DULLA NAGA MALLESWARA RAO v. THE STATE OF ANDHRA PRADESH
WP/24161/2025 · 2025-09-11
Nyapathy Vijay
body2025
DailyLaw.ai
[ 2025 DAILYLAW 32223 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 32223 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
.. 4 APHC010473452025 IN THE HIGH COURT OF ANDHRA PRADES AT AMARAVATI (Special Original Jurisdiction) FRIDAY, THE TWELFTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 24161 OF 2025 Between:
1. Dulla Naga Malleswara Rao, S/o. Dulla Pothuraju, Aged 39 years OCC Work Inspector, R/o. Kummari Colony, Pelluru (Rural), Prakasam, AP,523272. 2. Katta Raghavendra Rao, S/o.Late Katta Polaiah, Aged 49 Years OCC Work Inspector, R/o.45-77, Harijana Wada, Kotha Patnam Padarthi Prakasam, 523286. ...Petitioners AND
1. The State of Andhra Pradesh, Rep by its Principal Secretary, Municipal Administration Department, Government of Andhra Pradesh, Secretariat, Velagapudi, Amaravati. 2. The Commissioner and Directorate, Municipal Administration Department, Prime Hill Crest, 4**^ Floor Near DGP Office, Mangalagiri Guntur District. 3. The District Collector, Ongole, Prakasam District. 4. The APCOS Managing Director, 2nd Floor, NTR Administrative Block, P.N. Bus Station, Vijayawada, Krishna District. Andhra Pradesh, PIN code 520013. 5. The Municipal Corporation, Rep by Its Municipal Commissioner, Ongole, Prakasam District. 6. The Municipal Executive Engineer. Ongole, Prakasam 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, order or direction, more particularly one on the nature of Writ of Mandamus to declare the action of the respondents in disengaging and disallowing the petitioners to discharge their duties as Work Inspectors, who were appointed in the years 2008 and 2005 respectively, and further withholding payment of salaries for the services rendered in the respondent department, without issuing any show cause notice or affording any opportunity of hearing, as illegal, arbitrary, unreasonable and violative of Articles 14, 16 and 21 of the Constitution of India and in gross violation of the principles of natural justice and it is consequently prayed to direct the respondents to forthwith allow the petitioners and enable them to discharge their regular duties as Work Inspectors on payment of their regular salaries and to release their withheld salaries from May 2025 onwards together with all consequential benefits.
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 forthwith permit the petitioners to engage the petitioner and enable them to discharge their regular duties as Work Inspectors on payment of their regular salaries and to release their withheld salaries from May 2025 onwards. Counsel for the Petitioners: SRI G V S KISHORE KUMAR Counsel for the Respondents: GP FOR MUNICIPAL ADMN & URBAN DEVELOPMENT Counsel for the Respondents: SRI A S C BOSE (SC FOR MUNICIPAL CORPORATIONS) The Court made the following order:
A APHC010473452025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY, THE TWELFTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE [3460] PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 24161/2025 Between: 1.DULLA NAGA MALLESWARA RAO, S/0. DULLA AGED 39 YEARS OCC WORK COLONY, PELLURU POTHURAJU INSPECTOR, R/0. KUMMARI (RURAL), PRAKASAM, AP, 523272. 2.KATTA RAGHAVENDRA RAO, S/0.LATE KATTA POLAIAH, AGED 49 YEARS OCC WORK INSPECTOR, R/0.45-77, HARIJANA WADA, KOTHA PATNAM PADARTHI PRAKASAM, 523286. ...PETITIONER(S) AND 1.THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION DEPARTMENT, GOVERNMENT OF ANDHRA PRADESH, SECRETARIAT, VELAGAPUDI, AMARAVATI. 2.THE COMMISSIONER AND DIRECTORATE, MUNICIPAL ADMINISTRATION DEPARTMENT, PRIME HILL CREST 4TH FLOOR NEAR DGP OFFICE MANGALAGIRI GUNTUR DISTRICT. 3.THE DISTRICT COLLECTOR, ONGOLE, PRAKASAM DISTRICT. 4.THE APCOS MANAGING DIRECTOR, 2ND FLOOR, NTR ADMINISTRATIVE BLOCK, P.N. BUS STATION, VIJAYAWADA, KRISHNA DISTRICT, ANDHRA PRADESH, PIN CODE 520013. #1 2 5.THE MUNICIPAL CORPORATION, MUNICIPAL COMMISSIONER ONGOLE DISTRICT. 6.THE MUNICIPAL EXECUTIVE ENGINEER, ONGOLE, PRAKASAM DISTRICT. REP BY ITS PRAKASAM ...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 to issue a Writ,
order or direction, more particularly one on the nature of Writ of Mandamus to declare the action of the respondents in disengaging and disallowing the petitioners to discharge their duties as Work Inspectors, who were appointed in the years 2008 and 2005 respectively, and further withholding payment of salaries for the services rendered in the respondent department, without issuing any show cause notice or affording any opportunity of hearing, as illegal, arbitrary, unreasonable and violative of Articles 14, 16 and 21 of the Constitution of India and in gross violation of the principles of natural justice and it is consequently prayed to direct the respondents to forthwith allow the petitioners and enable them to discharge their regular duties as Work Inspectors on payment of their regular salaries and to release their withheld salaries from May 2025 onwards together with all consequential benefits, and pass such 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 forthwith permit the petitioners to engage the petitioner and enable them to discharge their regular duties as Work Inspectors on payment of their regular salaries and to release their withheld salaries from May 2025 onwards, and to pass such Counsel for the Petitioner(S):
1.G VS KISHORE KUMAR Counsel for the Respondent(S):
1.GP FOR MUNCIPAL ADMN URBAN DEV 2.A S C BOSE (SC FOR MUNICIPAL CORPORATIONS AP)
% THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 24161 of 2025 The Court made the following Order: The present Writ Petition is filed by the Petitioners Questioning the action of the Respondents in disengaging their duties in the Respondent Corporation, without issuing notice. Sri G.V.S.Kishore Kumar,
learned counsel for the
2. Petitioners would submit that the Petitioners herein were appointed as Work Inspectors in the year 2008 and 2005 respectively, on outsourcing basis and have been discharging their duties to the utmost satisfaction of the Respondent Corporation. Now the Respondent Corporation is not allowing the Petitioners’ to work in the Corporation, without giving any valid reason. Learned Standing Counsel for the Respondent Corporation
3. on written instructions would submit that the Petitioners have unauthorizedly stopped to work in the Respondent Corporation from May and June, 2025 respectively. Hence, a Show Cause Notice vide Roc.No.4486/2025/E2 dated 08.09.2025 was issued to the Petitioners, calling explanation for absconding from the duties, without obtaining any prior permission.
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4. Considering the facts and circumstances of the Court is of the considered opinion that this Writ Petition
disposed of with following directions: case, this can be i) The Petitioners are directed to submit their explanation to the Show Cause Notice dated 08.09.2025, within a period of two (02) weeks from the date of receipt of copy of this
Order. ii) On such submission. Respondent Authorities shall consider and dispose of the same, in accordance with the law, after giving due notice and opportunity to the parties concerned. iii) Till completion of the said process, the Respondent Authorities shall permit the Petitioners to work in the Respondent Corporation and pay the salaries, as per their entitlement.
5. Accordingly, this Writ Petition is disposed of. No order as to costs. Interlocutory applications, if any, pending shall stand closed.
Sd/- K TATA RAO DEPUTY REGISTRAR //TRUE COPY// To, SECTION OFFICER T The Principal Secretary Andhra Pradesh Velagapudi, Amaravati. . Municipal Administration Department Government of , State of Secretariat, Andhra Pradesh,
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2. The Commissioner and Directorate, Municipal Administration Department, Prime Hill Crest, 4*^ Floor, Near DGP Office Mangalagiri Guntur District. i
3. The District Collector, Ongole, Prakasam District.
4. The APCOS Managing Director, 2"'^ Floor, NTR Administrative Block, P.N. Bus Station, Vijayawada, Krishna District, Andhra Pradesh, PIN code 520013.
5. The Municipal Commissioner, Municipal Corporation, Ongole, Prakasam District.
6. The Municipal Executive Engineer, Ongole, Prakasam District.
7. One CC to Sri G V S Kishore Kumar, Advocate [OPUC]
8. Two CCs to GP for Municipal Administration & Urban Development, High Court of Andhra Pradesh [OUT]
9. One CC to Sri A S C Bose (SC for MUNICIPAL CORPORATIONS AP) [OPUC]
10. Two CD Copies RAM
f ‘ 9 HIGH COURT ‘S ■* i DATED:12/09/2025
ORDER WP.NO. 24161 OF 2025 <# g( 2 0 SEP 2025 rc/> ' urrentSectio * disposing of the wp WITHOUT COSTS