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2025 DAILYLAW 44258 (AP)

PERAVALI PERESWARA RAO v. THE STATE OF AP

WP/10740/2025 · 2025-04-29

Challa Gunaranjan

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

I IN THE HIGH COURT OF ANDHRA PRADESH :: (Special Original Jurisdiction) WEDNESDAY, THE THIRTIETH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 10740 OF AMARAVATI Between: Peravali Pereswara Rao, S/o. Kotaiah, Aged about 54 Years, Occ: MRC, R/o Door No.4-1, Abbineniguntapalem Village Guntur District. Pedanandipadu, Mandal ...PETITIONER AND 1. The State of Andhra Pradesh, Rep by its Principal Secretary Water Supply and Sanitation Department, Secretariat, Amaravathi. 2. The District Collector, Guntur District. 3. The Member Secretary, District Water Sanitation Committee Superintendent Engineer, Rural Water Supply and Sanitation Guntur. 4. The Superintendent Engineer, Rural Water Supply Circle Guntur. 5. The Mandal Parishad Development Officer, Pedanandipadu Mandal Guntur District. 6. The Station House Officer. Pedanandipadu Police Station District. Rural Velagapudi, and , Circle and Sanitation, , Guntur ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue a writ or writs or order or orders the nature of Writ of Mandamus may one more particularly in to declare the action of the 3 rd th to 5 Respondents in not releasing Petitioners salary December 2024 and not permitting to attend duties since January 2025 of on the ground that F.I.R No.82/2024 dated 6/6/2024 file the Respondent Police Station and consequently direct the to S’" Respondents Petitioners salary since October 2024 to till date with 9 percent per annum and permit to attend duties. from October 2024 to was registered on the illegal, arbitrary and unconstitutional to forthwith release as lA NO: 1 OF 2n9fi Petition under Section 151 CPC stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the direct the 3'“ to S’" Respondents to permit the Petitioner to attend duties by releasing the Counsel for the Petitioner: SRI SYED KHADER MASTAN Counsel for the Respondent Nos.1,3 & 4: GP FOR SERVICES-II Counsel for the Respondent Nos.2 & 6: praying that in the circumstances arrears of salary without interest. GP FOR SERVICES-I Counsel for the Respondent No.S.SRI G. SRINIVASULU REDDY, SC FOR ZPP, MPP & GRAM PANCHAYAT The Court made the following: ORDER / APHC010204242025 / IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY .THE THIRTIETH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 10740/2025 [3506] Between: Peravali Pereswara Rao ...PETITIONER AND The State Of Ap and Others Counsel for the Petitioner: ...RESPONDENT{S) 1.SYED KHADER MASTAN Counsel for the Respondent(S): 1.GP FOR SERVICES I 2.GP FOR SERVICES II #’' The Court made the following; ORDER: The present Writ Petition is filed under Article 226 of the Constitution of India for the following relief/s;- “...to issue an appropriate writ order or writs or order or orders one more particularly in the nature of Writ of Mandamus to declare the action of the 3rd to 5th Respondents in not releasing Petitioners salary from October 2024 to December 2024 and not permitting to attend duties since January 2025 of the ground that FJ.R.No.82/2024 dated 6/6/2024 was registered on the file the Respondent Police Station as illegal arbitrary and unconstitutional and consequently direct the 3rd to 5th Respondents to forthwith release Petitioners salary since October 2024 to till date with 9 percent per annum and permit to attend duties and be pleased to pass such other order or orders...” Heard learned counsel for petitioner, Sri G.Srinivasulu Reddy, learned Standing Counsel and learned Assistant Government Pleader for Services-I for respondents. on 2. Learned Standing counsel appearing for respondent No.5 has placed record written instructions dated 28.04.2025 stating that petitioner has been engaged as Sakshra Bharath Mandal Coordinator on outsourcing basis based under Swachha Bharat Mission (Grameen) Phase II at fixed remuneration of Rs. 13,000/- through APCOS by proceedings dated 20.07.2023 and has been discharging duties accordingly. He was issued Duty Certificate for the period of October 2024 to December 2024 claiming remuneration and further that petitioner was never obstructed to discharge duties. However, from January 2025 onwards, petitioner has stopped attending to duties on his own and reporting to respondent No.5. 3. on 4- In view of the aforesaid already issued Duly Certificate 2024 for claiming written instructions that the respondents have 2024 to December for the months of October remuneration and that they discharge duties, it would suffice to dispose are not obstructing petitioner the writ petition with to a direction to in case there are respondents to initiate say that as Duty paid salary for the said respondents to allow the any allegations disciplinary action i Certificate has already been period. petitioner to discharge duties and i against him, it is left open to the in accordance with law. It i - IS needless to issued, petitioner shall be 5. Accordingly, the Writ Petition order as to costs. stands disposed of. There shall be no As a sequel, mi miscellaneous applications. pending if any, shall stand closed. Sd/-U.SWDEVl ASSISTANTREGISTRAR OFFICER //TRUE COPY// SECT' To, 1. The Principal Secretary, Rural Water Supply and Sanitation Department, State of Andhra Pradesh, Secretariat Amaravathi. 2. The District Collector, Guntur District. 3. The Member Secretary, District Water Sanitation Superintendent Engineer, Rural Water Supply and Sanitation, Circle Guntur. 4. The Superintendent Engineer, Rural Water Circle Guntur. 5. The Mandal Parishad Development Officer, Guntur District. 6. The Station House Officer, Pedanandipadu District. Velagapudi Committee and Supply and Sanitation, Pedanandipadu Mandal, Police Station, Guntur 7. One CC to Sri Syed Khader Mastan, Advocate [OPUC] 8. One CC to Sri G. Srinivasulu Reddy, SC for ZPP, MPP & Gram Panchayat[OPUC] 9. Two CCs to GP for Services-ll, High Court of Andhra Pradesh. [OUT] 10. Two CCs to GP for Services-!, High Court of Andhra Pradesh. [OUT] 11. Three CD Copies. ssb HIGH COURT DATED;30/04/2025 ORDER WP.No. 10740 of 2025 > 2" 2 SEP 2025 ? X f/ o ^ , Current Section ^ DISPOSING OF THE W.P. WITHOUT COSTS