R Gopi vs. The State Of Andhra Pradesh

Court:High Court of Andhra Pradesh
Judge:Hon'ble Tarlada Rajasekhar Rao
Case Status:Unknown Status
Order Date:26 Mar 2021
CNR:APHC010123822021

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Order Issued After Hearing

Purpose:

Admission (Animal Husbandary)

Before:

Hon'ble Kongara Vijaya Lakshmi

Listed On:

26 Mar 2021

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Order Text

$\Gamma$ 26931

(SHOW CAUSE NOTICE BEFORE ADMISSION) IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (SPECIAL ORIGINAL JURISDICTION) FRIDAY, THE TWENTY SIXTH DAY OF MARCH, TWO THOUSAND AND TWENTY ONE :PRESENT: THE HONOURABLE SMT JUSTICE KONGARA VIJAYA LAKSHM WRIT PETITION NO: 7069 OF 2021

Between:

R.Gopi, S/o, Late R.Sambasiva Rao, Aged about 45 years, Worked as Assistant Supervisor & Incharge Manager (Procurement and Inputs), Prakasam Milk Producer Company Limited, Ongole Dairy at Ongole, Prakasam District

$\dots$ Petitioner

AND

    1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Animal Hasbandry Dairy Development and Fisheries Department, A.P Secretariat at Velagapudi, Amaravathi, Guntur District
    1. The Andhra Pradesh Dairy Development Cooperative Federation Limited, Rep. by its Managing Director at Mangalagiri, Guntur District
    1. The Director, Animal Husbandry Department, Vijayawada
    1. The Prakasam Milk Producer Company Limited, Rep. by its Chief Executive Officer, Ongole Dairy, Ongole, Prakasam District
    1. The Gujarat Cooperative Milk Marketing Federation Limited (GCMMF), Represented by its Managing Director, Amul Dairy Road, Arland, Gujarat - 388 001

...Respondents

WHEREAS the Petitioner above named through his Advocate M/s SODUM ANVESHA presented this 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 an appropriate Writ, order or direction mostly one which is in the nature of a Writ of mandamus declaring the Proceedings Rc.No.301/PMPCL/2021, dt.9.3.2021 of the 4<sup>th</sup> Respondent as illegal, irregular, arbitrary, violative of principles of natural justice, unjustified, unconstitutional and unsustainable and set-aside the same holding that in the absence of exercise of any option by the Petitioner for Voluntary Retirement Scheme - 2020, he should be continued in service.

AND WHEREAS the High Court upon perusing the petition and affidavit filed herein and upon hearing the arguments of M/s Sodum Anvesha, Advocate for the Petitioner and GP for Animal Husbandry for the Respondent Nos.1 & 3 and Sri Appa Rao, Standing Counsel for the Respondent No.2, directed issue of notice to the Respondents herein to show cause as to why this WRIT PETITION should not be admitted.

You viz:

    1. The Principal Secretary, Animal Hasbandry Dairy Development and Fisheries Department, A.P Secretariat at Velagapudi, Amaravathi, Guntur District, State of Andhra Pradesh.
    1. The Managing Director, Andhra Pradesh Dairy Development Cooperative Federation Limited, Mangalagiri, Guntur District
    1. The Director, Animal Husbandry Department, Vijayawada
    1. The Chief Executive Officer, Prakasam Milk Producer Company Limited, Ongole Dairy, Ongole, Prakasam District
    1. The Managing Director, Gujarat Cooperative Milk Marketing Federation Limited (GCMMF), Amul Dairy Road, Arland, Gujarat - 388 001

are be and hereby directed to show cause either appearing in person or through an Advocate, as to why in the circumstances set out in the petition and the affidavit filed therewith (copy enclosed) this WRIT PETITION should not be admitted.

The Court made the following: ORDER:

"Notice before admission.

Learned Govt. Pleader for Animal Husbandry takes notice for R1 and R3.

Learned Standing Counsel takes notice for R2 and seeks time to file counter affidavit.

Learned counsel for the petitioner is permitted to take out personal notice to the respondents 4 and 5 by RPAD and file proof of service.

//TRUE COPY//

List the matter after three (3) weeks."

Sd/-Ch.V.Subramanya Sarma ASSISTANT REGISTRAR SECTION OFFICER

$F_{01}$

To,

    1. The Principal Secretary, Animal Hasbandry Dairy Development and Fisheries Department, A.P Secretariat at Velagapudi, Amaravathi, Guntur District, State of Andhra Pradesh.
    1. The Managing Director, Andhra Pradesh Dairy Development Cooperative Federation Limited, Mangalagiri, Guntur District
    1. The Director, Animal Husbandry Department, Vijayawada
    1. The Chief Executive Officer, Prakasam Milk Producer Company Limited, Ongole Dairy, Ongole, Prakasam District
    1. The Managing Director, Gujarat Cooperative Milk Marketing Federation Limited (GCMMF), Amul Dairy Road, Arland, Gujarat - 388 001 (Addresses 1 to 5 by RPAD- along with a copy of petition and affidavit)
    1. One CC to M/s. Sodum Anvesha, Advocate [OPUC]
    1. Two CCs to GP for Animal Husbandary, High Court of Andhra Pradesh. [OUT]
    1. One CC to Sri Appa Rao, Standing Counsel [OPUC]
    1. One spare copy

$\mathsf{M}\mathsf{M}$

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$\mathcal{O}(\log n)$

KVLJ

DATED:26/03/2021

NOTE: LIST THE MATTER AFTER THREE WEEKS

NOTICE BEFORE ADMISSION

WP.No.7069 of 2021

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Case History of Orders

Order(3) - 24 Aug 2022

Interim Order

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Order(2) - 23 Mar 2022

Interim Order

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Order(1) - 26 Mar 2021

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