Gummalla Narayana, S/0 G. Rangaiah, v. The A.P. Southern Power Distribution Company Limited,
WP/40569/2017 · 2025-12-23
Maheswara Rao Kuncheam
body2025
DailyLaw.ai
[ 2025 DAILYLAW 44833 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 44833 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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APHC010949182017
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)
WEDNESDAY,THE TWENTY FOURTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 40569 OF 2017 Between:
1. Gummalla Narayana, S/0 G. Rangaiah,, Shift Operator, 33/11 KV Sub- Station, A.P.S.P.D.C.L., Pagidalapalli, Kasinayana Section, Porumamilla Division, Kalasapadu Mandal, Kadapa District. ...Petitioner AND
1. The A P Southern Power Distribution Company Limited, (APSPDCL), Tirupati, Chittoor District, rep. By its Chairman & Managing Director. 2. The Superintending Engineer Operation A P S P D C L, Kadapa, Kadapa District. 3. The Divisional Engineer Operation A P S P D C L, Mydukur, Kadapa District. 4. The Asst Divisional Engineer Operation A P S P D C L, Porumamilla, Kadapa District. 5. The Asst Engineer Operation A P S P D C L Kasinayani, Section, Kalasapadu Mandal, Kadapa District.
...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 action of the respondents 2 in orally instructing the petitioner to dispense with the service of the petitioner as Shift Operator in 33/11 KV Sub-Station, Y. Ramapuram or Pagidipalli Sub-Station, Mydukur Division Kadapa District on contract labour basis without paying salaries from June, 2017 and further action of the respondents in trying to engage the services of other persons in place of the petitioner on contract basis without following due process of law, as highly illegal, arbitrary and violative of Art.14 & 16 of the Constitution of India and consequently direct the respondents to continue the services of the petitioner as Shift Operator in 33/11 KV Sub-Station, Y. Ramapuram or Pagidipally Sub-Station, Mydukur Division, Kadapa District IA NO: 1 OF 2017(WVMP 5201 OF 2017 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 vacate the interim orders dt: 11.12.2017 passed in W.P.M.P.No. 5.367/2017 in W.P.No.40569 of 2017 IA NO: 2 OF 2017(WPMP 50367 OF 2017 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 continue the services of the petitioner as Shift Operator, 33/11 KV Sub-Station, Y. Ramapuram or Pagidalapalli Sub-Station, Mydukur Division, Kadapa District by paying the salaries to the petitioner since, June, 2017 onwards pending disposal of the writ petition Counsel for the Petitioner: N M KRISHNAIAH Counsel for the Respondents: Venkata Rama Rao Kota SC FOR APSPDCL Counsel for the Respondents: V R REDDY KOVVURI (SC FOR APSPDCL) 3 Counsel for the Respondents:JAGARLAMUDI KOTESWARI DEVI(SC FORAPSPDCL) The Court made the following order: 4 HON’BLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION No.40569 OF 2017 ORDER: The instant writ petition has been filed by the petitioner under Article 226 of Constitution of India seeking the following main prayer: “to issue a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in orally instructing the petitioner to dispense with the service of
the petitioner as Shift Operator in 33/11 KV Sub- Station, Y. Ramapuram or Pagidipalli Sub-Station, Mydukur Division Kadapa District on contract labour basis without paying salaries from June, 2017 and further action of the respondents in trying to engage the services of other persons in place of the petitioner on contract basis without following due process of law, as highly illegal, arbitrary and violative of Art.14 & 16 of the Constitution of India and consequently direct the respondents to continue the services of the petitioner as Shift Operator in 33/11 KV Sub-Station, Y. Ramapuram or Pagidipally Sub-Station, Mydukur Division, Kadapa District….” 2. As seen from the record, at the initial stage, this Court granted interim direction on 11.12.2017. Consequent to the said interim direction, the petitioner is being continuing in the 3rd respondent Corporation as a Shift Operator on contract basis. 3. Today, when the matter is taken up for hearing, learned counsel for the petitioner Sri N.M.Krishnaiah, represented by
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Sri Janardhan Rao, as well as learned Standing counsels for the respondents, jointly submitted that in terms of interim direction, the petitioner’s services are being continued in the respondents corporation, hence the present writ petition may be disposed of by making the interim orders absolute. 4. In view of the submissions made by both the learned counsel, the present writ petition is disposed of in the following manner:
“1.The respondents are directed not to discontinue the services of the petitioner without following due process of law;
2. If they found any irregularity in the services of the petitioner, they are at liberty to take action against the petitioner; however, by strictly complying the principles of natural justice and also due process of law.”
5. There shall be no order as to costs. Miscellaneous petitions pending if any, shall stand closed.
______________________________ MAHESWARA RAO KUNCHEAM, J Date:24.12.2025 Rns
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THE HON’BLE SRI JUSTICE MAHESWARA RAO KUNCHEAM
WRIT PETITION No.40569 of 2017
Date:24.12.2025 Rns