THE REGIONAL DIRECTOR CUM APPELLATE v. CHERUKU BABAVALI
WA/62/2025 · 2025-01-29
B Krishna Mohan, Nyapathy Vijay
body2025
DailyLaw.ai
[ 2025 DAILYLAW 3431 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 3431 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
• I IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI WEDNESDAY, THE TWENTY NINETH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHANA^Pi o AND THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT APPEAL NO: 62 OF 2025 Writ Appeal under clause 15 of the Letters Patent against the order dated 18.07.2024 in W.P. No. 30107 of 2021 on the file of the High Court. Between:
1. The Regional Director-Cum-Appellate, Commissioner of Municipal Administration, Ananthapuramu District. The Commissioner and Director of Municipal Administration, 51A beside Ultratech Ready mix Plant Vaddeswaram Village SRO, Mangolagiri, Guntur District, Andhra Pradesh 522051 The Municipal Commissioner, Badvel Municipality, Kadapa District The Municipal Commissioner, Rayachoty Municipality, Kadapa District The Municipal Commissioner, Adoni Municipality, Kurnool District The Municipal Commissioner, Proddatur Municipality, YSR Kadapa YSR Kadapa District The State of Andhra Pradesh, Rep by its Principal Secretary to Government Municipal Administration and Urban Development Department, Secretariat Building, Amaravathi, Velagapudi Guntur District
2. 3. 4. 5. 6. 7. ...APPELLANTS AND Cheruku Babavali, S/o Sri Bramhaiah, aged about 29 Years, R/o 2-82- A, Ipptia Lingala, YSR Kadapa, A.P. Vallepu Maruthi, S/o V.Venkatesh, Aged about 29 Years, Unemployee, * R/o 1/42 Agaduru, Agaduru Kadapa Rural, Kadapa District A.P
1. 2. 3. K Chinna Obulapathi, S/o K Obaiah, Aged 35 Years, Unemployee Nallapureddy Palli, Pulivendula Kadapa District, A.P.516390
4. Kuruva Lakshmanna, S/o K. Naganna, Aged 33 Years, Unemployee R/o H.No.3-165, Tholishapuramu Kurnool District, A.P.518004
5. Nossam Sreedhar, S/o Nossam Obulesu, Aged 26 Years, Unemployee R/o H.No.2-2-62, Gollakhaja Bavi Street, Badvel, Budwel, Kadapa District, A.P.516277
6. Shaik Masthan Valli, S/o Shaik Masthan Vallui, Aged 30 Years, Unemployee, R/o H.No.5/106/a/26, Sainagar Colony, Muddanur, Kadapa District, A.P.516380 ...RESPONDENTS/WRIT PETITIONERS'^
7. Sri G. Nagaraju, The Regional Director cum Appellate Commissioner of Municipal Administration, Ananthapuram District. ...RESPONDENT/RESPONDENT lA 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 to suspend the operation of the Orders dated 18.07.2024 passed in W.P.No.30107 of 2021 to the extent of payment of salary, including the declaration of probation on par with Ward Welfare and Development Secretary, Grade-ll, who had passed the departmental test, pending disposal of the Writ Appeal. ^ Counsel for the Appellants: THE ADDL.
^ Counsel for the Appellants: THE ADDL. ADVOCATE GENERAL Counsel for the Respondent Nos.1 to 6: SRI P. V. KRISHNAIAH Counsel for the Respondent No.7:— The Court made the following: JUDGMENT
1 '.'.f APHC010017032025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3516] WEDNESDAY, THE TWENTY NINETH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B. KRISHNA MOHAN THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT APPEAL NO: 62/2025 Between: The Regional Director Cum Appellate and Others ...APPELLANT{S) AND Cheruku Babavali and Others ...RESPONDENT(S) Counsel for the Appellant(S):
1.ADDL ADVOCATE GENERAL Counsel for the Respondent(S):
1.P VKRISHNAIAH
2 HBKM,J & HVN,J W.A.No.62of2025 m r The Court made the following:
JUDGMENT: (Per Hon’ble Sri Justice B. Krishna Mohan) Heard the learned Additional Advocate General for the appellants and the learned counsel for the respondent Nos.1 to 6.
2. This writ appeal arises against the order passed by the learned Single Judge in W.P.No.30107 of 2021 dated 18.07.2024 directing the respondents therein as under:
“9. Accordingly, the Writ Petition is allowed. The impugned Proceedings Nos(1) Procgs Roc.No.931/2019/A2/KDP (2) Procgs Roc.No.931/2019/A2/KDP; (3) Procgs Roc.No.931/2019/A2/KDP; (4) Procgs Roc.No.931/2019/A3/ KNL; (5) Procgs Roc.No.931/2019/A2/ KDP and ProcgsRoc.No.931/2019/ A2/KDP, dated 29.10.2021 Respondent are hereby set aside. Further, the issued by the 1 respondents are
directed to pay the salary to the Petitioners including declaration of probation on par with Ward Welfare and Development Secretary Grade-11, who passed the Departmental test including declaration of probation apart from pay the compensation to the Petitioners for the mental agony humiliation and frustration th subjected by the Petitioners and recover the same from the 8 Respondent including arrears of salary paid and being paid to the petitioners, within a period of four (04) months from the date of receipt of a copy of this order.
10. There shall be no order as to costs.
3 HBKM,J & HVN,J W.A.No.62of2025
3. The learned Additional Advocate General appearing for the appellants submits that pursuant to the allowing of the above said writ petition, the respondents/writ petitioners were reinstated into the service on 29.07.2021 and they are continuing in service. But the appellants are only aggrieved with the order of the learned Single Judge to the extent of directing the appellants to pay the salaries to the petitioners including declaration of probation on par with the Ward Welfare and Development Secretary Grade-ll, who passed the Departmental test including the declaration of probation apart from paying the compensation to the writ petitioners/respondents herein. This extent of the
order is contrary to the appointment orders given to the respondents/writ petitioners in respect of each individual, which says that he/she will be paid Rs. 15,000/- per month on consolidated pay for a period of two years. On satisfactory completion of two years period of probation, he/she shall be given regular scale of pay. The probation period would commence from the date of joining of the said post. However, it can be extended at the discretion of the competent authorities. In respect of the matter of probation, he/she shall be governed by the conditions laid down under the A.P. State and Subordinate Service Rules and other Rules and instructions in this regard by the Government from time to time. During the period of probation also, it is required to undergo induction training and such other training courses and departmental tests as the Government may prescribe from time to time.
4 HBKM,J & HVN,J W.A. No. 62 of2025 On the other hand, the
learned counsel appearing for the respondents/writ petitioners submits that they have no grievance to complete the departmental tests and follow the terms and conditions of the appointment orders issued in respect of the each respondent/writ petitioner herein.
4.
5. In view of the above said facts and circumstances, the order of the learned Single Judge is modified to the effect that the respondents/writ petitioners herein shall be treated in accordance with law strictly following to the terms and conditions of appointment orders issued in respect of the each writ petitioner. In respect of the payment of salaries and arrears if any, is concerned, it shall be governed by the existing rules.
6. Accordingly, this Writ Appeal is disposed of. There shall be no order as to costs. As a sequel. Interlocutory Applications pending, if any, shall stand closed.
Sd/-M RAMESH BABU DEPUTY REGISTRAR iJ //TRUE COPY// SECTION OFFICER To,
1. Sri G. Nagaraju, The Regional Director cum Appellate Commissioner of Municipal Administration, Ananthapuram District.
2. Two CC’s to the Advocate General, High Court of A.P. at Amaravati fOPUC]
3. One CC to Sri P. V. Krishnaiah, Advocate [OPUC]
4. Three CD Copies. ssb
HIGH COURT DATED:29/01/2025
JUDGMENT WA.No.62 of 2025 18 FEB 20'5 ^ Current :>ection |T» Co a DISPOSING OF THE W.A. WITHOUT COSTS