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High Court of Andhra Pradesh · body

2025 DAILYLAW 24192 (AP)

Y NAVEEN KUMAR REDDY v. The State of Andhra Pradesh

WP/17128/2025 · 2025-07-08

Challa Gunaranjan

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010341422025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE NINTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN ' . X'' WRIT PETITION NO: 17128 OF 2025 Between: Y Naveen Kumar Reddy, S/o. Y. Chandrasekhar Reddy, Aged 29 years. Manager Engineering (Mechanical), O/o the APIIC, Mangalagiri, R/o S.F. 7, Block No. B 30, AP TIDCO Houses, Mangalagiri, Guntur District. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary Industries and Commerce Department, Secretariat, Velagapudi, Guntur District. 2. Andhra Pradesh Industrial Infrastructure Corporation Limited, Rep. by its Vice Chairman and Managing Director, Head Office ll Park, Tower-I, 10*'" Floor, Autonagar, Mangalagiri, Guntur District. ...Respondents 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 to issue a Writ of Mandamus or any other appropriate Writ declaring the action on the part of the respondents in not renewing the term of appointment as Manager Engineering (Mechanical) while extending the te of other identically situated contractual appointees and not paying the remuneration from May 2025 as illegal, arbitrary and discriminatory being violative of Articles 14 and 16 of the Constitution of India and the orders rm 0^ issued by the Government in G.O.Rt.No.1614, Fin. (HR-I) Pig. AND Policy) Dept, Dt.29.04.2025 with a consequential prayer to renew and extend the term of appointment on contract basis as is being done in respect of other similarly situated persons working on contract basis in the 2^^ respondent Corporation lA NO: 1 OF 2025 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 direct the respondents to continue the services of the petitioner by extending the benefits as conferred vide G.O.Rt.No.1614, Fin. (HR-I) Pig. (HR-I) Pig. & Policy) Dept., Dt.29.04.2025, pending disposal of the Writ Petition Counsel for the Petitioner: SRI V MAHESWAR REDDY Counsel for the Respondent No.1: GP FOR SERVICES I Counsel for the Respondent No.2: M/S. B SANTHI CHANDRA The Court made the following order: «% APHC01034142202S IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3506] WEDNESDAY,THE NINTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 17128/2025 Between: 1.Y NAVEEN KUMAR REDDY, S/0. Y. CHANDRASEKHAR REDDY, AGED 29 YEARS. MANAGER ENGINEERING (MECHANICAL), 0/0 THE APIIC, MANGALAGIRI, R/0 S.F. 7, BLOCK NO.B 30, AP TIDCO HOUSES, MANGALAGIRI, GUNTUR DISTRICT. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY INDUSTRIES AND COMMERCE DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 2.ANDHRA PRADESH INDUSTRIAL INFRASTRUCTURE CORPORATION LIMITED, REP. BY ITS VICE CHAIRMAN AND MANAGING DIRECTOR, HEAD OFFICE IT PARK, TOWER-I, 10TH FLOOR, AUTONAGAR, MANGALAGIRI, GUNTUR DISTRICT. ...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 topleased to issue a Writ of Mandamus or any other appropriate Writ declaring the action on the part of the 2 HCGR.J W.P.No.l7128of 2025 respondents in not renewing the term of appointment as Manager Engineering (Mechanical) while extending the term of other identically situated contractual appointees and not paying the remuneration from May 2025 as illegal, arbitrary and discriminatory being violative of Articles 14 and 16 of the Constitution of India and the orders issued by the Government in G.O.Rt.No.1614, Fin. (HR-I) Pig. AND Policy) Dept, Dt.29.04.2025 with a consequential prayer to renew and extend the term of appointment on contract basis as is being done in respect of other similarly situated persons working on contract basis in the 2ND respondent Corporation and to pass lA NO: 1 OF 2025 Petition under Section 151 CPC circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to direct the respondents to continue the services of the petitioner by extending the benefits as conferred vide G.O.Rt.No.1614, Fin. (HR-1) Pig. (HR-1) Pig. & Policy) Dept., Dt.29.04.2025, pending disposal of the Writ Petition and pass Counsel for the Petitioner: praying that in the 1.VMAHESWAR REDDY Counsel for the Respondent(S): 1.GP FOR SERVICES I 3 HCGR,J W.P.No.l7128of2025 / The Court made the following Order: Petitioner has been appointed as Manager Engineering (Mechanical) pursuant to the notification dated 08.02.2024, issued by the 2^^ respondent. The appointment was made by proceedings dated 19.02.2024, which is for a period of one year and subject to extension for a further period of two years to be at the discretion of the 2^^^ respondent-corporation and subject to satisfactory discharge of functions. Petitioner was terminated from service by proceedings dated 04.07.2024 abruptly, the same came to be questioned in W.P.No.14487 of 2024. By interim order dated 10.07.2024, the termination proceedings came to be suspended. Thereafter, the 2'^'^ respondent issued proceedings reinstating 2. the petitioner back to service and now, petitioner has completed the initial tenure of one year. Therefore, he made representation dated 27.01.2025 asking for renewal for further period of two years, as per the terms of initial appointment. The said request is stated to be pending. The 2'''^ respondent has issued proceedings dated 17.04.2025, by which the services of all contractual employees working in Head Office and Zonal Office came to be extended upto 31.03.2026. 3. Heard Sri V.Maheswar Reddy, learned counsel for the petitioner, learned Assistant Government Pleader for Services-I for 1 HCGRJ W.P.No.l7128of2025 respondent No.1 and Santhi Chandra, learned Standing Counsel for respondent No.2. Learned counsel for the petitioner by referring to 4. G.O.R.No.1614, Finance (HR.I-PLG.&Policy) Department, dated 29.04.2025 and also proceedings dated 17.04.2025, issued by the 2"^ respondent, submits that the services of all contractual employees came to be extended upto 31.03.2026, the case of petitioner for extension needs to be considered accordingly. He also stated that as against thirty two contractual employees working in the 2'"^ respondent, majority of them already extended the tenure. However, no decision has been taken with respect to the petitioner and now, he is prevented from attending to duties. Santhi Chandra, learned Standing Counsel for respondent 5. No.2, has placed on record written instructions, inter alia, submitted that initial appointment letter itself is for a period of one year and it is the discretion of the Corporation to consider further extension based on the performance of the candidates. Therefore, the petitioner as a matter of right cannot claim for extension of contractual period. No doubt, the contractual appointments are for a particular 6. period and their tenure emanates from the contract. In the present case, the petitioner was engaged for a period of one year and to be 5 HCGR,J W.P^No.l7128of 2025 extended for another two years at the discretion of the Corporation, subject to the satisfactory discharge of functions. The 1 respondent-Government issued G.O.R.No.1614, Finance (HR.I- PLG.&Policy) Department, dated 29.04.2025, by which general extension has been granted to ail contractual employees upto nd 31.03.2026 and also the 2 respondent proceedings dated 17.04.2025 granted general extension upto 31.03.2026. When general extensions are already granted, the case of petitioner also required to be considered in terms of such general extensions unless there are other compelling circumstances. At any rate, the petitioner request for extension is still pending 7. with respondents, this Court deems it fit to direct the respondents to consider the said request and pass appropriate orders keeping in view of general extension granted. Accordingly, the Writ Petition is disposed of, by directing the 2'^'^ respondent to consider the case of petitioner for extension of contract in pursuant to his representation dated 27.01.2025, having 8. regard to the general extension granted vide G.O.R.No.1614, Finance (HR.I-PLG.&Policy) Department, dated 29.04.2025 and the 2’^^ respondent proceedings dated 17.04.2025, and pass appropriate orders, strictly in accordance with law, within a period of two (02) 6 HCGR.J W.P.No.l7128of2025 weeks from the date of receipt of a copy of this order. There shall be no order as to costs. As a sequel, miscellaneous petitions, pending if any, shall stand closed. Sd/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// 1^ SECTION OFFICER To, 1. The Principal Secretary, State of Andhra Pradesh, Industries and Commerce Department, Secretariat, Velagapudi, Guntur District. 2. The Chairman and Managing Director, Andhra Pradesh Industrial Infrastructure Corporation Limited, Head Office IT Park, Tower-), 10 Floor, Autonagar, Mangalagiri, Guntur District. 3. One CC to SRI V MAHESWAR REDDY Advocate [OPUC] 4. Two CCs to GP FOR SERVICES I High Court of Andhra Pradesh [OUT] 5. Two CD Copies th gsg HIGH COURT DATED:09/07/2025 ORDER WP NO. 17128 OF 2025 # t7JUL 2025 , CO DISPOSING THE WP WITHOUT COSTS