IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (SPECIAL ORIGINAL JURISDICTION)

THURSDAY, THE TWENTY FIRST DAY OF APRIL, TWO THOUSAND AND TWENTY TWO

:PRESENT:

THE HONOURABLE DR. JUSTICE K. MANMADHA RAO WRIT PETITION No. 30255 of 2017 AND C.C.No. 2253 of 2017

Between:

Dr. K. Venkateswara Prasad, S/o. Venkatanarayana, aged 43 years, Working as Assistant Professor, Department of History and Archaeology, Acharya Nagarjuna University, Guntur.

....Petitioner

AND

• 1. The State of Andhra Pradesh, Represented by its Principal Secretary, Higher Education (UE.I) Department, Andhra Pradesh Secretariat, Velagapudi, Amaravathi, Guntur District.
• 2. The State of Andhra Pradesh, Represented by its Principal Secretary, Finance Department, Andhra Pradesh Secretariat, Velagapudi, Amaravathi, Guntur District.
• 3. Acharya Nagarjuna University, Represented by its Registrar, Nagarjuna Nagar, Guntur, Guntur District.
• 4. The University Grants Commission, Represented by its Secretary, Bahadur Shah Zagar Marg, New Delhi-2.

....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 in the nature of Mandamus declaring that the appointment of the petitioner to the post of Assistant Professor in History & Archaeology in the $3$ ^rd Respondent University is on regular basis for all purposes from the date of appointment i.e.11-8-2010 with regular pay scales duly declaring the orders issued by the Government in G.O.Ms.No.41 Higher Education (UE) Department dated 30-6-2017 in reducing the cadre strength of Assistant Professors to the Department of History & Archaeology and taking steps to fill up the post of Assistant Professor by issuing notification is illegal, arbitrary and violates Article 14,16 and 21 of the Constitution of India.

I.A.No. 1 of 2022:-

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of W.P., the High Court may be pleased to dispense with the personal appearance of the petitioner/2^nd respondent i.e., the State of Andhra<br>Pradesh Rep. by its Special Principal Secretary, Finance Deparatmetn, Andhra Pradesh, Secretariat, Velagapdui, Amaravati Guntur District in W.P.NO. 30255 of 2017, on 21-04-2022, in the interest of justice

C.C.No. 2253 of 2017:-

Between:-

Dr. K. Venkateswara Prasad, S/o. Venkatanarayana.

...Petitioner.

Prof. K. John Paul, Registrar, Acharya Nagarjuna University, Represented by its Registrar, Nagarjuna Nagar, Guntur, Guntur District.

..Respondent.

Whereas the Petitioner has presented this Contempt Case under Sections 10 to 12 of the Contempt of Courts Act, 1971, through his counsel Sri P.V. Ramana, praying the High Court to summon and punish the Respondent Contemnor for willfully violating and disobeying the orders passed by the Hon'ble High Court in W.P.No. 30255 of 2017 dated: 19-9-2017.

AND

Contd..2..

These petitions coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and earlier orders of this Hon'ble Court and upon hearing the arguments of Sri P. V. RAMANA Advocate for the Petitioner in both W.P.No. 30255 of 2017 and in CC.NO. 2253 of 2017 and of the Govt. Pleader for Higher Education for respondent No.1 and of Govt. Pleader for Services-I for respondent No. 2 in W.P.No. 30255 of 2017 and the Court made the following

ORDER :-

"In view of compliance of the docket order dated 07.04.2022 passed by this Court, the respondent No.2 filed in I.A.No. 1 of 2022 for dispensing with his personal appearance before this Court.

The respondent No.2 filed affidavit in support of the application stating that he has to attend a meeting in the Ministry of Finance, GOI on certain matters relating to the State of Andhra Pradesh on 21.04.2022 at New Delhi. For which, his presence in unavoidable. Therefore, he is not in a position to attend before this Court on 21.04.2022, and hence, sought for dispensing with his presence.

His request is considered.

Accordingly, I.A.No.1 of 2022 is allowed dispensing with the presence of the respondent No.2.

Respondent No.1 is present.

Post on 14.06.2022."

Sd/- E. KAMESWARA RAO, DEPUTY REGISTRAR

//TRUE COPY//

SECTION OFFICER

To

1. The Principal Secretary, Higher Education (UE.I) Department, State of Andhra Pradesh, Andhra Pradesh Secretariat, Velagapudi, Amaravathi, Guntur District.

• 2. The Principal Secretary, Finance Department, State of Andhra Pradesh, Andhra Pradesh Secretariat, Velagapudi, Amaravathi, Guntur District. (By RPAD)
• 3. Two CCs to the G.P. for Higher Education, High Court of A.P., at Amaravati.(OUT)

4. Two CCs to the G.P. for Services-I, High Court of A.P., at Amaravati(OUT)

5. One CC to Sri P.V. Ramana, Advocate(OPUC)

6.0e spare copy.

TKK

HIGH COURT

DR.KMR.J

DT.21-04-2022.

ORDER

W.P.No. 30255 of 2017 $\mathbf{a}$ C.C.No. 2253 of 2017.

DIRECTION