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2025 DAILYLAW 17885 (AP)

B SOMAIAH v. THE STATE OF ANDHRA PRADESH

WP(AT)/443/2021 · 2025-07-01

B S Bhanumathi

body2025

Judgment text

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APHC010246152021 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) Wednesday, the second day of July, Two Thousand and Twenty Five The Honourable Ms.Justice B.S.Bhanumathi Writ Petition transferred from A Between: 1.B.Somaiah, son of Venkata Subbaiah, aged 53 years, working as Panchayat Secretary, Pedapaipaka, Pen District. and 1.The State of Andhra Pradesh, represented by its Principal Secretary, Panchayat Raj and Rural Department, Secretariat Buildings Velagapudi, Guntur District. 2.The Commissioner of Panchayat Raj and Rural Development, Sri Charitasri Buildings, Door No.29 Vijayawada-520 002. 3.The District Collector, Panchayat Raj Wing, Krishna District at Machalipatnam. 4.The District Panchayat Officer, Krishna District at Machalipatnam. 5.The Commissioner of Sericulture, State of A.P., Marketing Yard, Guntur. IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) Wednesday, the second day of July, Two Thousand and Twenty Five Present The Honourable Ms.Justice B.S.Bhanumathi Writ Petition transferred from A.P.(A.T.) No.443 of 2021 (O.A. No.4273 of 2016) 1.B.Somaiah, son of Venkata Subbaiah, aged 53 years, working as Panchayat Secretary, Pedapaipaka, Penamaluru Mandal, Krishna District. …Petitioner 1.The State of Andhra Pradesh, represented by its Principal Secretary, Panchayat Raj and Rural Department, Secretariat Buildings, , Guntur District. 2.The Commissioner of Panchayat Raj and Rural Development, Sri Charitasri Buildings, Door No.29-6-8/1, Nikka Road, Suryaraopet, 3.The District Collector, Panchayat Raj Wing, Krishna District at District Panchayat Officer, Krishna District at Machalipatnam. 5.The Commissioner of Sericulture, State of A.P., Marketing Yard, ...Respondents [3311] Wednesday, the second day of July, Two Thousand and Twenty Five 2021 1.B.Somaiah, son of Venkata Subbaiah, aged 53 years, working as , Krishna Petitioner 1.The State of Andhra Pradesh, represented by its Principal Secretary, 2.The Commissioner of Panchayat Raj and Rural Development, Sri 8/1, Nikka Road, Suryaraopet, 3.The District Collector, Panchayat Raj Wing, Krishna District at District Panchayat Officer, Krishna District at Machalipatnam. 5.The Commissioner of Sericulture, State of A.P., Marketing Yard, Respondents 2 BSB,J W.P.(A.T.) No.443 of 2021 Counsel for the petitioner: 1. M.Srikanth Counsel for the respondents: 1. Government Pleader for Services-IV The Court made the following: ORDER: The writ petition is filed under Article 226 of the Constitution of India seeking the following relief: “…to declare para 5(i) of G.O.Ms.No.59, dated 27-9-16 as illegal, arbitrary, unconstitutional and violative of Article 14 and 16 of the Constitution of India and set aside the same with a consequential direction to the respondents to absorb the applicant as Panchayat Secretary from the date of his appointment by transfer as Panchayat Secretary with all consequential benefits and promotions and pass such other order or orders..” 02. The petition was originally filed before the A.P. Administrative Tribunal vide O.A.No.4273 of 2016. It was re-numbered as W.P.(A.T.) No.443 of 2021 on its transfer to this High Court. 03. The learned counsel for the petitioner submitted that after filing this petition before the A.P. Administrative Tribunal, but, before it was transferred to this Court, since the respondent authorities passed order dated 26.12.2019 rejecting the request of the petitioner for absorption from the date of his joining in Panchayat Raj Department, a separate Writ Petition No.1372 of 2020 was filed before this High Court and the 3 BSB,J W.P.(A.T.) No.443 of 2021 said writ petition was allowed on 10.04.2025 and therefore the relief in the present petition has become infructuous. 04. Accordingly, the writ petition is dismissed as infructuous. There shall be no order as to costs. Pending miscellaneous applications, if any, shall stand closed. ________________________ JUSTICE B.S.BHANUMATHI Date: 02.07.2025 GRL 4 BSB,J W.P.(A.T.) No.443 of 2021 111 HON’BLE Ms. JUSTICE B.S.BHANUMATHI Writ Petition transferred from APAT No: 443 of 2021 Date: 02.07.2025 GRL 5 BSB,J W.P.(A.T.) No.443 of 2021