Andhra Pradesh High Court
WP/10023/2025 of GODAVARI GOPAL Vs THE STATE OF AP on 17 June 2026
HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] THURSDAY, THE EIGHTEENTH DAY OF JUNE TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 10023/2025 Between: 1. GODAVARI GOPAL, S/O. SUBBA RAO AGED ABOUT 59 YEARS, OCC
APHC010200512025
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI
(Special Original Jurisdiction)
THURSDAY,THE EIGHTEENTH DAY OF JUNE
TWO THOUSAND AND TWENTY SIX
PRESENT
THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY
WRIT PETITION NO: 10023/2025
Between:
1. GODAVARI GOPAL, S/O. SUBBA RAO AGED ABOUT 59 YEARS, OCC EXECUTIVE ENGINEER, WORKING AT QUALITY
CONTROL DIVISION, WATER RESOURCES DEPARTMENT
VIJAYAWADA , NTR DISTRICT, A.P.
...PETITIONER
AND
1. THE STATE OF AP, REP., BY ITS PRINCIPAL SECRETARY, WATER
RESOURCES
(SERVICES-LL)
DEPARTMENT,
SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT.
2. THE
ENGINEERINCHIEF
ADMN,
WATER
RESOURCES
DEPARTMENT,
GOVERNMENT
ANDHRA
PRADESH,
VIJAYAWADA NTR DISTRICT.
...RESPONDENT(S):
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 toplease to issue a writ order or direction more particularly one in the nature of Writ of Mandamus, A.declaring the action of the Respondents in not considering the case of the Petitioner for promotion to the post of Superintending Engineer on the ground of pendency of stay orders, vide Memo No.RC/ENC/ B2/ WP4121 /2025, dated 04.04.2025, while simultaneously granting ad hoc promotions to
others in the year 2025, as illegal, arbitrary, discriminatory, and violative of Articles 14 and 16 of the Constitution of India, and setting aside the Memo No.RC/ENC/ B2/WP4121 /2025, dated 04.04.2025, B.Declaring that the Petitioner is entitled for adhoc promotion to the post of Superintending Engineer on par with the other colleague officers, strictly in accordance with the directions issued under G.O.Ms. No. 257, G.A.D., dated 10.06.1999, without reference to the pendency of the disciplinary proceedings C.Pass such other or further order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case. and to pass IA 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 pleased to direct the Respondents to consider the case of the Petitioner for Adhoc promotion to the post of Superintending Engineer strictly in accordance with the directions issued under G.O.Ms. No. 257, G.A.D., dated 10.06.1999, without reference to the pendency of the disciplinary proceedings; by suspending the Memo No.RC/ENC/ B2/
WP4121 /2025, dated 04.04.2025, pending W.P. and pass such other or further order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case, pending disposal of the above writ petition and to pass Counsel for the Petitioner:
1. BHASKAR PREM KOUSHIK
Counsel for the Respondent(S):
1. GP FOR SERVICES II
The Court made the following:
WRIT PETITION No.10023 of 2025
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
ORDER:
1. The present Writ Petition is filed to declare the action of the Respondents in not promoting the Petitioner to the post of Superintending Engineer on account of pendency of departmental enquiry, which arose out of the charge memo issued vide G.O.Rt.No.483 (Water (Vlg.II(V&E)A.2) Department), dated 28.10.2019, as illegal and arbitrary.
2. The Petitioner was working as Executive Engineer (I/C) in the office of Quality Control Division, Water Resources Department, Vijayawada. It is stated that now he is eligible and qualified for ad-hoc promotion to the post of Superintending Engineer. While so, a Charge Memo was issued to the Petitioner vide G.O.Rt.No.483 (Water (Vlg.II(V&E)A.2) Department), dated 28.10.2019 alleging that the Petitioner did not take any action against the encroachers who constructed a wall across the river course in violation of River Conservation Act.
3. It is stated that after serving the above charge memo, the Petitioner submitted statement of defence refuting the aforesaid charge and enquiry is stated to be pending. While so, the ad-hoc promotions for the post of Superintending Engineer is being considered and the apprehension of the Petitioner is that his case would not be considered for promotion in view of the pendency of the disciplinary enquiry. It was in that context, the present Writ Petition was filed.
4. Having heard the respective submissions, this Court is of the opinion that the case of the Petitioner for the post of Superintending Engineer can be considered for promotion in terms of G.O.Ms.No.257, dated 10.06.1999.
5. The Writ Petition is disposed of, with the following directions:- i) The Respondents are directed to consider the Petitioner’s case for ad-hoc promotion to the Post of Superintending Engineer, subject to the Petitioner possessing requisite qualifications in terms of G.O.Ms.No.257, General Administration (Ser.C) Department, dated 10.06.1999. ii) There shall be no order as to costs. As a sequel, miscellaneous petitions, pending if any, shall stand closed. ________________________ JUSTICE NYAPATHY VIJAY
Date: 18.06.2026 chs
WRIT PETITION No.10023 of 2025 Dated: 18.06.2026
chs