Marada Venkatesh Vs the State of Ap

MARADA VENKATESH, S/O SIVUNNAIDU AGED ABOUT 28 YEARS, OCC GR-II VILLAGE AGRICULTURAL ASSISTANT PONDURU-III RYTHU SEVA KENDRAM, PONDURU MANDAL SIRKAKULAM DISTRICT, ANDHRA PRADESH - 532 168

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...PETITIONER

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AND

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THE STATE OF AP, REP.BY ITS PRINCIPAL SECRETARY TO GOVERNMENT AGRICULTURE DEPARTMENT, A.P SECRETARIAT VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT ANDHRA PRADESH - 522 238

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THE DIRECTOR OF AGRIRCULTURE, AGRICULTURE MARKET COMMITTEE ROAD MURIKIPET, CHUTTUGUNTA CIRCLE RYTHU BAZAR, GUNTUR, GUNTUR DISTRICT ANDHRA PRADESH - 522 004

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THE DISTRICT COLLECTOR, SRIKAKULAM DISTRICT COLLECTORATE COMPLEX, SRIKAKULAM ANDHRA PRADESH - 532 001

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THE DISTRICT COLLECTOR, VIZIANAGARAM DISTRICT COLLECTORATE, VIZIANAGARAM ANDHRA PRADESH - 535 003

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THE DISTRICT AGRICULTURE OFFICER, NEW BRIDGE ROAD,

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2

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GUJARATHIPETA SRIKAKULAM, SRIKAKULAM DISTRICT ANDHRA PRADESH - 532 005

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THE DISTRICT AGRICULTURE OFFICER, COLLECTORATE COMPLEX, VIZIANAGARAM VIZIANAGARAM DISTRICT, ANDHRA PRADESH

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THE ASSISTANT DIRECTOR OF AGRICULTURE, RANASTALAM SUBDIVSION, SRIKAKULAM DISTRICT ANDHRA PRADESH - 532 407

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THE ADMINISTRATIVE OFFICER, O/O THE DISTRICT AGRICULTURE OFFICER NEW BRIDGE ROAD, GUJARATHIPETA SRIKAKULAM, SRIKAKULAM DISTRICT ANDHRA PRADESH-532 005

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9 THE MANDAL PARISHAD DEVELOPMENT OFFICER, MANDAL PRAJA PARISHAD, MAKKUVA VIZIANAGARAM DISTRICT, A.P - 535 547

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THE MANDAL AGRICULTURAL OFFICER, MAKKUVA MANDAL, VIZIANAGARAM DISTRICT ANDHRA PRADESH - 535 547

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11 THE MANDAL PARISHAD DEVELOPMENT OFFICER, MANDAL PRAJA PARISHAD, PONDURU SRIKAKULAM DISTRICT, A.P - 532 168

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THE MANDAL AGRICULTURAL OFFICER, PONDURU MANDAL, SRIKAKULAM DISTRICT ANDHRA PRADESH - 532 168

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THE EXECUTIVE OFFICER, (PANCHAYAT SECRETARY) GRAM PANCHAYAT, PONDURU PONDURU MANDAL, SRIKAKULAM DISTRICT ANDHRA PRADESH - 532 168

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THE SUBTREASURY OFFICER, PONDURU MANDAL, SRIKAKULAM DISTRICT ANDHRA PRADESH - 532 168

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THE KAVIRIPALLI GRAM PANCHAYAT, MAKKUVA MANDAL, VIZIANAGARAM DISTRICT ANDHRA PRADESH - 535 547 REP.BY ITS PANCHAYAT SECRETARY

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POGIRI NEELIMA, RAITHU SEVA KENDARAM KONDAPURAM, PALAKONDA MANDAL PARVATHIPURAM, MANY AM DISTRICT ANDHRA PRADESH - 532 440 (PRESENTLY, AEO(GR-II), KOTHURU,

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KOTHURU MANDAL SRIKAKULAM DISTRICT, A.P - 532 455

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M SAI DEEPTHI, RAITHU SEVA KENDARAM T. JONNAVALASA, AMADALAVALASA MANDAL SRIKAKULAM DISTRICT, A.P -532 185 (PRESENTLY, AEO(GR-II), BUIJA BURJA MANDAL, SRIKAKULAM DISTRICT ANDHRA PRADESH - 532 44

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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 a writ, order or direction more particularly one in the Writ of Mandamus, declaring the action of the respondents especially the respondent in issuing impugned proceedings Rc.No.Estt(l), 342/2024, 21- 112024, by deleting my name from list of eligible Village Agricultural Assistants (Gr.II) for promotion to the next post i.e., Agricultural Extension Officer (Gr.II), governmenttheviolation orders/instructions / guidelines G.O.Ms.No.257, General Administration (Ser.C) Department, dated 10-06-1999, and in deviation to the Provisional Seniority List dated 12-04-2024, Final Provisional Seniority List dated 14-10-2024, and the recommendation of the 7th respondent, and promoting the respondents 16 and 17, who are juniors to me, as arbitrary, illegal, unconstitutional, and against the well settled principles of natural justice, and consequentially direct the respondents to include my name in the promotion list ahead of the respondents 16 and 17, by setting aside the impugned proceedings Rc.No.Estt(l), 342/2024, 21-11-2024, issued by the 5th respondent herein, by calling for the entire records culminating into issuance of the impugned proceedings Rc.No.Estt(l), 342/2024, 21-11-2024, and 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 pleased to Stay all further proceedings by suspending the operation of impugned proceedings Rc.No.Estt(l), 342/2024, 21-11-2024, issued by the 5th respondent herein, pending disposal of the above writ petition, and pass

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Counsel for the Petitioner:

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1.LEO LAW ASSOCIATES LLP

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Counsel for the Respondent(S):

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1.GP FOR SERVICES I

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2.GP FOR SERVICES II

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The Court made the following:

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ORDER:

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The present writ petition is filed seeking to declare the action of the respondents especially the 5^th respondent in issuing the impugned proceedings dated 21.11.2024, by deleting the name of the petitioner from the eligible Village Agricultural Assistants (Gr.II) for promotion to the next post i.e, Agricultural Extension Officer (Gr.II), in violation of the G.O.Ms.No.257, General Administration (Ser-C) Department, dated 10.06.1999 and deviation to the provisional seniority lists dated 12.04.2024 and 14.10.2024 as illegal and arbitrary.

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The case of the petitioner is that he petitioner was initially selected pursuant to the notification No.1 of 2019 dated 26.07.2019 and appointed as Village Agricultural Assistant (Grade-II) and as per the appointment, the petitioner has joined the 1^st respondent department and was allocated to Kaviripalli Village Secretariat of Makkuva Mandal in Vizianagaram District and reported to duty on 02.10.2019. Subsequently, the petitioner received a call from the 5^th respondent’s office for the post of Village Agricultural Assistant (Grade-II) in non-local category and he has opted to work in Srikakulam District and as such he submitted a letter dated 14.11.2019 to that effect to the 3^rd respondent

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and consequently, he was relieved from his duties on 21.11.2019 by the 9^th respondent to enable him to join at Ponduru III Secretariat of Srikakulam District. 10^th respondent issued a duty certificate dated 01.01.2020 certifying that the petitioner worked during 02.10.2019 to 20.11.2019 in Makkuva Mandal. The 15^th respondent also issued the petitioner a non-drawal certificate dated 20.05.2024, certifying that he was not paid the salary for the period 02.10.2019 to 20.11.2019. Accordingly, the petitioner has joined on 21.11.2019 at Srikakulam District. Though the petitioner is entitled for the salary for the post he discharged at Vizianagaram, the petitioner has drawn the salary for the post at Srikakulam District. For the minor lapses, the respondents have initiated the departmental proceedings and concluded by awarding the minor punishment of Censure vide orders dated February, 2025.

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In view of the censure, the respondents have bypassed the case of the petitioner for promotion to the post of Agricultural Assistant Extension Officer (Grade-II). Aggrieved by the said action, the present writ petition is filed.

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While the writ petition was pending, the petitioner has also preferred an appeal before 2^nd respondent as against the orders of the 5^th respondent and the 2^nd respondent passed the orders dated 27.05.2025 allowing the appeal by setting aside the minor punishment of censure imposed against the petitioner. Considering the same, the 5^th respondent has forwarded a letter to the 3^rd respondent on 09.06.2025 as there are 24 existing vacancies of Agricultural

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Extension Officers (Grade-II). In view of setting aside of punishment of censure imposed against the petitioner, the case of the petitioner can be considered by the 3^rd respondent in the existing vacancies. The said proposals are pending before the 3^rd respondent.

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Considering the submissions made by the learned counsel for the petitioner and also on perusal of the orders passed by the 3^rd respondent dated 20.05.2025 and also the communication/proposal sent by the 5^th respondent to 3^rd respondent dated 09.06.2025, the writ petition is disposed of directing the 3^rd respondent to consider the proposal sent by the 5^th respondent on 09.06.2025 and pass appropriate orders by taking into consideration of the orders passed by the 3^rd respondent dated 20.05.2025. The said exercise shall be completed within a period of one month from the date of receipt of copy of this order. No order as to costs.

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

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_____________ D. RAMESH,J

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Date:03.03.2026 Gk.

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THE HON’BLE SRI JUSTICE D. RAMESH

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WRIT PETITION No.28227 OF 2024