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2025 DAILYLAW 19463 (AP)

THE INDIAN FEDERATION OF PORT AND DOCK WORKERS, VISAKHAPATNA v. MINISTRY OF SURFACE TRANSPORT, AND 3 OTHERS

WP/7354/2005 · 2025-07-03

Ravi Cheemalapati

body2025

Judgment text

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APHC010272642005 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) FRIDAY, TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 7354/2005 Between: 1. THE INDIAN FEDERATION OF PORT AND DOCK WORKERS, VISAKHAPATNA, VISAKHAPATNAM PORT PENSIONERS WELFARE ASSOCIATION, RETIRED EMPLOYEE IN VISAKIHAPATNAM POWRT TRUST, K.PRABHAKAR RAO, S/O. K. SAMBA MURTHY, REGD.NO. 5/615/2001, REP. BY ITS GENERAL SE 1. MINISTRY OF SURFACE TRANSPORT AND 3 OTHERS, REP. BY ITS SECRETARY TO GOVT OF INDIA, MINISTRY OF SURFACE TRANSPORT LABOUR DIVISION, NEW DELHI. 2. CHAIRMAN VISAKHAPATNAM PORT TRUST, VISAKHAPATNAM. 3. THE FINANCIAL ADVISOR CHIEF ACCOUNTS OFFICER, VISAKHAPATNAM PORT TRUST, ACCOUNTS DEPARTMENT, VISAKHAPATNAM. 4. THE DEPUTY CHAIRMAN, DOCK LABOUR BOARD, VISAKHAPATNAM. 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 toIssue of Writ Order or direction more particualrly a writ in the nature of Mandamus under article 226 of Constitution of India declaring that the impugned order dt. 8.12.2004 issued by the 1st respondent in rejecting the IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY, THE FOURTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 7354/2005 THE INDIAN FEDERATION OF PORT AND DOCK WORKERS, VISAKHAPATNA, VISAKHAPATNAM PORT PENSIONERS WELFARE ASSOCIATION, RETIRED EMPLOYEE IN VISAKIHAPATNAM POWRT TRUST, K.PRABHAKAR RAO, S/O. K. SAMBA MURTHY, REGD.NO. 5/615/2001, REP. BY ITS GENERAL SECRETARY, ...PETITIONER AND MINISTRY OF SURFACE TRANSPORT AND 3 OTHERS, REP. BY ITS SECRETARY TO GOVT OF INDIA, MINISTRY OF SURFACE TRANSPORT LABOUR DIVISION, NEW DELHI. CHAIRMAN VISAKHAPATNAM PORT TRUST, VISAKHAPATNAM. ADVISOR CHIEF ACCOUNTS OFFICER, VISAKHAPATNAM PORT TRUST, ACCOUNTS DEPARTMENT, THE DEPUTY CHAIRMAN, DOCK LABOUR BOARD, ...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 toIssue of Writ Order or direction more particualrly a writ in the nature icle 226 of Constitution of India declaring that the impugned order dt. 8.12.2004 issued by the 1st respondent in rejecting the IN THE HIGH COURT OF ANDHRA PRADESH [3332] THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI THE INDIAN FEDERATION OF PORT AND DOCK WORKERS, VISAKHAPATNA, VISAKHAPATNAM PORT PENSIONERS WELFARE ASSOCIATION, RETIRED EMPLOYEE IN VISAKIHAPATNAM POWRT TRUST, K.PRABHAKAR RAO, S/O. K. SAMBA MURTHY, REGD.NO. ...PETITIONER MINISTRY OF SURFACE TRANSPORT AND 3 OTHERS, REP. BY ITS SECRETARY TO GOVT OF INDIA, MINISTRY OF SURFACE CHAIRMAN VISAKHAPATNAM PORT TRUST, VISAKHAPATNAM. ADVISOR CHIEF ACCOUNTS OFFICER, VISAKHAPATNAM PORT TRUST, ACCOUNTS DEPARTMENT, THE DEPUTY CHAIRMAN, DOCK LABOUR BOARD, ...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 toIssue of Writ Order or direction more particualrly a writ in the nature icle 226 of Constitution of India declaring that the impugned order dt. 8.12.2004 issued by the 1st respondent in rejecting the calim and demands of the petitioner union as illegal, arbitrary, imporoper, unjust and violative of Article 14 and 16 of the Constitution of India and consequently declare the action of the 1st respondent herein not converting them point system into percentage system not even rectifying drop in pension as directed by the Hon'ble Coaurt in W.P. 17291 of 2004 is illegal, improper and arbitrary and oconsequently to modify the discrepancy that occurred in fixation of pension of class I and II officers are entitled arrears of personal pension, and pass such other order or orders as may deem fit and proper in the circumstances of the case. IA NO: 1 OF 2005(WPMP 9804 OF 2005 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 suspend the impugned order dt. 8.12.2004, and direct the 1st respondent herein to pay personal pension, pending disposal of the W.P. and to pass such other order or orders. IA NO: 1 OF 2006(WPMP 5788 OF 2006 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 to order the above petition and permitting the petitioner to change the cause title in the main writ petition and proceed with the case and pass such other order or orders as may deem fit and proper in the circumstances of the case. IA NO: 2 OF 2006(WPMP 17397 OF 2006 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 IA NO: 1 OF 2010(WPMP 100253 OF 2010 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 IA NO: 1 OF 2015(WPMP 113066 OF 2015 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 Counsel for the Petitioner: 1. A PADMA Counsel for the Respondent(S): 1. P V RAGHU RAM 2. P DEVENDER 3. DEPUTY SOLICITOR GENERAL OF INDIA 4. P SRI RAM 5. P SRI RAGHU RAM The Court made the following order: Sri Kesavi Kumari Nemala, learned counsel, representing Smt Akella Padma, learned counsel for the petitioner, submits that the Writ Petition has become infructuous. Recording the said submission, the Writ Petition is dismissed as infrucutous. There shall be no order as to costs. As a sequel, all the pending miscellaneous applications are closed. ___________________________ JUSTICE RAVI CHEEMALAPATI Date: 04.07.2025 MP 115 THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO:7354 of 2005 Date: 04.07.2025 MP