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2025 DAILYLAW 58743 (AP)

GOLLAPALLI RAJA BABU v. The State of Andhra Pradesh

WP/31683/2025 · 2025-11-19

Nyapathy Vijay

body2025

Judgment text

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APHC010612342025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] THURSDAY,THE TWENTIETH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 31683/2025 Between: 1. GOLLAPALLI RAJA BABU, S/O GOLLAPALLI SUBBA RAO, AGED ABOUT 62 YEARS, OCC SEASONAL WORKER IN IRRIGATION DEPT (RETIRED) R/O D.NO.1- 37, VEMAGIRIGUTTA, KADIYAM, VEMAGIRI MANDAL, EAST GODAVARI DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY, IRRIGATION DEPARTMENT (WATER RESOURCES), SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, ANDHRA PRADESH STATE. 2. THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY, FINANCE AND PLANNING DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, ANDHRA PRADESH STATE. 3. THE SUPERINTENDING ENGINEER, IRRIGATION CIRCLE, DOWLAISWARAM, EAST GODAVARI 2 DISTRICT. 4. THE EXECUTIVE ENGINEER, GODAVARI HEAD WORKS DIVISION, DOWLAISWARAM, EAST GODAVARI DISTRICT, ANDHRA PRADESH STATE. 5. THE DY EXECUTIVE ENGINEER, GODAVARI HEAD WORKS AND SUPPLIES SUB DIVISION, DOWLAISWARAM, EAST GODAVARI DISTRICT, ANDHRA PRADESH STATE. 6. THE ASSISTANT ENGINEER, WATER RESOURCES DEPARTMENT, RCO SECTION DOWLAISWARAM, EAST GODAVARI DISTRICT, ANDHRA PRADESH STATE. ...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 topleased to issue a Writ order or orders more particularly one in the nature of Writ of Mandamus declaring the action of the respondents particularly 5th respondent in issuing the Rc.D.E.E/ HW AND S/Dowlaiswaram/ 304-E dated 26.08.2025 refusing to pay the salary from 01.09.2023 to 31.08.2025 for a period of 2 years inspite of directions of the Hon'ble court in WP no. 18666 of 2023 dated 26.07.2023 is illegal, arbitrary and violation of article 14, 19 and 21 of the Constitution of India, Consequently set aside the proceeding of the 5th respondent Rc.D.E.E/ HW AND S/Dowlaiswaram/ 304-E dated 26.08.2025 and directed to pay the salary for the period 2 years along with retirement benefits and other reliefs, and to pass 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 Pleased to directed the Respondents to pay the salary from 01.09.2023 to 31.08.2025 for 3 a period of 2 years in view of the directions of the Hon'ble court in WP no. 18666 of 2023 dated 26.07.2023 pending disposal of the above writ petition and to pass Counsel for the Petitioner: 1. DASARI S V V S V PRASAD Counsel for the Respondent(S): 1. GP FOR SERVICES I 2. GP FOR SERVICES II The Court made the following: 4 THE HON’BLE SRI JUSTICE NYAPATHY VIJAY W.P.No.31683 of 2025 O R DE R: This writ petition is filed questioning the action of Respondents in not paying salaries to the Petitioner pursuant to the interim order passed by this Court in W.P.No.18666 of 2023 dated 26.07.2023 as illegal and arbitrary. 2. The grievance of the Petitioner is with regard to non- compliance of directions of this Court in W.P.No.18666 of 2023 dated 26.07.2023, wherein the Petitioner was permitted to be continued as Seasonal Worker (NMR) in Godavari Head Works and Supplies Sub-Division, Dowlaiswaram in the Office of the 5th Respondent till he attains the age of superannuation of 62 years without any break and with all consequential attendant benefits including regular pay and allowances. 3. As the interim order of this Court dated 26.07.2023 in W.P.No.18666 of 2023 directs the Respondents to pay the regular pay and allowances, the present writ petition cannot be independently maintained and the writ petitioner has to seek for enforcement of his claim in W.P.No.18663 of 2023. 5 4. The writ petition is, therefore, dismissed. No order as to costs. As a sequel, the miscellaneous petitions if any shall stand dismissed. ___________________ NYAPATHY VIJAY, J Date: 20.11.2025 KLP