IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE TWENTY SECOND DAY OF JANUAR)^ TWO THOUSAND AND TWENTY FIVE o K PRESENT THE HON’BLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 1336 OF 2025 Between: N. Ramalingeswara Rao, S/o. Late N.Venkateswarlu, Aged 45 years, Occ; Junior Assistant, O/o. ADA (R) Office, Macherla R/o. A/8, N.S.P Colony, Karampudi, Palanadu District. ...PETITIONER AND The State of Andhra Pradesh, Rep. by its Special Chief Secretary Agriculture and Cooperation Department Secretariat Buildings, Velagapudi. Guntur District, A.P. The Commissioner and Director of Agriculture, Government of Andhra Pradesh, Old Mirchi Yard, Nallapadu Road, Guntur. The District Agriculture Officer, Grama Sachivalayam, Lingamguntla-2 Narasaraopet, Palnadu Dist.-522601 The Asst. Director of Agriculture (R), Market yard compound, Macherla, Palanadu District-522426. The District Collector, Palanadu District, Narasaraopet. The State of Andhra Pradesh, Rep. by its Principal Secretary, Department of Finance, Secretariat Buildings, Velagapudi. Guntur District, A.P. 1. 2. 3. 4. 5. 6. ...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 in the nature of Writ of Mandamus declaring the impugned Memo No. A5 (3) 1888147/2022 dated 31-07-2023, issued by the 2"^^ respondent, rejecting the request of petitioner for counting his services rendered from 4 12-07-2003 to 01-11-2006 as Additional Panchayat Secretary on contract basisjjyi Angalakudur Village, Tenali Mandal, Guntur District, for granting ” pbnsiqnpary and other retrial benefits duly taking into consideration of the Orders, passed by the Hon’ble Supreme Court of India in SLP (C) \Nos‘.28a85- 28386/2012 dated 17-11-2015, as illegal, arbitrary and violative of Article 14, 16 and 21 of the Constitution of India, apart from being violative of principles of natural justice, consequently set aside the Respondent to count the petitioners service nd same, by directing the 2 from 12-07-2003 to 01-11-2006 for pensionary and retirement benefits, in accordance with the Orders passed by the Hon’ble Supreme Court of India in SLP (C) Nos.28385-28386/2012 dated 17-11 -2015. Counsel for the Petitioner : SRI VENKATA RAMA RAO KOTA Counsel for the Respondent Nos.1 to 5 : GP FOR SERVICES II Counsel for the Respondent No.6 : GP FOR SERVICES I The Court made the following: ORDER APHC010019272025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) of [3331] WEDNESDAY ,THE TWENTY SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 1336/2025 Between: 1.N RAMALINGESWARA RAO, S/0. LATE N.VENKATESWARLU, . AGED 45 YEARS, OCC. JUNIOR ASSISTANT, 0/0 ADA (R) OFFICE, MACHERLA R/0. A/8, N.S.P COLONY, KARAMPUDI, PALANADU DISTRICT. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS SPECIAL CHIEF SECRETARY AGRICULTURE AND COOPERATION DEPARTMENT SECRETARIAT BUILDINGS, VELAGAPUDI. GUNTUR DISTRICT, A.P. 2.THE COMMISSIONER AND DIRECTOR OF AGRICULTURE, GOVERNMENT OF ANDHRA PRADESH, OLD MIRCHI YARD, NALLAPADU ROAD, GUNTUR. 3.THE DISTRICT AGRICULTURE OFFICER, GRAMA SACHIVALAYAM, LINGAMGUNTLA-2 NARASARAOPET, PALNADU DIST.-522601 4.THE ASST DIRECTOR OF AGRICULTURE R, MARKET YARD COMPOUND, MACHERLA, PALANADU DISTRICT-522426. 5.THE DISTRICT COLLECTOR, PALANADU DISTRICT, NARASARAOPET. 6.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL 2 4 SECRETARY, DEPARTMENT OF FINANCE, SECRETARIAT BUILDINGS, VELAGAPUDI. GUNTUR DISTRICT, A.P ...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 in the nature of Writ of Mandamus declaring the impugned Memo No. A5 (3) 1888147/2022 dated 31-07-2023, issued by the 2nd respondent, rejecting the request of petitioner for counting his services rendered from 12-07-2003 to 01-11-2006 as Additional Panchayat Secretary on contract basis in Angalakudur Village, Tenali Mandal, Guntur District, for granting pensionoary and other retrial benefits duly taking into consideration of the Orders passed by the Honble Supreme Court of India in SLP (C) Nos.28385- 28386/2012 dated 17-11-2015, as illegal, arbitrary and violative of Article 14, 16 and 21 of the Constitution of India, apart from being violative of principles of natural justice, consequently set aside the same, by directing the 2nd espondent to count the petitioners service from 12-07-2003 to 01-11-2006 for pensionary and retirement benefits, in accordance with the Orders passed by the Honble Supreme Court of India in SLP (C) Nos.28385-28386/2012 dated 17- 11-2015, and to pass such Counsel for the Petitioner: 1 .VENKATA RAMA RAO KOTA Counsel for the Respondent(S): 1.GP FOR SERVICES I 2.GP FOR SERVICES II The Court made the following ORDER: Heard Sri Venkata Rama Rao Kota, learned counsel for the petitioner and Sri K.Ramalingeswara Rao, learned Government Pleader for the respondents. Impugning the Memo No.A5 (3) 1888147/2022 dated 31.07.2023 issued by the 2'"'' respondent rejecting the claim of the petitioner, counting contractual 2. % 3 service, rendered from 12.07.2003 to 01.11.2006, the above writ petition is filed. (a) Petitioner’s father. Agricultural Extension Officer, retired from on medical invalidation on 13.11.2000 and thereafter, the petitioner appointed as Additional Panchayat Secretary at Angalakuduru Gram Panchayat on a contract basis in terms of G.O.Ms.No.295 PR & RD (Mandal- II) Department, dated 02.08.2002 in terms of Rule 9 of APS & SS Rules, 1996 and as per the orders issued by the Collector-cum-District Magistrate, Guntur dated 11.07.2003. Thereafter, by proceedings No.2982/2003/G4/62, dated 18.09.2006 passed by the Collector (Panchayat Wing), Guntur (Ex.P.6), the petitioner’s appointment on contract basis as Additional Panchayat Secretary was withdrawn. The petitioner was relieved from services by proceedings RC.NO.90/2006/A, dated 02.11.2006 (Ex.P.7). (b) The petitioner made representation dated 10.10.2022 seeking an appointment on compassionate grounds. The Government issued G.O.Ms.No.107 A & C (Agri.lV) Department, dated 21.04.2008 and decided to appoint the petitioner on compassionate grounds in a suitable post based on his educational qualification. Accordingly, the petitioner was appointed Junior Assistant in the office of Assistant Director of Agriculture ®, Macherla vide Rc.No.Estt. 1548/08, dated 23.08.2008 (Ex.P.9). 3. service was as (c) The petitioner made a representation dated 15.07.2016 (Ex.P.5) to consider the service rendered by him as Additional Panchayat Secretary from 12.07.2003 to 01.11.2006 for service benefits. Since his representation is not considered, the petitioner filed W.P.No.29583 of 2022 and the said writ petition was disposed of on 14.09.2022 directing the learned 2"^^ respondent to pass appropriate orders. Acting upon the order in W.P.No.29583 of 2022, the 2"'^ respondent by Memo No.A5(3) 1888147/2022, dated 31.07.2023 rejected the claim of the petitioner. Impugning the said memo, the above writ petition is filed. 4 Learned counsel for the petitioner would submit that the 2"^^ respondent has no jurisdiction to pass the order and the respondent is the competent authority to pass the order. Learned Government Pleader for Services would fairly submit that the 2"^^ respondent has no authority or jurisdiction and it is the respondent the competent authority to pass orders. Ex.P.1 memo is dated 31.07.2023 and the writ petition is filed after one and half years. The petitioner made a representation dated 15.07.2016 (Ex.P.5) and thereafter the order impugned was passed. In the light of the submissions made by the learned counsel on either side, since the 2""^ respondent has no jurisdiction to pass the memo impugned (Ex.P.1), the Memo dated 31.07.2023 is liable to be set aside. However, considering the time gap, this Court deems it appropriate to respondent to forward the representation dated 15.07.2016 (Ex.P.5) to the 1®^ respondent within three (3) weeks from the date of receipt of the copy of this order. Upon receipt of the said representation, the learned 1®‘ respondent shall consider the same and pass appropriate orders strictly as per the Rules as expeditiously as possible. 4. 5. 6. 7. 8. nd direct the learned 2 With the above observations, the Writ Petition is disposed of. No order 9. as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. SD/- G. HELA NAIDU ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Special Chief Secretary Agriculture and Cooperation Department, State of Andhra Pradesh, Secretariat Buildings, Velagapudi. Guntur District, A.P. t 2. The Commissioner and Director of Agriculture, Government of Andhra Pradesh, Old Mirchi Yard, Nallapadu Road, Guntur. 3. The District Agriculture Officer, Grama Sachivalayam, Lingamguntla-2 Narasaraopet, Palnadu Dist.-522601. 4. The Asst. Director of Agriculture (R), Market yard compound, Macherla Palanadu District-522426. 5. The District Collector, Palanadu District, Narasaraopet. 6. The Principal Secretary, Department of Finance, State of Andhra Pradesh, Secretariat Buildings, Velagapudi. Guntur District, A.P. 7. One CC to Sri Venkata Rama Rao Kota, Advocate [OPUC] 8. Two CCs to GP for Services II, High Court of Andhra Pradesh. [OUT] 9. Two CCs to GP for Services I, High Court of Andhra Pradesh. [OUT] 10.Three C.D. Copies. Cnr T 9 HIGH COURT DATED:22/01/2025 ORDER WP.No.1336 of 2025 15 MAR 2125 | Current Section ^ Ottc ♦ ^ ■r DISPOSING THE W.P. WITHOUT COSTS