T. Mastanaiah & Ors. v. The District Collector and Magistrate, SPSR Nellore District

Judgment

#1. T. Mastanaiah, S/o. Narsaiah, Aged about 57 years, Occ: HWO Gr^ll, Govt., BC Boys Hostel, SPSR Nellore, R/o Nellore, SPSR Nellore District.

#2. B. Suresh Babu, S/o B. Venkaiah, Aged bout 54 years, Occ: HWO Gr-ll, Govt., BC Boys Hostel, Mutukur, Nellore, SPSR Nellore District AND ...PETITIONERS

#1. The District Collector and Magistrate, SPSR Nellore District.

#2. The District BC Welfare and Empowerment Officer, SPSR Nellore District.

#3. The Director of B.C. Welfare, A.P., Vijayawada, Krishna District.

#4. The State of Andhra Pradesh, rep. by its Principal Secretary, BC Welfare Department Secretariat, Velagapudi, Guntur District.

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 one in the nature of Writ of Mandamus to declare the action of the ...RESPONDENTS Respondents in not considering the case of the Petitioners for promotion to the post of HWO Gr-I, on the ground of pendency of ACB case vide (2019 FIR.No.10/2023 arbitrary. discriminatory and violative of Articles 14 and 16 of the Constitution of dt.21.11.2023 illegal, issue) India and consequently, direct the Respondents to consider the case of the Petitioners for promotion to the post of HWO Gr-I, without reference to the pendency of ACB case vide Crime No. 10/2023 in accordance with G.Q.Ms.No.66 dt.30.01.1991 and as per the ratio of the orders of this Hon-ble Court in WP.No.6673/2025 dt.19.03.2025, from the date of their eligibility, with all service and monetary benefits. lA NO: 1 OF 2025 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 Petitioners for promotion to the post of HWO Gr-I without reference to the pendency of in accordance with ACB case in Crime No. G.O.Ms.No.66 dt:30.01.1991 and also as per the orders of this Hon'ble Court in WP.No.6673/2025 dt:19.03.2025 pending disposal of the above writ petition. 10/2023 dt;21.11.2023, Counsel for the Petitioner: SRI POODATTU AMARENDER Counsel for the Respondent Nos.1 to 4: GP FOR SERVICES II The Court made the following: ORDER APHC010252662025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3506] (Special Original Jurisdiction) WEDNESDAY, THE SEVENTH DAY OF MAY TWG'THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 12608/2025 Between: T Mastanaiah and another 1 .The District Collector and Magistrate and Others AND Counsel for the Petitioner{S):

1.POODATTU AMARENDER Counsel for the Respondent(S):

1.GPFOR SERVICES II The Court made the following: ...PETITIONER(S) ...RESPONDENT(S) ORDER: The present writ petition is filed seeking the following relief: “to issue an appropriate writ, order or direction, more particularly, one in the nature of Writ of Mandamus to declare the action of the Respondents in not considering the case of the Petitioners for promotion to the post of HWO Gr-I on the ground of pendency of ACB case vide FIR No. 10/2023 dated 21.11.2023 (2019 issue) as illegal, arbitrary, discriminatory and violative of Articles 14 and 16 of the Constitution of India, and consequently, direct the Respondents to consider the case of the Petitioners for promotion to the post of HWO Gr-I without reference to the pendency of ACB case vide Crime No. 10/2023 in accordance with G. O. Ms. No.66, dated 30.01.1991, and as per the ratio of the orders of this Hon’ble Court in W.P.No.6673/2025, dated 19.03.2025, from the date of their eligibility with all service and monetary benefits and pass ...” i CGR, J. W.P.No.12608 of 2025

#2. Petitioners are working as Hostel Welfare Officers Grade-ll and are stated to be eligible for promotion to the post of Hostel Welfare Officer Grade-1. Petitioners have been arrayed as accused in Crime NO.10/RCO-ACB-NLR/2023 of ACB, Nellore Range. Nellore Police Station, registered for the offences under Sections 7, 13(1)(a) r/w. 13(2) of the Prevention of Corruption Act and under Section 120B The investigation is stated to be pending and so far no of IPC. Petitioners are now under zone of charge-sheet has been filed, consideration for promotion, however, in view of pendency of not being considered. In terms of aforesaid crime, their case is G.O.Ms.No.66 General Administration (Services.C) Department, dated 30.01.1991, case of petitioners has to be considered for the purpose of promotion, since no charge-sheet has been filed so far. However, respondents without regard to the said G.O., are not considering their case.

#3. Heard learned counsel for the petitioners and learned Assistant Government Pleader for Services-ll for the respondents,

#4. Learned counsel for the petitioners placed reliance on the common order of the Division Bench of this Court in Transport Commissioner, Tr. R & B Department, Vijayawada v. Y. Veera "N CGR, J. W.P.No.12608 of 2025 Purnachandra Rao wherein, the Division Bench of this Court considered the effect of G.O.Ms.No.66, dated 30.01.1991 and necessary directions were issued to the respondents therein to consider the cases of petitioners/respondents therein promotion.

#5. Learned Assistant Government Pleader Services-ll appearing for the respondents does not refute the aforesaid submission, however, submits that the case of the petitioners will be considered in accordance with G.O.Ms.No.66, dated 30.01.1991.

#6. In view of the aforesaid submissions, without going into the merits of the matter, the writ petition is disposed of at the admission stage directing the respondents to consider the case of the petitioners for promotion to the post of Hostel Welfare Officers Grade-1, if petitioners are in zone of consideration in terms of G.O.Ms.No.66, G.A.D. (Services. C) Department, dated 30.01.1991. As a sequel, miscellaneous petitions pending consideration, if any, in this case shall stand closed. Common Order, dt.03.07.2019, in W.P.No.2246 of 2019 & batch. (DB) (AP H.C.) //TRUE COPY// Sd/- A. ViJAYA BABU ASSISTANT REGIS i RAR SECTION OFFICER To,

#1. The District Collector and Magistrate, SPSR Nellore District.

#2. The District BC Welfare and Empowerment Officer, SPSR Nellore District.

#3. The Director of B.C. Welfare, A.P., Vijayawada, Krishna District.

#4. The Principal Secretary, BC Welfare Department, State of Andhra Pradesh, Secretariat, Velagapudi, Guntur District.

5.-One CC to Sri Poodattu Amarender, Advocate [OPUC] '

#6. CCs to GP for Services-ll, High Court of Andhra Pradesh. [OUT]

#7. Three CD Copies. I HIGH COURT DATED:07/05/2025 ORDER WP.No.12608 of 2025 I 2 8 MAY 2025 ' ^ . Curreni decuun DISPOSING OF THE W.P. AT THE STAGE OF ADMISSION WITHOUT COSTS