IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) FRIDAY, THE SECOND DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT m IS z THE HONOURABLE SRI JUSTICE CHALLA GUNARANJ •m WRIT PETITION NO: 11515 OF 2025 Between: 1. Kinjarapu Venkata Ramana S/o. Late Rammurthy Naidu, Aged about 53 Years, working as Deputy Asst. Commissioner (ST), R/o. D. NO.42-4, Prashantinagar Colony, Behind Gitanjali School, Srikakulam District - 532 001. 2. Latchireddy Padmavathi, D/o. Swami Naidu, Aged 51 Years, working as Deputy Asst. Commissioner (ST), R/o. Flat No.510 East, Srikrishna Residency, Sirigudi Nagar, Yendada, Visakhapatnam - 530 045. 3. Uppada Kesavara Rao, S/o. Late Parasayya, Age 59 Years, working as Deputy Asst. Commissioner (ST), R/o. H.No.23-114, Lakshminagar, Maruthinagar, 1 Town, Narasannapeta Post and Mandal, Srikakulam District-532 421. 4. Bhanu Reddi, D/o. Sivunnaidu Reddi, Age 50 Years, working as Deputy Asst. Commissioner (ST), R/o. Flat No.202, Puppala Towers, Pithapuram Colony, Visakhapatnam District. 5. Pasupureddy Venkata Sailaja, D/o. Apparao, Age 52 Years, working as Deputy Asst. Commissioner (ST), R/o. GF-17, A.S. Padmaja Pride Apartment, Beside BSNL Office, Kommadi Junction, Visakhapatnam. 6. Tutiki Dharma Rao, S/o. Late Neelakantam Age 55 Years, working as Asst. Commissioner, R/o. F. No.101, A.S. Endive, Opposite More Super Market, Near Kotak School, Main Road, Chinna Waltair, Visakhapatnam. ...PETITIONERS AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Finance (CT), Secretariat Buildings, Velagapudi,Amaravati. 2. The Chief Commissioner (ST), Kunchanapalli, Guntur District. 3. The Joint Commissioner (ST), Nodal Division, Kakinada. ...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 inaction of the 2"'* respondent not passing any orders on the appeals filed by the Petitioners against the endorsement orders of 3'^ Respondent vide Rc. No.518/2013/A7 dt.03.01.2025 wherein rejecting for fixation of inter-se seniority between 2001 & 2005 batches was fixed based on the final merit list communicated by the APPSC as per the Hon’ble Supreme Court direction wherein refix the Petitioners Notional pay and allowances as per FR26(aa) is illegal, arbitrary, capricious and violative of Articles 14, 16 and 21 of Constitution of India consequently direct the 2^^ Respondent to dispose the appeal made by the petitioners in terms of FR26(aa) within stipulated time. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the 2"'^ Respondent to dispose of the appeals filed by the Petitioners against the endorsement orders of 3"'^ Respondent vide Rc.No.518/2013/A7 dt. 03.01.2025 in terms of FR26(aa) within a stipulated time, pending disposal of the above writ petition. Counsel for the Petitioners : SRI N. A. RAMACHANDRA MURTHY Counsel for the Respondents: GP FOR COMMERCIAL TAX The Court made the following: ORDER APHC010221172025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3506] FRIDAY, THE SECOND DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 11515/2025 Between; ...PETITIONER Kinjarapu Venkata Ramana AND ...RESPONDENT The State Of Andhra Pradesh Counsel for the Petitioner: 1.N A RAMACHANDRA MURTHY Counsel for the Respondent 1. 7 / 2 J HCGR.J W.P.No.11515of2025 The Court made the following Order: This Writ Petition is filed under Article 226 of the Constitution of India for the following relief/s:- “...to issue an appropriate a writ, order or direction more particularly one in the nature of writ of Mandamus declaring the inaction of the 2^^ Respondent in not passing any orders on the appeals filed by the Petitioners against the endorsement orders of Respondent vide Rc.No.518/2013/A7 dt.03-01-2025 wherein rejecting for fixation of inter-se seniority between 2001 & 2005 batches was fixed based on the final merit list communicated by the APPSC as per the Hon'ble Supreme Court direction wherein refix the Petitioners Notional pay and allowances as per FR26(aa) is illegal, arbitrary, capricious and violative of Articles 14, 16 and 21 of Constitution of India. Consequently, direct the Respondent to dispose of the appeal made by the Petitioners in terms of FR26(aa) within stipulated time and to pass such other order or orders....” 2. Heard Sri N.A.Ramachandra Murthy, learned counsel for the petitioners and learned Assistant Government Pleader for Service-1 appearing on behalf of the respondents. 3. Petitioners are working as Deputy Assistant Commissioners (ST). They have been appointed through APPSC under Notification No.10/1999 in the year 2005 as Assistant Commercial Tax Officers in various zones. Initially under the aforesaid notification first batch of ACTOs were appointed in February 2001 and as there were some administrative issues, petitioners came to be appointed in the year 2005, though both appointees related to 3 HCGR.J W.P.No.11515 of 2025 same notification. By placing reliance on FR26(aa), petitioner’s claimed notional seniority along with first batch appointees. The said request came to be rejected vide endorsement, dated 03.01.2025 passed by the 3 respondent. Aggrieved by same, petitioners have preferred appeal before 2 respondent on 10.02.2025, which stated to be pending. rd nd 4. Learned counsel for the petitioners submits that it would suffice to direct the 2'^'^ respondent to dispose of the aforesaid appeal. Learned Assistant Government Pleader appearing for respondents submits that appeal is preferred on 10.02.2025 and that the appellate authority is in the process of dealing with same and the same would be considered and disposed in accordance with law. 5. In view of the aforesaid submissions, present writ petition is disposed of directing the 2"^^ respondent to consider and pass appropriate orders after providing an opportunity of hearing to petitioners by disposing the appeal within a. period of eight (8) weeks from the date of receipt of the order. There shall be no order as to costs. 6. As a sequel. Interlocutory Applications pending, if any, shall stand Sd/- M SRINIVAS ASSISTANT REGISTRAR SECaCf^OFFICER 1. The Principal Secretary, Finance (CT), State of Andhra Secretariat Buildings, Velagapudi, Amaravati 2. The Chief Commissioner (ST), Kunchanapalli, Guntur District A o ® Commissioner (ST), Nodal Division, Kakinada. t' Ramachandra Murthy, Advocate [OPUCl ^ (OUT^^^ Commercial Tax, High Court of Andhra 6. Three C.D. Copies. Cnr closed. //TRUE COPY// To, Pradesh, Pradesh. Y high court DATED;02/05/2025 ORDER WP.No.11515 of 2025 ^TOfANDS^ I ' 3 may 2025 m. Current Section %£^SPATCHtO>< ov disposing of the w p WITHOUT COSTS