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High Court of Andhra Pradesh · body

2025 DAILYLAW 29508 (AP)

Medara Babu Prasad, v. The Union of India,

WP/21724/2025 · 2025-08-17

Nyapathy Vijay

body2025

Judgment text

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APHC010423202025 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) MONDAY,THE EIGHTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 21724 OF Between: 1. Medara Babu Prasad,, . S/o M Balappa, aged about 43 years, Oeeupation-Casual labour, R/o 28 515001. 2. Erasu palli Surappa vuraf Suri,, S/o E Chinnavenkataramappa, aged about 53 years, Oeeupation-Casu Anantapur-515231. 3. T Chudamani, ,S/o Late Sriramulu, aged about 55 years, Oeeupation Casual labour, R/o 21-6, Royal kota, Chandragiri, Chittoor 4. B Veeraiah,, S/o B. Lakshmaih, aged about 37 labour, R/o 3/20, Obaiah Veedi, Kambaur, Anantapur 5. Vadde Palupa Bhargava, , S/o V.P. Kristappa, aged about 33 years, Occupation-Casual labour, R/o 4 515001. 6. Mala Chiranjeevi,, S/o M. Ramadasu, aged about 39 years, Occupation Casual labour, R/o 2-24, SC Colony, Duddekunta, Beluguppa, Anantapur 515741. 7. Nunasavath Bujji,, W/o N Balu Naik, aged about 44 years, Occupation Casual labour, R/o 4/113c Main road Nagulavaram,Mac IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY,THE EIGHTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 21724 OF 2025 1. Medara Babu Prasad,, . S/o M Balappa, aged about 43 years, Casual labour, R/o 28-712, Sangamesh Nagar, Anantapur 2. Erasu palli Surappa vuraf Suri,, S/o E Chinnavenkataramappa, aged about Casual labour, R/o 4-101, BC Reddy hostel, Gorantla, 3. T Chudamani, ,S/o Late Sriramulu, aged about 55 years, Oeeupation 6, Royal kota, Chandragiri, Chittoor-517101. 4. B Veeraiah,, S/o B. Lakshmaih, aged about 37 years. Occupation labour, R/o 3/20, Obaiah Veedi, Kambaur, Anantapur-5157655 5. Vadde Palupa Bhargava, , S/o V.P. Kristappa, aged about 33 years, Casual labour, R/o 4-2-944, Janashakthi Nagar, Anantapur S/o M. Ramadasu, aged about 39 years, Occupation 24, SC Colony, Duddekunta, Beluguppa, Anantapur 7. Nunasavath Bujji,, W/o N Balu Naik, aged about 44 years, Occupation Casual labour, R/o 4/113c Main road Nagulavaram,Macherla,Guntur IN THE HIGH COURT OF ANDHRA PRADESH THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY 1. Medara Babu Prasad,, . S/o M Balappa, aged about 43 years, 712, Sangamesh Nagar, Anantapur - 2. Erasu palli Surappa vuraf Suri,, S/o E Chinnavenkataramappa, aged about 101, BC Reddy hostel, Gorantla, 3. T Chudamani, ,S/o Late Sriramulu, aged about 55 years, Oeeupation- 517101. years. Occupation-Casual 5. Vadde Palupa Bhargava, , S/o V.P. Kristappa, aged about 33 years, 944, Janashakthi Nagar, Anantapur- S/o M. Ramadasu, aged about 39 years, Occupation- 24, SC Colony, Duddekunta, Beluguppa, Anantapur- 7. Nunasavath Bujji,, W/o N Balu Naik, aged about 44 years, Occupation- herla,Guntur-522426. 8. Mandli Gajjalaiah,, S/o M Anjaneyulu, aged about 38 years, Occupation- Casual labour, R/o Pedaanupu colony,nagulavaram,Guntur,Macherla- 522426. 9. Siripurapu Gopi,, S/o S Appanna, aged about 37 years, Occupation- Casual labour, R/o 214 Vijayapuri South,Guntur-522439. 10. Vadde Yesu babu,, S/o V Rangaiah, aged about 30 years, Occupation- Casual labour, R/o 3/233 Tadepalli mandalam, vtc penumaka,Guntur- 522501. 11. Yallabelli Chinnarao,, S/o Y Polaiah, aged about 36 years, Occupation- Casual labour, R/o Quarters number A/71 vija3T3uri South village Guntur- 522439. 12. Jinka Jaya Ramudu,, S/o J. Subbanna, aged about 51 years, Occupation-Casual labour, R/o 8/678, Indira Nagar, Tadipatri, Anantapur- 515411. 13. Nadivinti Durga Suiyanarayana,, S/o N Surayarao Late, aged about 44 years, Occupation-Casual labour, R/o 3/25 ebc colony gollaprolu mandalam, Kodavali, East Godavari-533449. 14. Midde Nagaraju,, C/o M Mallanna, aged about 56 years, Occupation- Casual labour, R/o 1/83 D Peddapappuru.Tadipatri-515411. 15. Abdul Juber,, S/o A Hafeez, aged about 33 years. Occupation-Casual labour, R/o 18/95, Vtc Bhattiprolu Bapatla,-522236. 16. Matla Nagendra,, S/o M Tirupalu, aged about 34 years, Occupation- Casual labour, R/o 16-14-1, Gollapalem, Udayagiri. Nellore-524226. 17. Mutyala Nagalakshmi,, C/o M Srinivasa rao, aged about 35 years, Occupation-Casual labour, R/o 4th line. Near Old LIC Office, Ongole, Prakasam-523001. 18. Vallem Ravi, , S/o Koteswara Rao, aged about 40 years, Occupation- Casual labour, R/o Pedda School Street, Ammanabrolu, Prakasam-523180. 19. Thota Anjaneyulu,, S/o T Subbaiah, aged about 42 years, Occupation- Casual labour, R/o 5-18, Madahava Sweamy Veedi, Thurimella, Prakasam- 523372. 20. Chevula Nagaiah,, S/o C Guruvaiah, aged about 46 years, Occupation- Casual labour, R/o 1-99, Ambavaram, CS Puram, Prkasam-523112. 21. Nimmala Venkata Ramanaiah,, S/o Venkaiah, aged about 52 years, Occupation-Casual labour, R/o Sivalayam templeback side, Ramatheerdam, Vidavaluru, Nellore-524218. 22. Shaik Hussain Basha,, S/o S Ammsa, aged about 42 years. Occupation- Casual labour, R/o 1-33, Agraharam Street, Udayagiri-524226. 23. Adapala Venkatesh, , S/o Appalaiah, aged about 32 years, Occupation- Casual labour, R/o 37-1-1-155, Annavarapadu, 4th , Ongole, Prakasam- 523001. 24. Thota Ranganayakulu,, S/o Rangaiah, aged about 38 years, Occupation- Casual labour, R/o 5-3, Madahava Swami Veedi, Thurimella, Prakasam- 523372. 25. Chilakala Maheswar Reddy,, S/o Gumva Reddym, aged about 32 years, Oeeupation-Casual labour, R/o 1-12B, Pitakayagulla, Prakasam-523346. 26. Kotipalli Srinivasarao,, S/o K Veeranjameyulu, aged about 42 years, Occupation-Casual labour, R/o 7/15-1, Munnam vari 23rd ward. Near Tirupatamma temple, Bapatla, Guntur-522101. 27. Soruvu Ravi Kumar, , S/o Chandra, aged about 36 years, Occupation- Casual labour, R/o Sheelamvari palli, Gurramkonda, Chittoor-517305. ...Petitioners AND 1. The Union of India, Rep. by its Secretary, Ministry of Culture, Government of India, New Delhi. 2. The Archaeological Survey of India, Rep. by its Director General, Ministry of Culture, New Delhi. 3. The Archaeological Survey of India, Rep. by its Superintending Archaeologist, Amaravati Circle, 6-134/1, Aurobindo Plaza, Kanurumain Road, Vijayawada, A.P-520007. 4. The Archaeological Survey of India, Rep. by its ADDL. Director General, Ministry of Culture, New Delhi 5. Archaeological Survey of India, The Senior Accounts Officer, Pay and Accounts office, Amaravathi Circle, Kavadiguda, Secunderabad, Telangana- 500080 ...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 topleased toissue a Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the delay andinaction of the Respondents in regularising the services of the Petitioners in 3rd Respondent organisation even in spite of Petitioners have been working in existing vacancies as casual labourers for the past ten years and the services of the Petitioners are veiy much necessaiy, but also not granting minimum time scale or 1 /30th status of pay to the Petitioners as arbitrary, illegal and Violative of Article 14, 16,19 and 21 of the constitution of India and consequently direct the Respondents to regularise the services of the Petitioners working in the existing vacancies as a casual labour and also further direct the Respondents to grant the minimum time scale or 1/30thstatus of pay attached to the post in which the Petitioners are working together with arrears in the interest of justice. IA 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 pleased to direct the Respondents to consider the representation dated 01- 08-2025 and grant minimum time scale or l/30th status of pay as per OM No. 49014/1/2017-Estt (C) dated 04.09.2019 pending disposal of writ petition. IA NO: 2 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 pleased to direct the Respondents to consider the representation dated 21- 05-2025 submitted by petitioners for regularisation of services and grant of minimum time scale or 1/30* status of pay pending disposal of writ petition. Counsel for the Petitioners: P NAGENDRA REDDY Counsel for the Respondents: The Court made the following order: THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 21724 OF 2025 ORDER: Heard learned counsel for the petitioners and Sri C.V.R. Rudra Prasad, learned Central Government Standing Counsel, appearing for the respondents. 2. The learned counsel for the petitioners submits that the petitioners are presently working in the office of the Archaeological Survey of India and are seeking the benefit of minimum time scale. 3. Learned Central Government Counsel submits that the appropriate forum for redressal of the petitioners’ grievance is the Central Administrative Tribunal (CAT), and therefore, the petitioners have to approach the said Tribunal. 4. In response, the learned counsel for the petitioners seeks permission to withdraw the writ petition with liberty to approach the Central Administrative Tribunal for appropriate relief. 5. Permission is accorded. 6. Accordingly, the Writ Petition is dismissed as withdrawn with liberty to the petitioners to approach the Central Administrative Tribunal to ventilate their grievance, if so advised. 7. Consequently, miscellaneous petitions pending if any, shall stands closed. __________________________ JUSTICE NYAPATHY VIJAY 18.08.2025 KKV THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 21724 OF 2025 18.08.2025 KKV