Andhra Pradesh High Court

WP/9426/2026 of Thota Eswar Kumar, Vs The State of Andhra Pradesh, on 22 April 2026

Cites 0, Cited by 0

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3208] THURSDAY, THE TWENTY THIRD DAY OF APRIL TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 9426/2026 Between: 1. THOTA ESWAR KUMAR,, S/O THOTA SATYANARAYANA,

APHC010163982026

IN THE HIGH COURT OF ANDHRA

PRADESH

AT AMARAVATI

(Special Original Jurisdiction)

THURSDAY,THE TWENTY THIRD DAY OF APRIL

TWO THOUSAND AND TWENTY SIX

PRESENT

THE HONOURABLE SRI JUSTICE D RAMESH

WRIT PETITION NO: 9426/2026

Between:

1. THOTA

ESWAR

KUMAR,,

S/O

THOTA

SATYANARAYANA, AGED ABOUT 28 YEARS, OCC

WARD AMENITIES SECRETARY (GRADE-II), R/O D.NO.3- 206, BRAMAMGARI TEMPLE STREET, PORANKI, PENAMALURU MANDAL, KRISHNA DISTRICT - 521137

...PETITIONER

AND

1. THE STATE OF ANDHRA PRADESH, REP. BY ITS

PRINCIPAL

SECRETARY,

MUNICIPAL

ADMINISTRATION AND URBAN DEVELOPMENT

DEPARTMENT,

SECRETARIAT,

VELAGAPUDI,

AMARAVATI, GUNTUR DISTRICT, ANDHRA PRADESH-

522238.

2. THE DIRECTOR OF GSWS DEPARTMENT, NIRMAN

BHAVAN, APIIC COLONY, AUTONAGAR, VIJAYAWADA,

3. THE COMMISSIONER AND DIRECTOR OF MUNICIPAL

ADMINISTRATION, STATE OF ANDHRA PRADESH, VADDESWARAM, MANGALAGIRI, GUNTUR DISTRICT,

ANDHRA PRADESH 522503.

4. THE VIJAYAWADA MUNICIPAL CORPORATION, REP. BY

ITS COMMISSIONER NTR DISTRICT, JAWAHARLAL

NEHRU BUILDING, VIJAYAWADA, ANDHRA PRADESH -

520001.

5. THE COLLECTOR AND DISTRICT MAGISTRATE, NTR

DISTRICT, NEAR PWD GROUNDS, VIJAYAWADA,

ANDHRA PRADESH - 520002.

6. THE

COLLECTOR

AND

DISTRICT

MAGISTRATE,

KRISHNA

DISTRICT,

CHILAKALAPUDI,

MACHILIPATNAM, ANDHRA PRADESH - 521002.

7. THE

ENGINEERINCHIEF,

PUBLIC

HEALTH

AND

MUNCIPAL ENGINEERING DEPARTMENT, RAYAPUDI, AMARAVATI, ANDHRA PRADES- 522237.

8. THE

REGIONAL

DIRECTOR

OF

MUNICIPAL

ADMINISTRATION AND CHAIRMAN, REGIONAL LEVEL

COMMITTEE,

RAJAMAHENDRAVARAM,

ANDHRA

PRADESH.

9. THE SUPERINTENDING ENGINEER PUBLIC HEALTH, PUBLIC HEALTH CIRCLE, RAJAMAHENDRAVARAM,

...RESPONDENT(S):

Counsel for the Petitioner:

1. M SHANMUKHA TEJA

Counsel for the Respondent(S):

1. GP FOR SERVICES I

2. S.V.S.S.SIVARAM SC For VMC

The Court made the following:

THE HONOURABLE SRI JUSTICE D.RAMESH

WRIT PETITION No.9426 of 2026

Citations and Judicial Treatment

No citing decisions in the index yet

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…

ORDER:

The present writ petition is filed seeking the following relief: “….to issue a Writ of Mandamus or any other appropriate Writ, Order or Direction, declaring the action of the Respondents in not considering the petitioner's case for promotion/delegation to the post of Municipal Assistant Engineer (MAE) in the existing vacancies in Vijayawada Municipal Corporation, vide Rc.C4-119704/2025, E.No. 95825 Dt. 13.03.2026 despite he is eligible for promotion as per the Tentative Seniority List, and rejecting his case solely on the ground of pendency of C.C./ACB Case No. 04/RCT- ACB-VJA/2024, as illegal, arbitrary, discriminatory, and violative of Articles 14 and 16 of the Constitution of India and contrary to G.O.Ms.No. 257, G.A. (Ser.C) Dept., dated 10.06.1999, and consequently direct the Respondents to consider the petitioner for promotion/delegation to the post of Municipal Assistant Engineer in accordance with law….”

2. Heard learned counsel for the petitioner and learned Standing Counsel for Vijayawada Municipal Corporation appearing for respondent No.4.

3. A case in Crime No.04/RCT-ACB-VJA/2024, dated 18.03.2024, was registered against the petitioner for the offence under Section 7(a) of the Prevention of Corruption (Amendment) Act, 2018. Pursuant to the same, he was placed under suspension and subsequently, reinstated into service.

4. The grievance of the petitioner is that the respondents are considering for promotions to the post of Municipal Assistant Engineer and he is not being considered for promotion on account of the above mentioned criminal case. The petitioner also made a representation dated 20.12.2025 to the 4th respondent requesting that his seniority be protected and his case be considered for promotion in accordance with the rules.

5. Learned counsel for the petitioner submitted that since the criminal case is pending, the petitioners’ case is not considered for promotion. He further placed reliance on G.O.Ms.No.257, General Administration (Ser.C) Department, dated 10.06.1999 to substantiate the petitioner’s case for consideration in terms thereof.

6. Considering the submissions, this Court is of the opinion that the case of the petitioner for promotion to the post of

Municipal Assistant Engineer in Vijayawada Municipal Corporation can be considered in terms of G.O.Ms.No.257, dated 10.06.1999.

7. Accordingly, the Writ Petition is disposed of directing the respondents to consider the petitioner’s case for promotion to the post of Municipal Assistant Engineer in Vijayawada Municipal Corporation, subject to the petitioner possessing requisite qualifications in terms of G.O.Ms.No.257, General Administration (Ser.C) Department, dated 10.06.1999. There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. _______________________ JUSTICE D.RAMESH

Date: 23.04.2026 Ivd

THE HONOURABLE SRI JUSTICE D.RAMESH

WRIT PETITION No.9426 of 2026

Dated: 23.04.2026

Ivd

You have used today's free searches. Sign in, for free, to keep searching without a limit.

Compass reads the judgments for you and finds the paragraphs for and against your question. Sign in to use it.

My Vault follows judgments for you and records every later decision that cites them. Sign in to keep one.

Sign in to download the court's PDF. The full text stays free to read here.

Sign in, for free, to download the court copy. Reading the full text here stays open to everyone.

Search and read Indian judgments without limits, save them to My Vault and find the relevant paragraphs with Compass.

Open the sign-in page instead