Shaik Saibaba, v. Andhra Pradesh State Beverages Corporation Ltd. (APSBCL),
WP/33443/2025 · 2025-12-08
Nyapathy Vijay
body2025
DailyLaw.ai
[ 2025 DAILYLAW 50415 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 50415 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010646092025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] TUESDAY,THE NINTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 33443/2025 Between:
1. SHAIK SAIBABA,, S/O. SHAIK PEDA BUDE SAHEB, AGED ABOUT 39 YEARS, OCC OUTSOURCING EMPLOYEE,
R/O.2-48, GOGULAPADU VILLAGE, ROMPICHERLA MANDAL, PALANADU DISTRICT.
...PETITIONER AND
1. ANDHRA PRADESH STATE BEVERAGES CORPORATION LTD APSBCL, PROHIBITION AND EXCISE COMPLEX, IHC CORPORATE, MANGALAGIRI, REP. BY ITS MANAGING DIRECTOR.
2. GENERAL MANAGER ADMINISTRATION, ANDHRA PRADESH STATE BEVERAGES CORPORATION LTD.
(APSBCL), 1ST FLOOR. PROHIBITION AND EXCISE COMPLEX, IHC CORPORATE, MANGALAGIRI,
3. IMFL DEPOT, NARASARAOPET ANDHRA PRADESH STATE BEVERAGES CORPORATION LTD, NARSARAOPET, PALNADU DISTRICT, REPRESENTED BY ITS MANAGER.
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4. THE DEPOT MANAGER, ANDHRA PRADESH STATE BEVERAGES CORPORATION LTD, IMFL DEPOT, NARASARAOPET, PALNADU DISTRICT.
...RESPONDENT(S): 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 tomay be pleased to issue a writ,
order or direction, more particularly, one in the nature of WRIT OF MANDAMUS declaring the action of the and 4th respondents in verbally directing the petitioner to proceed on leave w.e.f. 26- 05-2025 and thereafter not allowing him to re-join duty as Data Entry Operator, IMFL Depot, Narasaraopet from 01-06-2025 till date, resulting in loss of salary and livelihood, despite his repeated requests and representations as illegal, arbitrary, unconstitutional and consequently direct the respondents to forthwith permit the petitioner to join duty as Data Entry Operator at IMFL Depot, Narasaraopet with continuity of service by paying wages including the arrears from 01-06-2025 and pass such IA NO: 1 OF 2025 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 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 and 4th respondents in verbally directing the petitioner to proceed on leave w.e.f. 26-05-2025 and thereafter not allowing him to re-join duty as Data Entry Operator, IMFL Depot, Narasaraopet from 01- 06-2025 till date, resulting in loss of salary and livelihood, despite his repeated requests and representations as illegal, arbitrary, unconstitutional and consequently direct the respondents to forthwith permit the petitioner to join duty as Data Entry Operator at IMFL Depot, Narasaraopet with continuity of service by paying wages including the arrears from 01-06-2025 and pass such
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Counsel for the Petitioner:
1. SASANKA BHUVANAGIRI Counsel for the Respondent(S):
1. V SRINIVASULA REDDY The Court made the following:
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THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.33443 of 2025
ORDER:
This writ petition is filed questioning the action of Respondent Nos.3 and 4 in orally directing the Petitioner to proceed on leave with effect from 26.05.2025 and for not allowing the Petitioner to re-join his duty as Data Entry Operator in IMFL Depot, Narasaraopet from 01.06.2025 as illegal and arbitrary.
2. The Petitioner was initially appointed in 2019 on outsourcing basis to perform scanning work in Respondent No.3- Depot. Thereafter, Petitioner was assigned to the post of Data Entry Operator in the Respondent No.3-Depot and was discharging his duties to the best of his ability.
3. Thereafter, on 25.05.2025, Respondent No.4 orally instructed the Petitioner to proceed on leave and accordingly Petitioner went on leave from 26.05.2025 to 31.05.2025. Later, Petitioner reported to duty on 01.06.2025 and requested Respondent No.4 to permit him to resume his duty. Respondent No.4 did not permit the Petitioner to join his duty. Hence, the present writ petition is filed.
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4. Learned Standing Counsel appearing for Respondent Nos.1 to 4 submits that Petitioner is entitled to join the Respondent Nos.1 to 4-Corporation and further submitted that, there is no restraint on Petitioner to join in the Respondent Nos.1 to 4-Corporation. Learned Standing Counsel denied the allegations in the writ petition.
5. Heard Sri Sasanka Bhuvanagiri, learned counsel for the Petitioner and learned Standing Counsel appearing for Respondent Nos.1 to 4-Corporation.
6. In the light of the above, this writ petition is disposed of with the following directions:- (i) Respondent Nos.1 to 4 are directed to continue the services of the Petitioner and shall ensure that the services of the Petitioner are not disturbed. (ii) There shall be no order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed.
________________________ JUSTICE NYAPATHY VIJAY Date : 09.12.2025 CHS
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THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY
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WRIT PETITION No. 33443 of 2025
Date : 09.12.2025
CHS