APHC010193562023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] MONDAY,THE SIXTH DAY OF APRIL TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 9991/2023 Between: 1. P V S MALLIKARJUNA RAO, S/O P.L.NARAYANA (LATE), AGED 60 YEARS, OCC. COMPUTER OPERATOR (NMR), 0/0 EXECUTIVE ENGINEER, TRIBAL WELFARE DIVISION, SRISAILAM, NANDYAL DISTRICT ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, TRIBAL WELFARE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS SPECIAL CHIEF SECRETARY, FINANCE (HR.IV-FR ANDLR) DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 3. THE ENGINEERINCHIEF, TRIBAL WELFARE DEPARTMENT, VIJAYAWADA, N.T.R DISTRICT. 4. THE EXOFFICIO SUPERINTENDING ENGINEER, TRIBAL WELFARE, NELLORE, SPSR NELLORE DISTRICT. 5. THE EXECUTIVE ENGINEER, TRIBAL WELFARE DIVISION, SRISAILAM. ...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 2 pleased topleased to issue a Writ order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents herein in relieving the petitioner from duty w.e.f 30-04-2023 on attaining age of superannuation of 60 years vide Office Notice No .A1/ W. C. ESTT/ 2023, dated 01-04-2023, as highly illegal, arbitrary and contrary to the law and consequential the Hon'ble court may pleased to declare that the petitioner is entitled to continue in service upto the age of 62 years by set asiding Office Notice No.A1/W.C.ESTT/2023, dated 01-04-2023, and may pass IA NO: 1 OF 2023 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 herein to continue the petitioner in service as computer operator (NMR) by suspending the Office Notice No.A1/W.C.ESTT/2023, dated 01-04-2023„ pending disposal of the writ petition and pass IA NO: 2 OF 2023 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 vacate the interim order dt. 24-04-2023 in 9991 of 2023 and dismiss the Writ petition and pass Counsel for the Petitioner: 1. EATHAKOTA VENKATA RAO Counsel for the Respondent(S): 1. GP FOR SERVICES II The Court made the following: 3 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO.9991/2023 ORDER:- This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs:- “to issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents herein in relieving the petitioner from duty w.e.f. 30.04.2023 on attaining age of superannuation of 60 years vide Office Notice No.A1/W.C.ESTT/ 2023, dated 01.04.2023 as highly illegal, arbitrary and contrary to the law and consequential the Hon’ble Court may pleased to declare that the petitioner is entitled to continue in service up to the age of 62 years by setting aside Office Notice No.A1/W.C.ESTT/2023 dated 01.04.2023 and may pass such other order or orders….” 2. Heard learned counsel for the petitioner and learned counsel for the respondents. 3. Considering the submissions made by both the learned counsel, on 24.04.2023, this Court was pleased to pass an interim order, which reads as follows: “Therefore, there shall be an interim suspension of the Office Notice No.A1/W.C.ESTT/2023, dated 01.04.2023, and the respondents are directed to continue the service of the petitioner till he attains the age of superannuation of 62 years, pending writ petition.” 4. Despite the above said directions, the respondents did not incline to continue the services of petitioner and relieved the petitioner from services on 30.04.2023. In the said circumstances, the petitioner is entitled for the salary 4 as per the observations of the Division Bench of this Court in W.A.No.381 of 2020 and batch dated 01.04.2021 at paragraph No.44 which reads as follows: “Before parting with the records, we would like to dwell upon another aspect, which cannot be brushed aside. Despite the interim orders passed by this Court allowing the petitioners to continue in service, in gross violation of such interim orders, they have been retired during the subsistence of the interim orders. The action of the University is condemnable and such action is antithesis to rule of law. The appellants have taken law into their own hands and such action is not expected, least of all from an academic institution. This Court cannot remain a mute spectator to such flagrant violation of orders of the Court. In the facts and circumstances of the case, as the petitioners were directed to be continued in service by the interim orders, we direct the appellants to pay salary and emoluments to the writ petitioners from the date when such pay and emoluments were stopped till the date of this judgment within a period of two months from today.” 5. The contention of the petitioner is that in identical circumstances, the Division Bench of this Court has allowed the salaries to be paid to the petitioner in view of the interim orders granted in favour of the petitioner. 6. Learned counsel for the respondents submitted that immediately after the interim orders, the respondents have filed their counter and vacate stay petition stating that since the petitioner is a NMR employee, he is not entitled for the benefit under G.O.Ms.No.15, dated 31.10.2022. Therefore, the petitioner is also not entitled to continue. 7. Considering the above said submissions and on perusal of the orders of this court and also the interim orders, the fact remains that even though this Court has considered and passed the interim orders on 24.04.2023, the respondents did not continue the petitioner. In the said circumstances by 5 taking the observations made by the Division Bench in paragraph no.44 in Writ Appeal No.381 of 2020 and batch, the respondents are directed to consider and release the salary of the petitioner from the date of interim order till the date of retirement. The exercise shall be completed within a period of three (03) months from the date of receipt of a copy of this order. 8. Accordingly, the Writ Petition is disposed of. No costs. As a sequel, miscellaneous applications pending, if any, shall also stand closed. ________________________________ VENKATESWARLU NIMMAGADDA, J Date:06.04.2026 BSP 6 68 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO:9991/2023 Date:06.04.2026 BSP