appropriate action in terms of G.O.Ms.No.2, dated 19.02.2020.

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5. Considering the said submissions and with the consent of the both the counsel appearing for the parties, the following order is passed.

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6. Let the petitioner make a representation to respondent No.5 within a period of two (02) weeks from the date of receipt of a copy of this order, along with required documents. Upon such representation, respondent No.5 is directed to consider the same in terms of G.O.Ms.No.2, dated 19.02.2020, and pass appropriate orders within a period of four (04) weeks from the date of receipt of such representation.

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7. With the above observations, the Writ Petition is disposed of. There shall be no order as to costs.

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

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closed.

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____________________ BALAJI MEDAMALLI, J

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Date: 17.07.2026 SSA

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Whether the order is :