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2025 DAILYLAW 9734 (AP)

K. Srinivasa Rao, v. The State of Andhra Pradesh,

WP/10617/2022 · 2025-01-03

K Manmadha Rao

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) FRIDAY, THE THIRD DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE K MANMADHA RAO WRIT PETITION NO: 10617 OF 2022 Between: K. Srinivasa Rao, S/o. Demullu, Age 59 years, Occ:Draughts Man Grade-I, Office of the Asst. Director of Agriculture (SC) , Arakuvalley, Resident of D.No.6-67-4/5, Sramika Nagar, Chinagantyada, Gajuwaka, Visakhapatnam District. ...Petitioner AND 1, The State of Andhra Pradesh, Rep by it's the Special Chief Secretary to Government. Department of Agriculture, Andhra Pradesh Secretariat Office, 4th Block, Ground Floor, Room No. 101, Velagapudi, Amaravathi, guntur-522238. 2. The Commissioner and Director of Agriculture, Office of the Director of Agriculture, A.P. Old Mirch yard, beside Rythu Bazar, Chuttugunta Centre, Guntur-522004 Guntur District, A.P. 3. Santha Ramana Rao, Formerly Tracer, Presently working as Superintendent, Office of the District Agricultural Officer, Parvathipuram, Formerly Vizianagaram District. (Respondent No 3 impleaded as per C.O.dt 02.08.2024 vide lA.No 1 of 2024 in W.P.No.10617 of 2022) ...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 seeking prayer in main Writ Petition is issue a writ, direction or order particularly one in the nature of Writ of mandamus by declare the action of the Respondents call for entire material on Records relating to the from Suspension Order proceedings No. Vigil (5)186/2009 on dt.3-7-2012 to till the date of Dismissal from Service Order Memo No.AGCOI- AGRI/23/2019 dated 20-2-2020 without conducting any enquiry or any review of after every three months, without paying revise quantum of every month Subsistence allowance of 75percent from 2014 all arrears of new revised time to time pay revision scales within the suspension period to till the date of dismissal of Service Order as illegal, arbitrary, unreasonable, contrary to Andhra Pradesh Civil Services (Classification, Control and Appeal) Rules, 1991, contrary of Evidence act, violation of fundamental Rights, and violation of principle of natural Justice under Article 14, 16, 21 and 311 of the Constitution of India and Consequently set aside the Respondent's issued Dismissal from Service Order Memo No.AGCOI- AGRI/23/2019 dated 20-2-2020 and direct the Respondents to reinstate the Petitioner into service along with pay all back wages arrears including all consequential service benefits and promotions as per revised pay scales. s. lA NO: 1 OF 2022 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 pay all arrears of new revised time to time pay revision scales @75 % as per Substance allowance from year 2014 to till the date of dismissal from service until final disposal of the above main Writ Petition. % lA NO: 2 OF 2022 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 stay all the further proceedings of Dismissal from Service Memo No.AGCOI-AGRI/23/2019 dated 20-2-2020 and Reinstate the Petitioner into Service along with all service benefits until final disposal of the above main Writ Petition. lA NO: 2 OF 2024 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 issue orders, directing the respondents 1 to 2 to reinstate me as Draughtsman Grade-1 and to issue posting orders accordingly, pending disposal of the main W.P.No.10617 of 2022, in the interest of justice. Counsel for the Petitioner: SRI. K R SRINIVAS Counsel for the Respondent Nos .1&2: GP FOR SERVICES II Counsel for the Respondent No. 3: SRI K KISHORE KOTHARI The Court made the following order: \ 1 % APHC010107872022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3310] FRIDAY,THE THIRD DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE K MANMADHA RAO WRIT PETITION NO: 10617/2022 Between: K. Srinivasa Rao, ...PETITIONER AND The State Of Andhra Pradesh and Others Counsel for the Petitioner: ...RESPONDENT(S) 1.KRSRINIVAS Counsel for the Respondent(S): 1.KKISHORE KOTHARI 2.. 3.GP FOR SERVICES II The Court made the following: ORDER : This writ petition is filed under Article 226 of the Constitution of India for the following relief: F “....to issue a writ direction or order particuiariy one in the nature of Writ of mandamus by declare the action of the Respondents call for entire material on Records relating to the from Suspension Order proceedings No Vigil 5186/2009 on dt 3.7.2012 to till the date of Dismissal from Service Order Memo No. AGC01 AGRI/23/2019 dated 20.2.2020 without conducting any enquiry or any review of after every three months without paying revise quantum of every month Subsistence allowance of 75percent from 2014 all arrears of new revised time to time pay revision scales within the suspension period to till the date of dismissal of Service Order as illegal arbitrary unreasonable contrary to Andhra Pradesh Civil Services Classification Control and Appeal Rules 1991 contrary of Evidence act violation of fundamental Rights and violation of principle of natural Justice under Article-14, 16, 21 and 311 of the Constitution of India and Consequently set aside the Respondents issued Dismissal from Service Order Memo No AGC01AGRI/23/2019 dated 20.2.2020 and direct the Respondents to reinstate the Petitioner into service along with pay all back wages arrears including all consequential service benefits and promotions as per revised pay scales and pass ....” 2 2. Today, when the matter is taken up for hearing, learned counsel for the petitioner, submits that, this matter is squarely covered by an order of this Court passed in WP No.8952 of 2021 dated 18.07.2024 by following the order of a learned Single Judge of this Court passed in WP No.8642 of 2021, dated 14.12.2022, and requests this Court to also. pass similar order in this writ petition 3. Learned Government Pleader for Services respondents does not refute the said submission. appearing for the 4. In view of the submissions made by both the learned counsels, this Court deems fit to allow this writ petition in terms of the said order dated 18.07.2024 passed by this Court in WP No.8952 of 2021 5. Accordingly, the Writ Petition is allowed in terms of the order of this Court dated 18.07.2024 passed in WP No.8952 of 2021. There shall be order as to costs. no 6. The Registry is directed to attach Court in WP No.8952 of 2021, dated 18.07.2024. a copy of the order passed by this 7. As a sequel, interlocutory applications, 'if any pending, shall stand closed. Sd/- P. VINOD KUMAR ASSISTANT REGISTRAR ^T^^FFICER //TRUE COPY// SE To, 1. The Special Chief Secretary to Government. Department of Agriculture, State of Andhra Pradesh, Andhra Pradesh Secretariat Office, 4th Block, Ground Floor, Room No. 101, Velagapudi, Amaravathi, Guntur-522238. 2. The Commissioner and Director of Agriculture, Office of the Director of Agriculture, A.P. Old Mirch yard, beside Rythu Bazar, Chuttugunta Centre, Guntur-522004 Guntur District, A.P. 3. One CC to Sri. K R Srinivas Advocate [OPUC] 4. One CC to Sri.K Kishore Kothari Advocate [OPUC] 5. Two CCs to GP for Services II, High Court Of Andhra Pradesh. [OUT] 6. Three CD Copies (Along with a copy of the order passed by this court n WP No. 8952 of 2021 dated 18.07.2024) GSC HIGH COURT DATED:03/01/2025 ORDER WP.No.10617 of 2022 [g 0 7 MAR 2025 i/O Current Section . ALLOWING OF THE WP WITHOUT COSTS 1 A% APHC010152002021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3310] 4 THURSDAY ,THE EIGHTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE DR JUSTICE K MANMADHA RAO WRIT PETITION NO: 8952/2021 Between: ...PETITIONER Girajala Seshaiah AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.M R TAGORE Counsel for the Respondent(S): 1.GP FOR SERVICES IV The Court made the following: ORDER: The Writ Petition is filed under Article 220 of the Constitution of India, seeking the following relief: “ declaring the action of the respondents herein in removing the petitioner from service vide impugned proceedings No.47711/2017-A5, dated 07.07.2017 and consequential orders passed in Appeal vide Proc.No.880114/CPR&RD/ N3/2019, dated 11.01.2021 as highly illegal, arbitrary and v/ithout any charge memo or enquiry which is in contrary to the settle law and violation of Rule 20 of CCA Rules and consequentially the Hon’ble Court may pleased to set aside the both impugned orders dated 2 07.07.2017 and 11.01.2021 by granting all consequential monetary benefits including seniority and may pass such other order or orders ” 2. Heard learned counsel appearing for the petitioner and learned Government Pleader for Services-IV, appearing for the respondents 1 to 4. Learned counsel for petitioner submits that the subject matter of this Writ Petition is squarely covered by the order dated 14.12.2022 passed by this Court in W.P.No.8642 of 2021. 3. 4. Learned Gpvernment Pleader does not refute the said submission. 5. Following the same, this Writ Petition is also allowed in terms of the order passed in W.P.No.8642 of 2021, dated 14.12.2022. There shall be no order as to costs. 6. Registry is directed to attach a copy of the order dated 14.12.2022 passed in W.P.No.8642 of 2021, to this order. As a sequel, miscellaneous applications pending, if any, shall stand closed. DR. K. MANMADHA RAO, J. ARR