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2025 DAILYLAW 3346 (AP)

SHAIK BAJIVALI v. THE STATE OF AP

WP/791/2025 · 2025-05-08

V R K Krupa Sagar

body2025

Judgment text

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\ w '1 r 'A IN THE HIGH COURT OF ANDHRA PRADESH :: AMAR (Special Original Jurisdiction) i FRIDAY, THE NINTH DAY OF MAY \ TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE JUSTICE DR V R K KRUPA SAGAR WRIT PETITION NO: 791 OF 202fi n P H BETWEEN: 1. Shaik Bajivali S/o Meera Saheb Aged About 37 Years, Occ;Deo(Maddipadu). R/o 1-206, Main Road, Chala Bazar, Nagambhotia Palem Village, Thallur Mandal, Prakasam District. 2.Muni Venkateswarlu S/o Venkata Ramanaiah Aged About 34 Years, Occ:Deo(Podili), R/o 10-73/11, Podili Village And Mandal, Prakasam Disstrict. 3.Varikuti Ravi Kumar S/o Venkateswarlu Aged About 32 Years. Occ:Deo(Talluru) R/o 2-305, Chanduvaripaiem.Darsi Mandal, Prakasam District. 4. Pandula Chaaitanya Mano S/o Devid Mano Aged About 35 Years, Occ;Deo(Mundlamuru), R/o Chinna Ulagalu Village, Mundlamuru Mandal Prakasam District. 5. Burri Anil Kumar S/o Hanumantharao Aged About 45 Years Occ:Deo(Vetapalem) 7 R/o G^dhi Nagar, Medarametia, Korisapadu Mandal, Prafesam District. -f 6. Kandukuri Lakshmi Sowjanya W/o Choda Jeji Narayana Aged About 39 Years, Occ:Deo(Singarayakonda), R/o Nandavaari Street. Kandukuru, Nelluru District. 7. Appadi Suresh S/O Yesu Rathnam Aged About 31 Years, Occ; Deo (Ulavapadu), R/o Ramayapatnam, Ramayapatnam Post, Prakasam District. 8. Kallagunta Rajesh S/O Kondaiah, Aged About 36 Years, Occ;Deo (Lingasamudram) R/o Santhosh Nagar, Kandukur Mandal, Prakasam District 9. Dande Sunil S/oPrabhakar, Aaged About 37 Years, Occ; Deo (Gudluru) R/o Machavaram, Machavaram Post,Kandukur Mandal, Prakasam 10. Shaik Nadiya D/o Mahaboob Subhani, Aged About 33 Years, Occ.Deo (Kothapatnam) R/o Rajupalem, Kothapatnam Mandalam, Prakasam District. District. 11. Salagala Mahesh S/o Salagala Nageswara Rao Aged About 35 Years, Occ;Deo(Zarugumalli), R/o 7-81 b Main Road, Surareddypalem.Valluru, Prakasam District. 12. Arava Shannubabu S/o Daveed, Aged About 29 Years, Occ;Deo(Komarolu), R/o Islampeta, Komarolu, Prakasam District. r// 13. Gurrapusala Rajesh S/o Poiaraju Aged About 36 Years Occ:Deo(Racharla), R/o Idupuru, Prasam District. r/ 14. Miriyala Nagaraju S/o Venkateswarlu, Aged About 32 Years Occ.Deo ( Parchuru), R/o Karamchedu, Prakasam District. IS.Jalli Venkata Ramesh Babu S/o Chinna Lakshmaiah Aged About 36 Years, Occ:Deo(Darsi), R/o Marrireddy Pali Village,Darsi Mandal Prakasam District. 16.Panditi Saloman Raju S/o Prasad Rao Aged About 26 Years, Occ;Deo(Konakanamitla), R/o Vedurraliapadu Village, Konakalamitia Mandal Prakasam District. 17.Chukka Ajay S/O Madhavarao Aged About 27 Years, Occ;Deo(Ponneluru), R/o Ambedkar Nagar,Ponnaluru Village,Ponnaluru Mandal, Prakasam District. 18. Brahmanakaka Lavanya D/o Venu, Aged About 24 Years, Occ:Deo"(1rangutur), R/o Alakurapadu, Tangutur Mandalam, Prakasam District. 19. Sabineedi Sivakumar S/o Kodhandaiah, Aged About 35 Years, Occ;Deo(Valetivaripalem) R/o 2-10, Machavaram, Kandukuru Mandalam, Prakasam District. Petitioners. And 1.The State of Andhra Pradesh rep. by its Principal Secretary to Government, Panchayat Raj Department Secretariat, Velagapudi, Amaravati, Guntur District. 2. The Commissioner, Director Panchayat Raj & Rural Development, Prathuru Road, Tadepalli(M), Guntur Dist., Vijayawada, NTR District. 3. The Collector & District Magistrate Prakasam District at Ongole 4. The District Panchayat Officer Ongole, Prakasam District. 5. A.P. Corporation for Out Sourced Services 2""^ Floor, NTR Administrative Block, PNBS, Vijayawada rep by its Managing Director. 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/Direction more particularly one in the Nature of Writ of Mandgmus declaring the action of the Respondents in not paying Salaries to the petitioners in terms of G.O.Ms.No.7 Finance (HR.I PIg&Policy) Dept., dt. 17.01.2022 in their respective Mandals as illegal, arbitrary, without jurisdiction besides violation of Art. 19 & 21 of the Constitution of India and consequently direct the respondents to pay salaries to the Petitioners directly from respondent in terms of G.O.Ms.No.7 Finance (HR.I Plg&Policy) Dept, dt. 17.01.2022 including arrears forthwith. iA_NOM_OF_2025 Petition under Section stated in the affidavit filed i pleased to direct the 5 from the 151 CPC praying that in the cicircumstances may be Petitioners Finance (HR.l sa/d authority forthwith 'n support of the petition, the High Court release the Salary of the 'n terms of G.O.Ms. Respondent to ^onth of April, 2023 i PIg&Policy) Dept rit 17.01.2022 pending disposal of the Writ Counsel for the Petitioners; Counsel for the Respondent Counsel for the Respondent The Court made the directly from the Petition. ■ SRI POTHAIWSETTY Nos.1 to 4: GP FOR No.5: SRI K. BHEEIWA following: ORDER JAVA PRAKASH SERVICES IV RAO APHC010015762025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3365] FRIDAY, THE NINTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE JUSTICE DR V R K KRUPA SAGAR WRIT PETITION No: 791/2025 Between: Shaik Bajivali and Others ...PETITIONER(S) AND The State Of Ap and Others ...RESPONDENT(S) Counsel for the Petitioner(S): 1. POTHAMSETTY JAYA PRAKASH Counsel for the Respondent(S): 1.GP FOR SERVICES IV 2.KBHEEMARAO THE COURT MADE THE FOLLOWING ORDER: This writ petition is filed under Article 226 of Constitution of India seeking the following relief: “...pleased to issue a Writ/Order/Direction more particularly one in the Nature of Writ of Mandamus declaring the action of the Respondents in not paying Salaries to the petitioners in terms of G.O.Ms.No.7, Finance (HR.I Pig and Policy) Department dated 17.01.2022 in their respective Mandals as illegal, arbitrary, without jurisdiction besides violation of Articles 19 and 21 of the Constitution of India and consequently direct the respondents to pay salaries to the Petitioners directly from respondent in terms of G.O.Ms.No.7 Finance (HR.I Pig and Policy) Department dated 17.01.2022 including arrears forthwith and to pass ...” \ 2. Heard Sri P.Jaya Prakash, learned counsel for the Writ Petitioners and the Learned Assistant Government Pleader for Services-IV. It is submitted by learned counsel for the Writ Petitioner that the matter is squarely governed by the orders of a learned Judge of this court in Writ Petition No.8638 of 2023 dated 13.10.2023. Operative portion of the orders reads as follows: 3. “Accordingly, the Writ Petition is allowed directing the respondents to pay salary/remuneration to the petitioners in pursuance of G.O.Ms.No.7 Finance (HR.I Pig and Policy) Department dated 17.01.2022 from the date of this order"’ Pursuant to the above referred orders of this Court, Chief Executive Officer, Zilla Praja Parishad and Principal D.P.R.C., Ongole, vide R.C.No.J2/D.P.R.C/1732/2023 dated 04.02.2025 raised to pay directed for disbursal of the overdue amount. 4. Respondent No.5 had already filed counter affidavit stating that, it is not the sanctioning authority to address the prayer of the Writ Petitioner. On behalf of respondent Nos.1 to 4, no counters have been filed. 5. \ Considering the above facts and that the present Writ Petitioners also similarly placed, the Writ Petition is allowed directing the respondents to pay salary/remuneration to the petitioners in pursuance of G.O.Ms.No.7 Finance (HR.I Pig and Policy) Department dated 17.01.2022 within two (02) months from the date of receipt of a copy of this order. No order as to costs. As a sequel, miscellaneous petitions, if any, pending shall stand closed. Interim orders granted earlier, if any, shall stand vacated. 6. are Sd/- M. SRINIVAS ASSISTANT REGISTRAR //TRUE COPV 'fr ^ 'SECTJON OFFICER To, 1. The Principal Secretary to Government, Panchayat Raj Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravati, Guntur District. 2. The Commissioner, Director Panchayat Raj AND Rural Development, Prathuru Road, Tadepalli(M), Guntur Dist., Vijayawada, NTR District. 3. The Collector and District Magistrate, Prakasam District at Ongole 4. The District Panchayat Officer, Ongole, Prakasam District. 5. The Managing Director, A.P. Corporation, for Out Sourced Services, Floor, NTR Administrative Block, PNBS, Vijayawada. 6. One CC to Sri Pothamsetty Jaya Prakash, Advocate [OPUC] 7. One CC to Sri K. Bheema RaO, Advocate[OPUC] 8. Two CCs to GP for Services-IV, High Court of Andhra Pradesh. [OUT] 9. Three CD Copies. ssb . - high court DATED.09/05/2025 ORDER WP.No.791 of 2025 allowing the W.P. WITHOUT COSTS