APHC010659132025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3565] MONDAY,THE NINTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE BATTU DEVANAND THE HONOURABLE SRI JUSTICE SUBHENDU SAMANTA WRIT APPEAL NO: 1288/2025 Writ Appeal under clause 15 of the Letters Patent to set aside the Interim Order dated 19-11-2025 passed in W.P. No. 32061 of 2025 on the file of this Honble High Court of Andhra Pradesh at Amaravati, and pass Between: 1. THE EXECUTIVE ENGINEER, SOUTHERN POWER DISTRIBUTION COMPANY OF A.P LIMITED, (APSPDCL) OPERATION SECTION, RAYALACHERUVU, PUTTUR, TIRUPATI DISTRICT A.P 2. THE ASSISTANT ENGINEER,, OPERATION APSPDCL, RAYALACHERUVU SECTION, TIRUPATI DISTRICT, ANDHRA PRADESH. 3. THE DEPUTY EXECUTIVE ENGINEER (OANDM),, OPERATION APSPDCL, PUTTUR, TIRUPATI DISTRICT ANDHRA PRADESH. ...APPELLANT(S) AND 1. K PRATHAP, S/O K SIDDAIAH, AGED 32 YEARS. RESIDENT OF DOOR NO. 3-24, CHALLAVARIPALLI VILLAGE, VTC SORAKAYALAPALEM, KAMMAPALLE POST, RAMACHANDRAPURAM SUB-DISTRICT CHITTOOR DISTRICT- 517561, ANDHRA PRADESH. 2. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, ENERGY DEPARTMENT, SECRETARIAT 2 BUILDINGS VELAGAPUDI, AMARAVATI. 3. G BHASKAR NAIDU, S/O NOT KNOWN TO THE PETITIONER, AGED MAJOR, CONTRACTOR, D.NO. 2-186/4, BANK OF BARODA STREET, PILERU, ANDHRA PRADESH. ...RESPONDENT(S): 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 grant stay the operation of the Interim Order dated 19-11-2025 passed in W.P. No. 32061 of 2025 on the file of this Honble High Court of Andhra Pradesh at Amaravati, pending disposal of the above Writ Appeal, and pass Counsel for the Appellant(S): 1. VENKATA RAMA RAO KOTA SC FOR APSPDCL Counsel for the Respondent(S): 1. GP FOR SERVICES I 2. V SAI KUMAR The Court made the following: 3 THE HON’BLE SRI JUSTICE BATTU DEVANAND & THE HONOURABLE SRI JUSTICE SUBHENDU SAMANTA WRIT APPEAL NO.1288 of 2025 JUDGMENT:(Per Hon’ble Sri Justice Battu Devanand) This Writ Appeal has been filed against the order dated 19.11.2025 passed by the learned Single Judge of this Court in W.P.No.32061 of 2025. 2. Heard learned counsel for the appellants and learned counsel for the respondents and carefully perused the material available on record. 3. Both the parties in the appeal will be referred to as they are arrayed in the writ petition for convenience. 4. The facts leading to the filing of present writ appeal are as herein under:- The writ petitioner was appointed as Shift Operator in the month of January, 2020 and has been discharging his duties since then. A memo dated 08.07.2025 was issued to the petitioner stating that a complaint was received by the Public Representative of Chandragiri Constituency stating that the petitioner was involved in anti-government activities and passing negative comments against the Government.The photos and videos of the petitioner with regard to participation in the said activities are circulating in the social media. The petitioner submitted his explanation on 09.07.2025, stating that he is not involved in any anti-government activities.Thereafter, the petitioner was 4 not being permitted to attend the office. At that stage, he approached this Court by filing the writ petition. 5. It is contended by the learned counsel for the respondent Nos.2 to 4 therein that there is no employee and employer relationship between the petitioner and the respondent-Corporation and the services of the writ petitioner were terminated by the respondent No.5/contractor and the petitioner had approached the Labour Court for ventilating his grievance.However, relying on the judgment of the Hon’ble Supreme Court in the case of Jagoo v. Union of India [2024 SCC OnLine SC 3826] and the judgment of the Hon’ble Division Bench of this Court in the case of the State of A.P, represented by its Principal Secretary v. K.Madhu Phani and another[(2018) 1 ALT 125 (DB)], directed the respondents therein to continue the petitioner to discharge his work as Shift Operator, pending further orders. 6. On perusal of the order impugned in this writ appeal, it is an admitted fact that at the stage of admission, an interim order was passed by a learned Single Judge and the writ petition is pending before the learned Single Judge. In view of the same, in our considered view, it is appropriate and reasonable to request the learned Single Judge to dispose of the writ petition on merits in accordance with law to meet the interest of justice. 7. Accordingly, this Writ Appeal is disposed of, without going into the merits of the case, with a request to the learned Single Judge to dispose of W.P.No.32061 of 2025, in accordance with law. 5 8. It is made it clear that the interim order passed by this Court in I.A.No.1 of 2025 in W.A.No.1288 of 2025 shall continue till disposal of the writ petition. 9. There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. __________________________ JUSTICE BATTU DEVANAND ____________________________ JUSTICE SUBHENDU SAMANTA Date:09.03.2026 SA 6 233 THE HON’BLE SRI JUSTICE BATTU DEVANAND & THE HONOURABLE SRI JUSTICE SUBHENDU SAMANTA WRIT APPEAL NO: 1288/2025 Date: 09.03.2026 SA/SCS