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Date of reserved for orders :----- Date of pronouncement :07.07.2026 Date of uploading : APHC010177662023
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3573] TUESDAY, THE 7th DAY OF JULY 2026 PRESENT THE HONOURABLE SRI JUSTICE BALAJI MEDAMALLI WRIT PETITION NO: 9131/2023 Between:
1. DUVVA SATYANARAYANA, S/O NARASAYYA, AGED 60 YEARS, WORKED AS(MAZDOOR) NMR, IN ITDA, K.R.PURAM, BUTTAIGUDEM, (ERSTWHILE WEST GODAVARI DISTRICT), UNDER THE EXECUTIVE EINGINEER, TRIBAL WELFARE, KOTA RAMACHANDRAPURAM, RIO 2-6-15, UDARA VARI STREET, OPP. PADMA THEATER, JAGAREDDIGUDEM MANDAL, (ERSTWHILE WEST GODAVARI DISTRICT), PRESENTLY ELURU DISTRICT. ...PETITIONER AND
1. THE STATE OF AP, REP. BY IT'S THE SPECIAL CHIEF SECRETARY, GOVERNMENT OF ANDHRA PRADESH, FINANCE DEPARTMENT SECRETARIAT BUILDINGS, VELAGAPUDI VILLAGE, TULLUR MANDAL, GUNTUR DISTRICT. 2. THE STATE OF AP, REP BY ITS PRINCIPAL SECRETARY, TRIBAL WELFARE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI VILLAGE, TULLUR MANDAL, GUNTUR DISTRICT. 3. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, FINANCE AND PLANNING DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI VILLAGE, TULLUR MANDAL, GUNTUR DISTRICT. 4. THE DIRECTOR OF TRIBLE WELFARE DEPARTMENT, GOVERNMENT OF ANDHRA PRADESH, MOGALARAJPURAM, VIJAYAWADA, N.T.R. DISTRICT. 5. THE ENGINEERINCHIEF, TRIALWELFARE DEPARTMENT, MUALIFARCHUNE ROAD, OPP.KARACHIBEKARI, VIJAYAWADA,
N.T.R. DISTRICT. 6. THE PROJECT OFFICER, ITDA, KOTA RAMCHANDRAPURAM, BUTTAIGUDEM, (ERSTWHILE WEST GODAVARI DISTRICT), PRESENTLY ELURU DISTRICT. 7. THE EXECUTIVE EINGNEER, TRIBAL WELFARE, KOTA RAMACHANDRAPURAM, (ERSTWHILE WEST GODAVARI DISTRICT) PRESENTLY ELURU 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 topleased to issue a writ order or orders more particularly one in the nature of Writ of Mandamus declaring the action of the 5th to 7thRespondents in not continue the Petitioner as (Mazdoor) NMR, in the office of the 7th respondent as Daily Wage Employee in the ITDA who is the 5th to 7th respondents up to the Age of 62 years by setting the directions orally not attending dutie from 16-03-2023 onwards attaining the age of Superannuation i.e., 60 years as on 16-03-2023 in purusaunce of the Cir.
Memo No.1813129/FIN01- HR/212/2022-HR-IV, dated 23.09.2022, issued by the 1st Respondent, being illegal, arbitrary and violation of Article 14, 21 and 309 of the Constitution of India, contrary to the Order of this in W.P.No.31714/2022 dated 28-09-2022 and consequently direct the Respondents to continue the petitioner as Driver in ITDA under the 5th to 7th respondents till he attains the age of 62 years, by setting aside oral directions of the 5th to 7th respondents in not allowing the Petitioner as (Mazdoor) NMR, in the office of the 7th respondent as Daily Wage Employee in the ITDA who are the 5th to 7th respondents up to the Age of 62 years, in purusaunce of the Cir. Memo No.1813129/FIN01-HR/212/2022-HR-IV, dated 23.09.2022, issued by the 1st Respondent and pass IA NO: 1 OF 2023 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 direct the the age of 62 years in his post (Mazdoor) NMR by paying monthly salary in purusaunce of the Cir. Memo No.1813129/FIN01-1- 1R/212/2022-HR-IV, dated 23.09.2022, issued by the 1St Respondent pending disposal of the above writ petition and pass Counsel for the Petitioner:
1. G SIMHADRI Counsel for the Respondent(S):
1. GP FOR SERVICES I
2. GP FOR SERVICES II The Court made the following:
THE HONOURABLE SRI JUSTICE BALAJI MEDAMALLI
WRIT PETITION NO: 9131/2023 ORDER:
The writ petition is filed to declare the action of the respondents in not continuing the petitioner as an NMR (Mazdoor) in the ITDA, K.R.Puram, Buttaigudem, (Erstwhile West Godavari District), under the Executive Engineer, Tribal Welfare, Kota Ramachandrapuram, until he attains age of 62 years, as illegal and arbitrary. 2. Heard Sri G.Simhadri, learned counsel for the petitioner and Sri Varun Shyam Kumar, learned Assistant Government Pleader for the respondents. 3. Today, when the matter is taken up for hearing, learned counsel for the petitioner submitted that, though this Court, by an interim order dated 13.04.2023, directed the respondents to reinstate the petitioner and continue him in service until he attained the age of 62 years, the said interim order was not complied with. The petitioner also did not take any steps to initiate contempt proceedings. In the meantime, the petitioner has attained the age of 62 years. As such, nothing survives for adjudication in the writ petition, and the matter has become infructuous.
4. Recording the said submission, the Writ Petition is dismissed as infructuous. No order as to costs. As a sequel, miscellaneous applications, pending if any, shall stand closed. ________________________
JUSTICE BALAJI MEDAMALLI Dt.07.07.2026 JLV Whether the order is : Speaking Yes/No / Reasoned Yes/No Reportable Yes/No / Non-Reportable Yes/No
99 THE HONOURABLE SRI JUSTICE BALAJI MEDAMALLI
WRIT PETITION NO: 9131/2023
Dt.07.07.2026 JLV