Research › Search › Judgment

High Court of Andhra Pradesh · body

2025 DAILYLAW 39071 (AP)

H. Siva Sankara Rao v. Andhra Pradesh State Warehousing Corporation

WP/39677/2018 · 2025-06-26

Venkata Jyothirmai Pratapa

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 APHC010822312018 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] FRIDAY, THE TWENTY SEVENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 39677/2018 Between: 1. H. SIVA SANKARA RAO, S/O SARWABHOWMA RAO, AGED ABOUT 39 YEARS, TECHNICAL ASSISTANT (C/S) A.P. STATE WAREHOUSING CORPORATION, NANDYAR (HG), KURNOOL DIST. ...PETITIONER AND 1. ANDHRA PRADESH STATE WAREHOUSING CORPORATION, REP.BY ITS MANAGING DIRECTOR, VIJAYAWADA, KRISHNA DIST. 2. THE STATE OF ANDHRA PRADESH, REP., BY ITS PRINCIPAL SECRETARY, MARKETING AND WEAREHOUSING DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DIST. ...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 declare the impugned Proc.No.APSWC/E6/340/2018 dt.13.08.2018 issued by the 1st respondent terminating the service of the petitioner by alleging stigmatic reasons even without conducting enquiry while initiating the disciplinary action under whom he is discharging duties, prior to figuring out the legitimate reasons of irregularities and fixing up sole responsibility against him about irregularities despite the fact that his Contract period is still in force upto 31.12.2018 and not considering appeal 2 dt.24.08.2018 and set aside the impugned order as illegal, arbitrary, unjust, discriminatory, breach of Contract Act as no prior notice was issued and violation of principles of natural justice and contrary to the law laid down on the subject matter besides being violation of Articles 14 and 21 of the Constitution of India and consequently hold that the petitioner is rightly entitled to reinstate to duty and continuing with all consequential benefits and to pass such other order or orders. IA NO: 1 OF 2018 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 reinstate the petitioner to duty and continuing in service by suspending the impugned Proc.No.APSWC/E6/340/2018 dt.13-08- 2018 issued by the 1st respondent pending disposal of the above W.P. and to pass such other order or orders. Counsel for the Petitioner: 1. A PHANI BHUSHAN Counsel for the Respondent(S): 1. A V G MADHAVA RAO The Court made the following: ORDER: Learned counsel for the petitioner would submit that in pursuance of the interim order passed by this Court, the respondent authorities considered the representation and rejected the claim of the petitioner. Thereafter, the petitioner has preferred another writ petition, that was disposed of directing the respondents to consider the request of the petitioner. Subsequently, the respondent authorities reinstated the petitioner into service as Technical Assistant on contract basis vide proceedings dated 02.06.2021. In that view, no further orders are required in this matter. 3 2. Learned Standing Counsel for respondents placed on record the Photostat copy of proceedings dated 02.06.2021 to show that the petitioner was reinstated into service. 3. In the light of the submissions referred supra, no further orders are required in this matter. 4. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 27.06.2025 ARR 4 234 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 39677/2018 Dt.27.06.2025 ARR