P Vishala vs State Of Andhra Pradesh
2021 Latest Caselaw 1069 AP

     THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY

                  WRIT PETITION No.4432 of 2021
ORDER:

This Writ Petition is filed under Article 226 of the

Constitution of India for the following relief:

"...to issue an appropriate Writ, Order or Direction, more

particularly one in the nature of Writ of Mandamus, declaring

the action of the respondents in not considering petitioner's

case for promotion to the post of Junior Assistant on the

ground of pendency of surprise check proceedings in

S.C.No.01/SC-ACB/VZM/2020 (RADIO MESSAGE DATED

11.01.2020) and thereby denying promotion though the

petitioner is not under currency of any disciplinary or

criminal proceedings as being arbitrary, illegal, contrary to

the orders issued in G.O.Ms.No.66 dated 30.01.1991 and

judgments rendered in this regard including the orders

passed by this Hon'ble Court in W.P.No.3315 of 2019 dated

23.01.2020 and W.P.No.24436 of 2020 dated 19.09.2021 and

in violation of Articles 14 and 16 of the Constitution of India

and further be pleased to hold that the petitioner is entitled

to have her case considered and be promoted as Junior

Assistant on the basis of placement assigned to her in the

seniority list with benefits incidental thereto without

reference to the pendency of surprise check proceedings in

S.C.No. 01/SC-ACB/VZM/2020 (RADIO MESSAGE DATED

11.01.2020) on the analogy of Orders passed in similar cases

in the interest of justice and to pass such other order or

orders ..."

2. Learned counsel for petitioner states that the subject

matter of the writ petiton is squarely covered by the order

dated 19.01.2021 passed in WP No.24436 of 2020 by this

Court.

3. Learned Government Pleader of Service-I did not refute

the said submission.

4. Having regard to the facts and circumstances of the

case and considering the submissions, the present Writ

Petition is being allowed directing the respondents to consider

the candidature of this petitioner for being promoted to the

next higher cadre, in terms of G.O.NO.66 GAD (Services-C)

dated 30.01.1991, subject to fulfillment of eligibility criteria.

5. With the above direction, this Writ Petition is allowed in

terms of the order dated 19.01.2021 passed in WP No.24436

of 2020 by this Court. No costs. Registry to attach a copy of

the order in W.P.No.24436 of 2020 to this order.

Miscellaneous petitions pending if any, shall stand

closed.

_____________________________________ JUSTICE M.SATYANARAYANA MURTHY Dated: 23.02.2021 B/o.

IS

HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY

Writ Petition No.4432 of 2021

23.02.2021

IS