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2025 DAILYLAW 46865 (AP)

G.Tirupathi Rao, v. The State Of Andhra Pradesh

WP/26190/2025 · 2025-09-22

Nyapathy Vijay

body2025

Judgment text

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1 APHC010506282025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] TUESDAY,THE TWENTY THIRD DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 26190/2025 Between: G.Tirupathi Rao ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. K R SRINIVAS Counsel for the Respondent(S): 1. GP FOR SERVICES II The Court made the following: 2 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY W.P. No.26190 of 2025 ORDER: The present Writ Petition is filed questioning the action of the Respondent Nos. 1 and 2 in not passing orders on the Letter vide R.C.No.179/2020/A1, dated 10.10.2024 of the Respondent No.3 for creation of a supernumerary post in the cadre of Assistant Engineer for regularization of the Petitioner as illegal and arbitrary. 2. The Petitioner was appointed as Supervisor (Housing) in ITDA, Parvathipuram, on a consolidated pay of Rs.1,200/- per month on 06.07.1986, and thereafter, the Petitioner was placed in a time scale in the cadre of Assistant Engineer with effect from 01.05.1992.Later, he was allowed to pay in the cadre of Assistant Engineer vide R.C. No. 1154/93, A1, dated 12.08.1994. 3. The petitioner was being granted annual increments regularly, and his pay was revised from time to time and for all practical purposes was treated as a regular Government Employee. Therefore, the Petitioner sought regularization of his service. Taking note of the representation of the Petitioner, the Respondent No. 3 had recommended to the Respondent No. 1 vide R.C. No. 179/2020/A1, dated 10.10.2024, to create a supernumerary post for effecting regularization of the Petitioner. The relevant port of the Letter reads as under: 3 “ In view of the circumstances explained above, I request the Director of Tribal Welfare, A.P, Vijayawada, to submit the proposals to the Principal Secretary to Government (TW), AP, Amaravathi, to create one Assistant Engineer Supernumerary post to Sri G. Tirupathi Rao, ITDA, Parvathipuram, for drawl of salaries and other service benefits through Sub Treasury, Parvathipuram for avoiding future legal complications if any, as the individual will be retired from Government Service on the A.N of 31.08.2027 on superannuation at the age of 62 years”. 4. Learned Assistant Government Pleader submits that the representation of the Petitioner would be considered as expeditiously as possible. 5. Having heard the respective counsel and taking note of the recommendation made by the Respondent No. 3 in the Letter dated 10.10.2024 vide R.C.No.179/2020/A1, the Respondent No. 1, the Respondent Authorities are directed to consider creation of a supernumerary post to enable regularization of service of Petitioner and pass necessary orders within a period of four months from the date of receipt of a copy of this order. 6. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, the miscellaneous Petitions, if any, shall stand closed. __________________ NYAPATHY VIJAY, J Date:23.09.2025 eha 4 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WP No.26190 of 2025 Date:23.09.2025 eha U