The High Court · 2024
Case Details
Acts & Sections
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 issue a writ order or direction more particularly one in the nature of writ of mandamus, directing the respondents herein to extend the same benefits of regularization by counting service rendered by petitioners prior to regularization with effect from the date on which the petitioners Srinivasulu vs. Nellore Municipal Corporation, by following completed in 5 years as per the judgment of the Hon’ble Supreme Court in earlier B. judgment in A Manjula Bashini vs. Managing Director. AP Women’s CFC Ltd. (2009(8) see, Pg. 431) and also the Judgment of a Division Bench of this Hon’ble Court in Wp No. 33936/2011 and batch and in the case of Government of India vs N. Venkaiah and others on par with the similarly situated candidates in WP No. 4697/2007 disposed of vide Award dated 14/12/2019 in National Lok Adalat, High Court of AP in the interest of justice. lA NO: 1 OF 2020 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 consider the case of the petitioners for extension of the benefits as extended to similarly situated candidates following the Judgment of the Hon'ble Supreme Court in B.Srinvasulu vs. Nellore Municipal Corporation, by following earlier Judgment in A.Manjula Bashini vs. Managing Director, A.P. Women's CFC Ltd. (2009 (8) SCC, Pg. 431) and also the Judgment of a Division Bench of this Hon'ble Court in W.P. NO. 33936/2011 and batch, pending disposal of the above writ petition. Counsel for the Petitioners; SRI. G V SHIVAJI Counsel for the Respondent Nos. 1&2: GP FOR IRRI AND CAD Counsel for the Respondents: GP FOR SERVICES IV ^ WRIT PETITION NO: 3202 OF 2020 Between:
1. Reddi Adinarayana, S/o. Sanyasinaidu, Aged 60 years, R/o. D.No. 08- 18-65C, Balajyanagar, Vizianagaram.
2. S. Anjaneyulu, S/o. Anantha Ramaiah, Aged 60 years, R/o. H.No. 11- 13-215/203, Anagha Nilayam, Road No. 4, Alkapuri, Hyderabad
3. Nallamilli Bulli Veera Reddy, S/o. Ramakrishna Reddy, aged 62 years, R/o. 5-9-13, Ramachandrapuram, East Godavari District.
4. T.Kannam Naidu, S/o. Lakshman Naidu, Aged about 58 years, R/o. Pinnavalasa Village, Badangi Mandal, Vizignagaram District 535578.
5. K. Koteswara Rao, S/o. Latchaiah, Aged 60 years, R/o. 5-60-2/196F, Asilok Nagar, 4th Lane, II Cross, Guntur 522002.
6. K. Venkateswara Rao, S/o. Sambasiva Rao, aged 60 years R/o. Flat No. FF-4, Guardian Towers, Chandaramouli Nagar, Guntur.
7. T.V.V. Satyanarayana, S/o. Rama Rao, Aged 58 years, R/o. H.No. 4- 57/1, Sundar Nagar, Road No.2, Ramanaiahpet, Kakinada, East Godavari District 533005.
8. R. Venkateswara Rao, S/o. Late.R.V.Kama Raju, aged 59 years, R/o. H.No. 17-1, G-2, Ajjarapu Heights, Shram Nagar, 3rd Street, Kakinada, East Godavari District.
9. G. Srinivasa Rao, S/o. Bhaskara Rao, Aged 65 years, R.o. 2-272 Anjaneya Nagar, Kakinada, East Godavari District.
10. Gurram Vignaneswar, S/o. G. Koteswar Rao, Aged 59 years, R/o. Ananthapur District.
11. Ch. Bethalu, S/o. Abbaiah, Aged 60 years, R/o. Flat NO. 204, Suraksha Residency, 0pp. DIET College, Miryalaguda Road, Nalgonda District 508001.
12. Cheela Chandrasekhara Rao, S/o. Satyanarayana, aged 58 years R/o. Plot No. 41, D.No.2-13-46, Chinabondilipuram, Srikakulam.
13. Gollu Prasad, S/o. Late. Akku Naidu, Aged 58 years, R/o. 'A' Block, 510, Maurya Gardens, Tholapalem, Vizianagaram District. ...Petitioners AND
1. The State of Andhra Pradesh, Rep. by its Secretary, Irrigation and Command Area Development Department, Secretariat, Velagapudi Amaravathi, Guntur District.
2. The Director, Ground Water and Water Audit Department, Government of Andhra Pradesh, Vijay wada, Hanumanpet ...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 issue a writ, order or direction more particularly one in the nature of writ of Mandamus, directing the respondents herein to extend the same benefits of regularization by counting service rendered by petitioners prior to regularization with effect from the date on which the petitioners completed in 5 years as per the Judgment of the Hon'ble Supreme Court in B.Srinvasulu vs. Nellore Municipal Corporation, following earlier Judgment in A.Manjula Bashini vs. Managing Director, A.P. Women's CFC Ltd. (2009 (8) see, Pg. 431) and also the Judgment of a Division Bench of this Hon'ble Court in W.P. NO. 33936/2011 and batch and in the case of Government of India vs. N.Venkaiah and others on par with the similarly APHC010053442020 '■■rS:" r IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3310] WEDNESDAY ,THE SIXTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE DR JUSTICE K MANMADHA RAO WRIT PETITION NO: 3298 AND 3202 OF 2020 AND ...PETITIONER(S) ...RESPONDENT(S) WRIT PETITION NO: 3298 OF 2020 Between: M.N.V.D. Prasad, and Others The State Of Ap and Others Counsel for the Petitioner(S):
1.G VSHIVAJI Counsel for the Respondent(S):
1.GP FOR SERVICES IV
2.GPFORIRRI ANDCAD (AP) The Court made the following: COMMON ORDER:- Both the Writ Petitions are filed under Article 226 of the Constitution of India, seeking the following relief; 3 the respondents herein Order or direction more particularly one In the nature of Writ of ' mandamus directing regularization by counting service rendered by petitioners prior to regularization with effect from the date on which the petitioners completed in Judgment of the Hon’ble Supreme Court in 5 years as per the Srinivasulu v. Nellore Municipal to extend the same benefits B. :,v situated candidates in W.P. No. 4697/2007, disposed of vide Award dated 14.12.2019 in Nat Lonal Lok Adalat, High Court of A.P, in the interest of justice. lA NO: 1 OF 2020 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 consider the case of the petitioners for similarly situated candidates extension of the benefits as extended to following the Judgment of the Hon'ble Supreme Court in B.Srinvasulu vs. Nellore Municipal Corporation, by following earlier Judgment in A.Manjula Bashini vs. Managing Director, A.P. Women's CFC Ltd. (2009 (8) SCC, Pg. 431) and also the Judgment of a Division Bench of this Hon'ble Court in W.P. NO. 33936/2011 and batch, pending disposal of the above writ petition. Counsel for the Petitioner: SRI. G V SHIVAJI Counsel for the Respondents: GP FOR SERVICES IV Counsel for the Respondents: GP FOR IRRI AND CAD The Court made the following common order: corporation, by following earlier JeOgmenl in A. Manjula Basbini v. Managing Director A.P. Women’s CFC Ltd. (2009 (8) SCC,. Pg. 431) and also the Judgment of a Division Bench^ of this Hon'ble Court in W.P.No.33936 of 2011 and batch and i Government of India v. N. Venkaiah and Others par with the similarly situated candidates in W.P.No.4697 of 2007. dipsoed of vide Award dated U 12 2019 in National Lot, Adalat. High Court of A.P In the interest of Justice and pass such other in the case of orders...."
2. Heard Mr. G.V.Shivaji, learned counsel for the petitioners, who appeared virtually and Mrs. Sudeepti Potiuri, learned Assistant Government Pleader, Irrigation and Services-IV for the respondents.
3. These Writ Petitions arise out of the same issue and therefore being disposed of by a common order.
4. During hearing learned counsel for the petitioners categorically submitted that in similar circumstances of this case, W.P.No.4697 of 2007 is settled before the Lok Adalath and passed Award 14.12.2019, wherein learned Government Pleader for Irrigation, so also, learned counsel for the petitioner submitted that the issue involved therein is squarely covered by order of Hon'bie Apex Court in Special Leave to Appeal (c) No. 12432 of 2014, dated 17.08.2015, in the case of ‘B.Srinivasulu and Others Municipal -Corporation" and also brought to the notice of this Court that V. The Nellore following the said order. Division Bench of this Court also allowed J W.P.No.33936 of 2011 and batch in the case of "Government of Andhra Pradesh v. N. Venkaiah and Others and following the orders cited supra, passed Award in Lok Adalath with a direction to the respondents to regularize the services of the petitioners from the date of completion of five continuous service, as was held the case 'District Collector/ Chairparson and Others v. M.L.Singh and Others’’^ The said Award is squarely applicable to the facts of this case and requested to pass similar order in these writ petitions also.
5. Learned Assistant Government Pleader for the respondent fairly conceded the same.
6. Recording the submissions of both the counsel, this Court opined that the subject matter involved in these writ petitions are squarely covered by a National Lok Adalath Award dated 14.12.2019.
7. Accordingly, the Writ Petitions are disposed of, while directing the respondents to regularize the services of the petitioners from the date of completion of five years continuous service in terms of the decisions cited supra, within three (03) months from the date of receipt of a copy of this order. There shall be no order as to costs. As a sequel, miscellaneous applications pending, if any, shall also stand closed. I 2009(8) see 480 //TRUE COPY// To SD/- SHAIK MOHD. RAFI ASSISTANT REGISTRAR SECTTON OFFICER
1. The Secretary, Irrigation and Common Area Development Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravathi, Guntur District.
2. The Director, Ground Water and Water Audit Department, Government of Andhra Pradesh, Vijayawada, Hanumanpet. ' x. Al
1. The Secretary, Water Resource Department, State of AP , Secretariat, Velagapudi, Amaravathi, Guntur District.
3. One CC to Sri. G V Shivaji Advocate [OPUC]
4. Two CCs to GP for Services IV, High Court Of Andhra Pradesh. [OUT]
5. Two CCs to GP for Irrigation and Court Of Andhra Pradesh. [OUT] common area development. High
6. Three CD Copies GSC HIGH COURT DATED:06/11/2024 COMMON ORDER WP.No.3298 AND 3202 OF 2020 DISPOSING OF THE WPS WITHOUT COST = c. 19 NOV 2029 Current Section d