1. It is the case of the petitioner that he was appointed as Junior Assistant in the year 2015 on compassionate grounds and he was discharging duties with utmost satisfaction and without any blemish.

2. It is further stated that the 1st respondent initiated common departmental proceedings against the petitioner and 27 others and in pursuance thereof a charge memo vide G.O.Rt.No.896 Municipal Administration & Urban Development (VIG.I) Department dated 29.08.2025 was issued against the petitioner, alleging that while he was working as Junior Assistant A-2 clerk in Peddapuram Municipality, he has committed certain irregularities and failed to maintain registers. It is further case of the petitioner that he has submitted explanation dated 10.11.2025 to the charge memo denying the charges leveled against him and requested to drop further action against him.

3. It is further case of the petitioner that the post of Senior Assistant is a non selection post and the respondents has to consider the case of the petitioner for promotion as per Rule 5(b) (i) of AP State and Subordinate Service Rules, 1996. It is further stated that in view of pendency of charges against the petitioner, his case was not considered for promotion to the post of Senior Assistant, which is a non selection post.

4. Learned counsel for the petitioner would further submit that despite the issuance of G.O.Ms.No.679 General Administration (Services-C) Department, dated 01.11.2008 and G.O.Ms.No.91 General Administration (Services-C) Department, dated 12.09.2022 fixing timelines to complete the inquiry within six months in complicated and three months in simple cases respectively, the inquiry is not completed by the respondents.

5. Learned Assistant Government Pleader for Services would submit that the respondent authorities will conclude the inquiry in terms of G.O.Ms.No.91 General Administration (Ser.C) Department, dated 12.09.2022.

6. In W.A.No.550 of 2022, the Division Bench of this Court observed as follows:-

                  “7. In the Division Bench judgment in State of Andhra Pradesh rep., by its Secretary, Home Department vs. Motupalli Narasimha Raju, Writ Petition No.3099 of 2017, dated 27.08.2021, a Coordinate Bench has held that the post of Head Constable is a non-selection post for the purposes of promotion and therefore, in view of Rule 5(b)(i) of the Andhra Pradesh State and Subordinate Service Rules, 1996, the promotion can be deferred only upon imposition of penalty and not otherwise. It has also been held that the additional embargo, if any created under a G.O., which is not issued in exercise of powers under Article 309 of the Constitution of India, would not override Rule 5(b)(i) of the Rules, which clearly states that promotion to a non-selection post may be denied only if the incumbent is subjected to a penalty and not otherwise. Thus, neither G.O.Ms.No.424, General Administration (Services.C) Department, dated 25.05.1976 nor G.O.Ms.No.66, General Administration (Services.C) Department, dated 30.01.1991 would come in the way of the writ petitioner to claim relief of promotion as has been held by the learned single Judge…”

7. In the present case, it is the case of the petitioner that though the charge memo was issued on 29.08.2025, for the reasons best known to the respondents, they have not completed the enquiry and he would further submit that the petitioner shall not penalized for not concluding the enquiry against him and his case has to be considered for promotion to the post of Senior Assistant. On the other hand, the learned Assistant Government Pleader for Services-I, does not dispute the legal position and the judgment relied on by the learned counsel for petitioner.

8. Having regard to the submissions made by the learned counsel for the petitioner and the respondents, the present writ petition is disposed of, at the stage of admission with the consent of both the counsel directing the respondent authorities to consider the case of the petitioner for promotion to the post of Senior Assistant as per Rule 5(b)(i) of Andhra Pradesh State and Subordinate Service Rules, 1996, if the petitioner is in zone of consideration.

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