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2025 DAILYLAW 41939 (AP)

THE STATE OF AP v. P SHAIKSHAVALI

WP/7446/2019 · 2025-11-05

Cheekati Manavendranath Roy, Tuhin Kumar Gedela

body2025

Judgment text

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APHC010172682019 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3558] THURSDAY,THE SIXTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA WRIT PETITION NO: 7446/2019 Between: 1. THE STATE OF AP, REP. BY ITS SECRETARY, WATER RESOURCE DEPARTMENT SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE AND PLANNING DEPARTMENT SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 3. THE ENGINEER-IN-CHIEF (IW), WATER RESOURCE DEPARTMENT VIJAYAWADA, KRISHNA DISTRICT. 4. THE SUPERINTENDING ENGINEER, SRBC CIRCLE NO.1, NANDYAL, KURNOOL DISTRICT. 5. THE EXECUTIVE ENGINEER,, SRBC DIVISION NO.3, NANDYAL, KURNOOL DISTRICT. 6. THE DEPUTY EXECUTION ENGINEER, SRBC SUB DIVISION NO1,NANDYAL,KURNOOL DISTRICT ...PETITIONER(S) AND 1. P SHAIKSHAVALI, S/o P.Siddaiah aged about 50 years, working as Contingent Watchman, SRBC Sub-Division No.1, Nandyal, Kurnool District. ...RESPONDENT 2 CMR,J & GTK,J W.P.No.7446 of 2019 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 an appropriate Writ, Order or direction, more particularly one in the nature of Writ of Certiorari calling for the records relating to and connected with 0.A.No.3177/2017, dated 23-11-2017 on the file of the Hon'ble A.P. Administrative Tribunal, Hyderabad and to quash or set aside the order made in 0.A.No.3177/2017 by holding as erroneous and contrary to law and pass IA NO: 1 OF 2019 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 23-11-2017 made in O.A.No.3177/2017 on the file of the Hon'ble Andhra Pradesh Administrative Tribunal, Hyderabad pending disposal of the Writ Petition and pass Counsel for the Petitioner(S): 1. GP FOR SERVICES II Counsel for the Respondent: 1. The Court made the following: 3 CMR,J & GTK,J W.P.No.7446 of 2019 ORDER: (Per Hon’ble Sri Justice Cheekati Manavendranath Roy) Heard learned Government Pleader for Services-II, for the Writ Petitioners. Despite service of notice on respondent, he did not enter his appearance and did not contest this writ petition. 2. The respondent is a Contingent employee working as Watchman in SRBC Sub-Division, Nandyal. He was appointed as Contingent employee on 01.06.1991, and since then, he is working in the said capacity. He was appointed as a daily wage employee on payment of Rs.314/- per day. Subsequently, he has approached the A.P. Adminsitrative Tribunal (for short “the Tribunal”), Hyderabad, seeking minimum time scale on par with the regular employees appointed as Watchman in the same department. The Tribunal allowed the said claim and directed the respondents therein to pay the minimum time scale to him. Aggrieved thereby, the present writ petition has been filed by the petitioners. 3. At the time of hearing the writ petition, learned Government Pleader for Services-II, on instructions, submits that subsequently the Government has issued G.O.Ms.No.142, Finance (HR.I-Plg & Policy) Department, dated 27.08.2018, granting minimum time scale to the Full-time/ NMR/Daily Wages/Consolidated Pay/Part-time employees and that the respondent herein has been drawing the said salary as per the time scale provided under the aforesaid G.O., as per the proceedings No.SE/SRBC.I/ NDL/AB/A.3/N.1/Vol.18/ 880 M, dated 06.11.2018, issued by the Superintending Engineer, SRBC Circle No.1, Nandyal. Therefore, he submits that the grievance of the respondent has been adequately redressed. 4. In that view of the matter, nothing survives for adjudication in this writ petition. 5. Recording the same, the Writ Petition is disposed of confirming the order of the Tribunal. There shall be no order as to costs. 4 CMR,J & GTK,J W.P.No.7446 of 2019 6. As a sequel, Miscellaneous Applications pending, if any, shall stand closed. _________________________________________ CHEEKATI MANAVENDRANATH ROY, J ________________________ TUHIN KUMAR GEDELA, J Date : 06-11-2025 BMS