APHC010757482011 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] FRIDAY, THE FOURTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No. 22519 of 2011 Between: 1. K.SANKARA RAO, VIZIANAGARAM DISTRICT, S/O.RAMULU WORKING AS SECURITY GUARD IN AGRICULTURAL MARKETING ,PARVATHIPURAM VIZIANAGARAM DISTRICT ...PETITIONER AND 1. THE COMMISSIONER DIRECTOR AGRICULTURAL MARKETING 2 OTHER, GOVT OF ANDHRA PRADESH, SECRETARIAT,HYDERABAD 2. THE SECRETARY AGRICULTURAL MARKETING COMMITTEE, PARVATHIPURAM, VIZIANAGARAM DISTRICT 3. THE PERSON INCHARGE AGRICULTURAL MARKETING COMMITTEE, PARVATHIPURAM, VIZIANAGARAM DISTRICT ...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 toto issue a writ or order or direction more particularly one in the nature of writ of mandamus declaring the high handed action of the respondents 2 and 3 in not continuing the petitioner as a Security Guard in the respondents office is arbitrary, bad and illegal, and violation of Article 14 of Constitution of India and also violation of principles of natural justice consequently direct the respondents to continue the petitioner as a Security Guard, in the interest of justice and pass Counsel for the Petitioner: 1. KURITI BHASKARA RAO Counsel for the Respondent(S): 1. B PRAKASAM (Sr SC FOR A M C )-22156/AP/542/2004 2. GP FOR AGRICULTURE 3. B PRAKASAM (Sr SC FOR A M C ) The Court made the following: 2 ORDER: Heard the learned counsel for the petitioner and Smt. G.N.Uma Rani, learned Standing Counsel for Agricultural Marketing Committee, appearing for the respondent Nos.2 and 3. 2. The present writ of mandamus is filed to declare the high-handed action of the respondent Nos.2 and 3, who are the Officers of the Agricultural Marketing Committee, in not continuing the petitioner as Security Guard in the respondent’s office, is arbitrary, bad and illegal and in violation of Article 14 of the Constitution of India and also in violation of principles of natural justice; and consequently, prayed to direct the respondents to continue the petitioner as Security Guard in the interest of justice. 3. The facts that narrated in the affidavit filed in support of the Writ Petition are that the petitioner was appointed as a Security Guard in the office of the Agricultural Marketing Committee on 13.09.1995 and joined duty at Kuneru Check Post, vide proceedings in Rc.No.137/U.D.95 dated 09.09.1995. Since then, the petitioner has been discharging his duties as Security Guard with utmost satisfaction to his superiors without any remark and the cash receipt book No.131 (the receipts will be issued to the vehicles crossing the checkpoints) was taken away by unknown persons and one G.Chandramouli, who is working as UDC in the office of respondents 2 and 3 has pointed the finger at the petitioner. Due to doctoring a malice towards the petitioner, the respondent Nos.2 and 3 stopped the payment of the salary from April, 2011 onwards and the petitioner is discharging his duties for the last 15 years and the 3 respondent No.3 has orally instructed the petitioner not to come to office hereinafter. 4. Accordingly, the petitioner filed the present Writ Petition challenging the action of the second respondent in orally asking him not to attend the duties with effect from 01.10.2010 on the ground that no notice was issued or no enquiry was conducted and direction to the petitioner not to attend the office without following the procedure as established by law amounts to arbitrary and illegal, hence, prayed to direct the respondents to continue the petitioner as Security Guard in the office of the respondent Nos.2 and 3. 5. No, interim direction or protection was granted by the court to the petitioner while ordering notice to the respondents. 6. The respondents have not filed any counter affidavit. A copy of notice dated 25.04.2011 in Letter No.14/2011 addressed to the petitioner was available in the court file. The court observed from the notice directed to the petitioner that the petitioner continued to make similar mistakes, despite being warned, and showed no change in attitude, hence, the petitioner was surrendered to the Security Agency, through whom he was facilitated in the office of respondent Nos.2 and 3. 7. Learned counsel appearing for respondent Nos.2 and 3 would submit that the petitioner is not the employee of the respondent Nos.2 and 3 and he is a contract employee and his appointment was not made in accordance with regular appointment and no approval was accorded for the relief claimed by the petitioner. Hence, prayed to dismiss the 4 Writ Petition, as the petitioner is a contract employee and he is not entitled for any relief. It is also stated that the petitioner was not in service since 25.07.2011. 8. The Hon’ble Supreme Court in Yoesh Mahajan Vs. Prof. R.C. Deka Director, All India Institute of Medical Sciences reported in (2018)3 SCC 218, has held that contractual employee has no right to have his/her contract renewed in the absence of any statutory or other right in his favour. 9. As seen from the narration of the facts from the affidavit filed in support of the Writ Petition, the petitioner’s appointment was not made with any regular procedure or by following necessary rules. As such, no right accrued in favour of the petitioner for the relief prayed and there is nothing on record to indicate that the appointment of the petitioner on contractual basis or on ad hoc basis was made in accordance with any regular procedure or by following necessary rules. Hence, no right accrues in favour of the petitioner for the relief of continuation in the service after lapse of 14 years. 10. Accordingly, the Writ Petition is dismissed. There shall be no order as to costs. As a sequel, interlocutory applications pending, if any, in this Writ Petition, shall stand closed. __________________________________ JUSTICE TARLADA RAJASEKHAR RAO Date: 04.07.2025 siva 5 THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.22519 OF 2011 Date: 04.07.2025 siva