1 APHC010343062025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] TUESDAY,THE FIFTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 17469/2025 Between: D. Raghavendra Rao (Rtd), ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. SALIKITI KARUNAKAR Counsel for the Respondent(S): 1. GP FOR SERVICES II The Court made the following: 2 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 17469/2025 The present Writ Petition is filed seeking a direction to the Respondents to consider the period i.e., from 02.09.1985 till his date of appointment i.e., 05.10.2004 for the purpose of notional pay and retirement benefits on the ground that the he is entitled as per the Orders of the Tribunal. 2. The facts leading to filing of the present Writ Petition is as follows: The Petitioner was appointed as Maistry (now re-designated as JMS) in Agriculture Market Committee, Pithapuram, East Godavari District on 02.09.1985, pursuant to the Notification issued in Andhra Jyothi News Paper on 17.07.1985. The services of the Petitioner were terminated on 27.09.1985 vide Proceedings dated 26.09.1985 i.e., after a span of less than a month. When a Notification was issued for filling up of a Maistry, the Petitioner filed RP No.1574 of 1987 and the same was disposed of on 01.09.1987 stating that the said post shall not be filled up by calling fresh applications and that if it is decided to fill up the vacancy by direct recruitment, the Petitioner’s case shall be 3 considered unless there are other retrenched employees, who have no higher preference for such reappointment. Subsequently, the Petitioner filed RP No.1158 of 1989 seeking for implementation of the orders passed by the Tribunal. The said RP was disposed of on 01.03.1995 directing the Respondent therein to consider the case of the Petitioner for appointment. 3. Thereafter, as the representation of the petitioner was rejected vide Proceedings dated 02.03.1998, questioning the same, the Petitioner filed O.A.No.2137 of 1998 and the same was disposed of on 19.08.2003 directing the Respondents to implement the Orders passed by the Tribunal in RT No.1574 of 1987, dated 01.09.1987 and the RP No.1158 of 1989, dated 01.03.1995. Subsequently, the Petitioner was given appointment on 5.10.2004. 4. After superannuating in the said post, the Petitioner gave a representation to the Respondents to consider his case for computing loss of 19 years service from 2.09.1985 without financial arrears for the purpose of pension and to consider him 4 under pension scheme. As the same was not being considered, the present Writ Petition is filed. 5. Learned Counsel for the Petitioner contended that there is no reason for termination of the Petitioner in the year 1985 and also there is no reason for the delay in reappointing the Petitioner in the year 2004. It is further contended that the loss of 19 years of service of the Petitioner is causing immense financial loss and therefore he seeks for consideration of his service from 2.09.1985 to till reinstatement i.e., 05.10.2004 for the purpose of pension and to consider his case for fixation of pension under old pension scheme. 6. Learned Assistant Government Pleader contends that the Petitioner cannot challenge the appointment dated 05.10.2004, which is given on even date, and therefore, after lapse of 21 years, the Petitioner cannot seek for consideration of his case for counting the service. 7. Heard the respective counsel. 8. There is no explanation from the Petitioner for the delay in seeking the present relief. The cause of action for filing the 5 present Writ Petition arose on 5.10.2004 when the Petitioner joined the service. The Petitioner having accepted the appointment without any qualms cannot at this length of time raise the present claim, more so, when the Petitioner was not in service from 1985 to 2004. Therefore, this Court does not find any merit in the present Writ Petition. 9. Therefore, the Writ Petition is dismissed. There shall be no order as to costs. As a sequel, miscellaneous petitions, pending if any, shall stand closed. _______________________________ JUSTICE NYAPATHY VIJAY Date: 15.07.2025 eha 6 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO. 17469/2025 Dated 15.07.2025 eha