The Apgenco vs. Vemulakona Chittaiah
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Order Issued After Hearing
Purpose:
Disposed
Before:
Hon'ble D.V.S.S.Somayajulu , Duppala Venkata Ramana
Listed On:
1 Aug 2023
Original Order Copy
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Order Text
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI
$\mathbf{1}$
TUESDAY, THE FIRST DAY OF AUGUST TWO THOUSAND AND TWENTY THREE
PRESENT THE HONOURABLE SRI JUSTICE D.V.S.S.SOMAYAJULU AND THE HONOURABLE SRI JUSTICE DUPPALA VENKATA RAMANA
WRIT APPEAL Nos: 392, 443, 444, 544, 545, 551, 552, 553, 563, 564, 567, 575, 580, 584, 585, 587, 588, 595, 614, 619 and 622 of 2023
WRIT APPEAL NO: 392 OF 2023
Writ Appeal under Clause 15 of the Letters Patent preferred against the Order dated 03.04.2023 made in W.P.No.8181 of 2023 on the file of the High Court.
Between:
-
- The Southern Power Distribution Company of AP Ltd., Rep., by its Chairman and Managing Director, Corporate Office, Srinivasapuram, Behind Srinivasa Kalyana Mandapam, Tirupati, Tirupati District, Andhra Pradesh.
-
- The Chief General Manager (HRD), APSPDCL, Corporate Office, Srinivasapuram, Behind Srinivasa Kalyana Mandapam, Tirupati, Tirupati District, Andhra Pradesh.
...Appellants
- S.Mallikarjuna Rao, S/o Eswarachari, Aged about 60 years, Occ- Dy Executive Engineer, APSPDCL, DPEI Tirupati, Tirupati District, Andhra Pradesh-517502
AND
-
- The State of Andhra Pradesh, rep., by its Principal Secretary, Finance Department, Secretariat, Velagapudi, Guntur District, Andhra Pradesh.
- The Principal Secretary, Government of Andhra Pradesh, Energy Department,<br>Secretariat, Velagapudi, Guntur District, Andhra Pradesh.
-
- The Principal Secretary, Government of Andhra Pradesh, General<br>Administration Department, Secretariat, Velagapudi, Guntur District, Andhra Pradesh.
-
- The APTRANSCO, rep., by its Chairman and Managing Director, Vidyut Soudha, Gunadala, Vijayawada, Andhra Pradesh-520004.
...Respondents
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 to stay all further proceeding in pursuance of the orders, dated 03.04.2023 made in W.P.No.8181 of 2023, pending disposal of the above Writ Appeal.
Counsel for the Appellant: SRI V R REDDY KOVVURI (SC FOR APSPDCL)
Counsel for the Respondents: SRI PEETA RAMAN
Counsel for the Respondents: GP FOR SERVICES - I
Counsel for the Respondents: GP FOR GAD
Counsel for the Respondents: SRI ANUP KOUSHIK KARAVADI, SC for APRANSCO
WRIT APPEAL NO: 443 OF 2023
Writ Appeal under Clause 15 of the Letters Patent preferred against the Order dated 12.04.2023 made in WP.No.8816 of 2023 on the file of the High Court.
Between:
-
- The APGENCO, Rep. by its Chairman AND Managing Director, Vidyut Soudha, Gunadala, Vijayawada, Andhra Pradesh - 520 004
-
- The Director (HRO, APGENCO, Vidyut Soudha, Gunadala, Vijayawada, Andhra Pradesh 520 004
-
- The Dr. Narla Tata Rao Thermal Power Station, Rep. by its Chief Engineer (O AND M), Ibrahimpatnam, Vijayawada, NTR District, Andhra Pradesh
...Appellants
AND
-
- Sk Mohammad Vahad, S/o. Abdul Azeez, Age 60 years, Occ Rtd. Formen Gr-IV, R/o. UD/ID-625, Sector, New B Colony, Kondapally, Ibrahimpatnam, NTR District.
-
- The State of Andhra Pradesh, Rep. by its Principal Secretary, Finance Department, Secretariat. Velagapudi, Guntur District, Andhra Pradesh.
-
- The Principal Secretary, Government of Andhra Pradesh, Energy Department, Secretariat, Velagapudi, Guntur District, Andhra Pradesh.
-
- The Principal Secretary, Government of Andhra Pradesh, General Administration Department, Secretariat, Velagapudi, Guntur District, Andhra Pradesh.
-
- The AP TRANSCO, Rep. by its Chairman AND Managing Director, Vidyut Soudha, Gunadala, Vijayawada, Andhra Pradesh-520 004.
...Respondents
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 to stay all further proceeding in pursuance of the orders, dated 12.04.2023 made in W.P.No.8816 of 2023, pending disposal of the above Writ Appeal.
Counsel for the Appellant: SRI M. VIDYASAGAR, (STANDING COUNSEL FOR APGENCO)
Counsel for the Respondents: SRI PEETA RAMAN
Counsel for the Respondents: GP FOR SERVICES - I
Counsel for the Respondents: GP FOR GAD
Counsel for the Respondents: SRI ANUP KOUSHIK KARAVADI, SC for APRANSCO
WRIT APPEAL NO: 444 OF 2023
Writ Appeal under Clause 15 of the Letters Patent preferred against the Order dated 12.04.2023 made in WP.No.8812 of 2023 on the file of the High Court.
Between:
-
- The APGENCO, Rep. by its Chairman and Managing Director, Vidyut Soudha, Gunadala, Vijayawada, Andhra Pradesh - 520 004
-
- The Director (HR), APGENCO, Vidyut Soudha, Gunadala, Vijayawada, Andhra Pradesh - 520 004
-
- The Dr. Narla Tata Rao Thermal Power Station, Rep. by its Chief Engineer (OandM), Ibrahimpatnam, Vijayawada, NTR District, Andhra Pradesh
...Appellants
AND
-
- Vemulakona Chittaiah, S/o. Prakasa Rao, Age 59 Years, Occ. Formen Gr-I, O/o. The Executive Engineer (SS and T), Dr.NTTPS, Ibrahimpatnam, Vijayawada, NTR District, Andhra Pradesh-521456
- The State of Andhra Pradesh, Rep. by its Principal Secretary, Finance<br>Department, Secretariat, Velagapudi, Guntur District, Andhra Pradesh. The Principal Secretary, Government of Andhra Pradesh, E
- Administration Department, Secretariat, Velagapudi, Guntur District, Andhra Pradesh.
-
- The AP TRANSCO, Rep. by its Chairman and Managing Director, Vidyut Soudha, Gunadala, Vijayawada, Andhra Pradesh-520 004.
...Respondents
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 to stay all further proceeding inpursuance of the orders, dated 12.04.2023 made in W.P.No.8812 of 2023, pending disposal of the above Writ Appeal.
Counsel for the Appellant: SRI M. VIDYASAGAR, (STANDING COUNSEL FOR APGENCO)
Counsel for the Respondents: SRI PEETA RAMAN
Counsel for the Respondents: GP FOR SERVICES - I
Counsel for the Respondents: GP FOR GAD
Counsel for the Respondents: SRI ANUP KOUSHIK KARAVADI, SC for APRANSCO
WRIT APPEAL NO: 544 OF 2023
Writ Appeal under Clause 15 of the Letters Patent preferred against the Order dated 19.04.2023 made in IA.No.1 of 2023 in W.P.No.9631 of 2023 on the file of the High Court.
Between:
-
- The Eastern Power Distribution Corporation of AP Ltd, Rep. by its Chairman and Managing Director, Corporate Office, Seethammadhara, Visakhapatnam, Andhra Pradesh.
-
- The Chief General Manager (HRD), APEPDCL, Corporate Office, Seethammadhara, Visakhapatnam, Andhra Pradesh.
-
- The Superintendent Engineer (Operation), APEPDCL, Rajamahendravaram, Operation Circle, Rajamahendravaram, District, Andhra Pradesh.
...Appellants
AND
-
- V Kanakam, S/o. Suryanarayana, age 60 years, Occ. Rtd. Sr.Line Inspector, R/o. 5-35, near Santa Market, Allavaram Village, Post and Mandal, Dr. BR Ambedkar Konaseema District, Andhra Pradesh.
- The State of Andhra Pradesh, Rep. by its Principal Secretary, Finance<br>Department, Secretariat, Velagapudi, Guntur District, Andhra Pradesh. The State of Andhra Pradesh, Rep. by its Principal Secre
- Administration Department, Secretariat, Velagapudi, Guntur District, Andhra Pradesh.
-
- The AP TRANSCO, Rep. by its Chairman & Managing Director, Vidyut Soudha, Gunadala, Vijayawada, Andhra Pradesh-520004.
...Respondents
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 to stay all further proceeding in pursuance of the orders, dated 19.04.2023 made in W.P.No.9631 of 2023, pending disposal of the above Writ Appeal.
Counsel for the Appellants: SRI METTA CHENDRA SEKHAR RAO
Counsel for the Respondents: SRI PEETA RAMAN
Counsel for the Respondents: GP FOR SERVICES - I
Counsel for the Respondents: GP FOR GAD
Counsel for the Respondents: SRI ANUP KOUSHIK KARAVADI, SC for APRANSCO
WRIT APPEAL NO: 545 OF 2023
Writ Appeal under Clause 15 of the Letters Patent preferred against the Order dated 10.04.2023 made IA.No.1 of 2023 in W.P.No.86120 of 2023 on the file of the High Court.
Between:
- The Eastern Power Distribution Corporation of AP LTD., Rep. by its Chairman and Managing Director, Corporate Office, Seethammadhara, Visakhapatnam, Andhra Pradesh.
-
- The Chief General Manager (HRD), APEPDCL, Corporate Office, Seethammadhara, Visakhapatnam, Andhra Pradesh.
-
- The Superintendent Engineer (Operation), APEPDCL, Rajamahendravaram, Operation Circle, Rajamahendravaram, East Godavari District, Andhra Pradesh.
-
- The Executive Engineer (Operation), APEPDCL, Rajamahendravaram, Operation Circle, Rajamahendravaram, East Godavari District, Andhra Pradesh.
...Appellants
- AND 1. Geddam Seshaiah, S/o. Peda Veera Venkayya, aged 59 years, occ. Lineman, R/o.H.No.4-47, SC Pet, Behind Luthern Church, Seethanagaram Mandalam, Muggulla, East Godavari District, A.P.
-
- The State of Andhra Pradesh, Rep. by its Principal Secretary, Finance Department, Secretariat, Velagapudi, Guntur District, Andhra Pradesh.
-
- The Principal Secretary, Government of Andhra Pradesh, Energy Department, Secretariat, Velagapudi, Guntur District, Andhra Pradesh.
-
- The Principal Secretary, Government of Andhra Pradesh, General Administration Department, Secretariat, Velagapudi, Guntur District, Andhra Pradesh.
-
- The AP TRANSCO, Rep. by its Chairman and Managing Director, Vidyut Soudha, Gunadala, Vijayawada, Andhra Pradesh-520004.
...Respondents
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 to stay all further proceeding in pursuance of the orders, dated 10.04.2023 made in W.P.No.8612 of 2023, pending disposal of the above Writ Appeal.
Counsel for the Appellant: SRI METTA CHENDRA SEKHAR RAO
Counsel for the Respondents: P RAVIKANTH
Counsel for the Respondents: GP FOR SERVICES - I
Counsel for the Respondents: GP FOR GAD
Counsel for the Respondents: SRI ANUP KOUSHIK KARAVADI, SC for APRANSCO
WRIT APPEAL NO: 551 OF 2023
Writ Appeal under Clause 15 of the Letters Patent preferred against the Order dated 04.04.2023 made in IA.No.1 of 2023 in W.P. No. 8404 of 2023 on the file of the High Court.
Between:
- The Eastern Power Distribution Corporation of AP LTD., Rep. by its Chairman and Managing Director, Corporate Office, Seethammadhara, Visakhapatnam, Andhra Pradesh.
-
- The Chief General Manager (HRD), APEPDCL, Corporate Office, Seethammadhara, Visakhapatnam, Andhra Pradesh.
-
- The Superintendent Engineer (Operation), APEPDCL, Eluru Operation Circle, Eluru, Eluru District, Andhra Pradesh
...Appellants
AND
-
- K N CH V Raju, S/o. Sundara Rao, Age. 60 years, Occ. Rtd. Sr. Line Inspector, R/o. 27-23-49/1, Ameenapeta, Etiqattu, Eluru, Eluru District, Andhra Pradesh
-
- The State of Andhra Pradesh, Rep. By its Principal Secretary, Finance Department, Secretariat, Velagapudi, Guntur District, Andhra Pradesh.
- The Principal Secretary, Government of Andhra Pradesh, Energy Department,<br>Secretariat, Velagapudi, Guntur District, Andhra Pradesh.
-
- The Principal Secretary, Government of Andhra Pradesh, General Administration Department, Secretariat, Velagapudi, Guntur District, Andhra Pradesh.
-
- The AP TRANSCO, Rep. By its Chairman and Managing Director, Vidyut Soudha, Gunadala, Vijayawada, Andhra Pradesh-520004.
...Respondents
IA NO: 2 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 to stay all further proceeding in pursuance of the orders, dated 04.04.2023 made in W.P.No.8404 of 2023, pending disposal of the above Writ Appeal.
Counsel for the Appellants: SRI METTA CHENDRA SEKHAR RAO
Counsel for the Respondents: SRI PEETA RAMAN
Counsel for the Respondents: GP FOR SERVICES - I
Counsel for the Respondents: GP FOR GAD
Counsel for the Respondents: SRI ANUP KOUSHIK KARAVADI, SC for APRANSCO
WRIT APPEAL NO: 552 OF 2023
Writ Appeal under Clause 15 of the Letters Patent preferred against the Order dated 12.04.2023 made in IA.No.1 of 2023 in W.P.No.8823 of 2023 on the file of the High Court.
Between:
-
- The Eastern Power Distribution Corporation of AP Ltd., Rep. by its Chairman and Managing Director, Corporate Office, Seethammadhara, Visakhapatnam, Andhra Pradesh.
- The Chief General Manager (HRD), APEPDCL, Corporate Office, Seethammadhara, Visakhapatnam, Andhra Pradesh. 2. The
-
- The Superintendent Engineer (Operation), APEPDCL, Eluru, Operation Circle, Eluru, Eluru District, Andhra Pradesh.
...Appellants
AND
-
- Veeramalla Krishna, S/o. Ganga Raju, Aged about 60 years, Occ- Rtd. Lineman, R/o. 13-49, Behind Sri Chaitanya School, Devarapalli Village, Post and Mandal, Rajahmundry District, Andhra Pradesh.
-
- The State of Andhra Pradesh, Rep. by its Principal Secretary, Finance The State of Andrea Pradesh, Rep. by the Principal Secretary, Principal Secretary, Principal Secretary, Principal Secretary, Principal Secretary, Energy The State of Andhra Pradesh, Rep. by its Pr
- Department, Secretariat, Velagapudi, Guntur District, Andhra Pradesh.
-
- The State of Andhra Pradesh, Rep. by its Principal Secretary, General Administration Department, Secretariat, Velagapudi, Guntur District, Andhra Pradesh.
-
- The AP TRANSCO, Rep. by its Chairman and Managing Director, Vidyut Soudha, Gunadala, Vijayawada, Andhra Pradesh-520004.
...Respondents
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 to stay all further proceeding in pursuance of the orders, dated 12.04.2023 made in W.P.No.8823 of 2023, pending disposal of the above Writ Appeal.
Counsel for the Appellants: SRI METTA CHENDRA SEKHAR RAO
Counsel for the Respondents: SRI PEETA RAMAN
Counsel for the Respondents: GP FOR SERVICES ā I
Counsel for the Respondents: SRI ANUP KOUSHIK KARAVADI, SC for APRANSCO
Counsel for the Respondents: GP FOR GAD
WRIT APPEAL NO: 553 OF 2023
Writ Appeal under Clause 15 of the Letters Patent preferred against the Order dated 04.04.2023made in IA.No.1 of 2023 in W.P.No.8405 of 2023 on the file of the High Court.
Between:
-
- The Eastern Power Distribution Corporation of AP Limited, Rep. by its Chairman and Managing Director, Corporate Office, Seethammadhara, Visakhapatnam, Andhra Pradesh.
-
- The Chief General Manager (HRD), APEPDCL, Corporate Office, Seethammadhara, Visakhapatnam, Andhra Pradesh.
-
- The Superintendent Engineer (Operation), APEPDCL, Eluru Operation Circle, Eluru, Eluru District, Andhra Pradesh.
AND
...Appellants
- M Edwin Fastin, S/o. Edwin, Age. 60 years, Occ. Rtd. Senior Assistant, R/o. 13-65, Vidya Nagar, Near Mother Theresa Water Plant, Eluru, Eluru District, Andhra Pradesh.
-
- The State of Andhra Pradesh, Rep. By its Principal Secretary, Finance Department, Secretariat, Velagapudi, Guntur District, Andhra Pradesh.
-
- The Principal Secretary, Government of Andhra Pradesh, Energy Department. Secretariat, Velagapudi, Guntur District, Andhra Pradesh.
-
- The Principal Secretary, Government of Andhra Pradesh, General Administration Department, Secretariat, Velagapudi, Guntur District, Andhra Pradesh.
-
- The AP TRANSCO, Rep. By its Chairman and Managing Director, Vidyut Soudha, Gunadala, Vijayawada, Andhra Pradesh-520004.
-
- The Union of India, Rep. by its Secretary, Power, New and Renewable Energy Department, Atal Akshay Urja Bhawan, CGO Complex, Lodhi Road, New Delhi-110 003.
-
- The Union of India, Rep. by its Secretary, General Administration Department, Rashtrapati Bhavan, New Delhi-110 004.
IA NO: 2 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 to stay all further proceeding in pursuance of the orders, dated 04.04.2023 made in W.P.No.8405 of 2023, pending disposal of the above Writ Appeal.
Counsel for the Appellants: SRI METTA CHENDRA SEKHAR RAO
Counsel for the Respondents: SRI PEETA RAMAN
Counsel for the Respondents: GP FOR SERVICES - I
Counsel for the Respondents: GP FOR GAD
Counsel for the Respondents: SRI ANUP KOUSHIK KARAVADI, SC for APRANSCO
Counsel for the Respondents: SRI N.HARINATH, DSG
WRIT APPEAL NO: 563 OF 2023
Writ Appeal under Clause 15 of the Letters Patent preferred against the Order dated11.04.2023 made in W.P.No.8659 of 2023 on the file of the High Court.
Between:
-
- The Southern Power Distribution Company of AP Ltd, Rep., by its Chairman Managing Director, Corporate Office, Srinivasapuram, and Behind
- SrinivasaKalyana Mandapam, Tirupati, Tirupati District, Andhra Pradesh.<br>2. The Chief General Manager (HRD), APSPDCL, Corporate C Office, Srinivasapuram, Behind Srinivasa Kalyana Mandapam, Tirupati, Tirupati District, Andhra Pradesh.
...Appellants
-
- T Vanaja, D/o. T. G.Sanjeeva Rao, Age 61 years, Occ. Rtd., Executive Director, HRD, R/o. 4529/38/16, 3<sup>rd</sup> Lane, Vidya Nagar, Guntur, Andhra Pradesh.
-
- The State of Andhra Pradesh, rep., by its Principal Secretary, Finance Department, Secretariat, Velagapudi, Guntur District, Andhra Pradesh.
-
- The Principal Secretary, Government of Andhra Pradesh, Energy Department, Secretariat, Velagapudi, Guntur District, Andhra Pradesh.
-
- The Principal Secretary, Government of Andhra Pradesh, General Administration Department, Secretariat, Velagapudi, Guntur District, Andhra Pradesh.
-
- The APTRANSCO, rep., by its Chairman and Managing Director, Vidyut Soudha, Gunadala, Vijayawada, Andhra Pradesh-520004.
-
- The Union of India, Rep by its Secretary, Power New and Renewable Energy Department, Atal Akshay Urja Bhawan, CGO Complex, Lodhi Road, New Delhi 110 003.
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 to stay all further proceeding in pursuance of the orders, dated 11.04.2023 made in W.P.No.8659 of 2023, pending disposal of the above Writ Appeal.
Counsel for the Appellant: SRI V R REDDY KOVVURI (SC FOR APSPDCL)
Counsel for the Respondents: SRI PEETA RAMAN
Counsel for the Respondents: GP FOR SERVICES - I
Counsel for the Respondents: GP FOR GAD
Counsel for the Respondents: SRI ANUP KOUSHIK KARAVADI, SC for APRANSCO
Counsel for the Respondents: SRI N.HARINATH, DSG
WRIT APPEAL NO: 564 OF 2023
Writ Appeal under Clause 15 of the Letters Patent preferred against the Order dated11.04.2023 made in W.P.No.8647 of 2023 on the file of the High Court.
Between:
-
- The Southern Power Distribution Company of AP Ltd, Rep., by its Chairman and Managing Director, Corporate Office, Srinivasapuram, Behind Srinivasa Kalyana Mandapam, Tirupati, Tirupati District, Andhra Pradesh.
- The Chief General Manager (HRD), APSPDCL, Corporate Office,<br>Srinivasapuram, Behind Srinivasa Kalyana Mandapam, Tirupati, Tirupati,<br>District, Andhra Pradesh.
-
- The Superintendent Engineer, Operation, APSPDCL, Kurnool, Operation Circle Kurnool, Kurnool District, Andhra Pradesh.
...Appellants
-
- N Govindappa, S/o.Pedda Anjaneya, Age 59 years, Occ. Lineman, APSPDCL, O/o. the Assistant Engineer, Chippagiri Section, Nemakallu Village and Post, Chippagiri Mandal, Kurnool District, Andhra Pradesh.
-
- The State of Andhra Pradesh, rep., by its Principal Secretary, Finance Department, Secretariat, Velagapudi, Guntur District, Andhra Pradesh.
- The Principal Secretary, Government of Andhra Pradesh, Energy Department,<br>Secretariat, Velagapudi, Guntur District, Andhra Pradesh.
-
- The Principal Secretary, Government of Andhra Pradesh, General Administration Department, Secretariat, Velagapudi, Guntur District, Andhra Pradesh.
-
- The APTRANSCO, rep., by its Chairman and Managing Director, Vidyut Soudha, Gunadala, Vijayawada, Andhra Pradesh-520004.
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 to stay all further proceeding inpursuance of the orders, dated 11.04.2023 made in W.P.No.8647 of 2023, pending disposal of the above Writ Appeal.
Counsel for the Appellant: SRI V R REDDY KOVVURI, (SC FOR APSPDCL)
Counsel for the Respondents: SRI PEETA RAMAN
Counsel for the Respondents: GP FOR SERVICES - I
Counsel for the Respondents: GP FOR GAD
Counsel for the Respondents: SRI ANUP KOUSHIK KARAVADI, SC for APRANSCO
WRIT APPEAL NO: 567 OF 2023
Writ Appeal under Clause 15 of the Letters Patent preferred against the order passed in I.A.No.2 of 2023 in WP.No. 7611 of 2022 dated 24.04.2023 on the file of the High Court.
Between:
-
- The Prakasam District Co Operative Central Bank Ltd, J-51, Rep by its Chief Executive Officer, (CEO), O/o Central Office, Governor Road, Ongole, Prakasam District, Andhra Pradesh.
-
- The Chairman, the Prakasam District Co-operative Central Bank Ltd, Ongole, Prakasam District. Andhra Pradesh.
...Appellants
-
- M Sankar Prasad, S/o Umamaheswara Rao, Aged about 60years, Occ.A.G.M.P.D.C.C.Bank Ltd., D.No.8-165(12A) Rajeev Nagar, Ongole-523002, Prakasam District, Andhra Pradesh.
-
- The State of Andhra Pradesh, Rep by its Principal Secretary to Government, Agricultural Co-operation Department, Secretariat, Velagapudi, Amaravati, Guntur District, Andhra Pradesh.
-
- The Commissioner for Cooperation and Registrar of Cooperative Societies, Government of Andhra Pradesh, D.No.2, Skylark Towers, 16-83 IPD<br>Colony, 11<sup>th</sup> Line, Syamala Nagar, Guntur, Guntur District, Andhara Pradesh.<br>The District co-operative officer, Ongole, Prakasam District.
-
- The Divisional co-operative officer, Ongole, Prakasam District.
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 to suspend the operation of order of Hon'ble Learned Single Judge passed in I.A No.2 of 2023 in Writ Petition no 7611of 2022 dated. 24.04.2023, pending disposal of writ appeal in the interest of justice and fair play.
Counsel for the Appellant: SRI RAVI KUMAR.C
Counsel for the Respondents: SRI GANTA PRASAD
Counsel for the Respondents: GP FOR SERVICES - I
Counsel for the Respondents: GP FOR GAD
Counsel for the Respondents: SRI ANUP KOUSHIK KARAVADI, SC for APRANSCO
WRIT APPEAL NO: 575 OF 2023
Writ Appeal under Clause 15 of the Letters Patent preferred against the Order dated 04.04.2023 made in WP. No. 8360 of 2023 on the file of the High Court.
Between:
- Eastern Power Distribution Company of Andhra Pradesh Ltd (APEPDCL),<br>Corporate Office, Seethammadhara, Visakhapatnam, Andhra Pradesh. Rep.<br>by its Chairman & Managing Director.
- The Chief General Manager (HRD), APEPDCL, Corporate Office,<br>Seethammadhara, Visakhapatnam.
-
- The Superintending Engineer, Operation Circle, APEPDCL, Srikakulam.
-
- The Executive Engineer, Operation, APEPDCL, Palakonda Division, Srikakulam District.
...Appellants
-
- Gogula Appala Naidu, S/o. Rami Naidu, Aged 60 years, Occ. Senior Assistant, ERO, Palakonda, APEPDCL, R/o.D.No. 2-49, Main Street, Venkatapuram, Srikakulam, Srikakulam District.
-
- The State of Andhra Pradesh, Rep. by its Principal Secretary, Finance Department, Secretariat, Velagapudi, Guntur District, Andhra Pradesh.
- The Principal Secretary, Government of Andhra Pradesh, Energy Department,<br>Secretariat, Velagapudi, Guntur District, Andhra Pradesh.
-
- The Principal Secretary, Government of Andhra Pradesh, General Administration Department, Secretariat, Velagapudi, Guntur District, Andhra Pradesh.
- Transmission Corporation of A.P. Ltd., (AP Transco), Vidyut Souda Eluru Road, Gunadala, Vijayawada, Andhra Pradesh 520004.
...Respondents
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 to stay all further proceeding in pursuance of the orders, dated 04.04.2023 made in W.P. No.8360 of 2023, pending disposal of the above Writ Appeal.
Counsel for the Appellants: SRI METTA CHENDRA SEKHAR RAO
Counsel for the Respondents: SRI RAMBABU KOPPINEEDI
Counsel for the Respondents: GP FOR SERVICES - I
Counsel for the Respondents: GP FOR GAD
Counsel for the Respondents: SRI ANUP KOUSHIK KARAVADI, SC for APRANSCO
WRIT APPEAL NO: 580 OF 2023
Writ Appeal under Clause 15 of the Letters Patent preferred against the Order dated 04.04.2023 made in IA.No.1 of 2023 in WP.No. 8431 of 2023 on the file of the High Court.
Between:
-
- The Eastern Power Distribution Corporation of AP Ltd, Rep. by its Chairman and Managing Director, Corporate Office, Seethammadhara, Visakhapatnam, Andhra Pradesh.
-
- The Chief General Manager (HRD), APEPDCL, Corporate Office, Seethammadhara, Visakhapatnam, Andhra Pradesh.
...Appellants
-
- Gorla Chiranjeevi Rao, S/o. Punnayya, Age. 60 years, occ. Rtd. Chief General Manager (Commercial), R/o.S4, Rock Dale Residency, RockDale Layout, Ramnagar, Behind Apollo Hospital, Visakhapatnam, Visakhapatnam District, AndhraPradesh-530002
-
- The State of Andhra Pradesh, Rep. by its Principal Secretary, Finance Department, Secretariat, Velagapudi, Guntur District, Andhra Pradesh.
-
- The Principal Secretary, Government of Andhra Pradesh, Energy Department, Secretariat, Velagapudi, Guntur District, Andhra Pradesh.
-
- The Principal Secretary, Government of Andhra Pradesh, General Administration Department, Secretariat, Velagapudi, Guntur District, Andhra Pradesh.
-
- The AP TRANSCO, Rep. by its Chairman and Managing Director, Vidyut Soudha, Gunadala, Vijayawada, Andhra Pradesh-520 004.
-
- The Union of India, Rep. by its Secretary, Power, New and Renewable Energy Department, Atal Akshay Urja Bhavan, CGO Complex, Lodhi Road, New Delhi-110003.
-
- The Union of India, Rep. by its Secretary, General Administration Department, Rashtrapati Bhavan, New Delhi-110004.
IA NO: 2 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 to stay all further proceeding in pursuance of the orders, dated 04.04.2023 made in IA.No.1/2023 in W.P.No.8431 of 2023, pending disposal of the above Writ Appeal.
Counsel for the Appellants: SRI METTA CHENDRA SEKHAR RAO
Counsel for the Respondents: SRI PEETA RAMAN
Counsel for the Respondents: GP FOR SERVICES - I
Counsel for the Respondents: GP FOR GAD
Counsel for the Respondents: SRI ANUP KOUSHIK KARAVADI, SC for APRANSCO
Counsel for the Respondents: SRI N.HARINATH, DSG
WRIT APPEAL NO: 584 OF 2023
Writ Appeal under Clause 15 of the Letters Patent preferred against the Order dated 12.04.2023 made in IA.No.1 of 2023 in WP.No. 8808 of 2023 on the file of the High Court.
Between:
-
- The Eastern Power Distribution Corporation of AP Ltd, Rep. by its Chairman Director, AND Managing Corporate Seethammadhara, Office. Visakhapatnam, Andhra Pradesh.
-
- The Chief General Manager (HRD), APEPDCL, Corporate Office, Seethammadhara, Visakhapatnam, Andhra Pradesh.
...Appellants
-
- Vinta Prakasa Rao, S/o. Prasada Rao, Age 61 years, Occ Rtd.<br>Superintending Engineer (DPE), R/o.F.No.304, Geddappa Enclave, Kalinga Nagar, Madhava Dhara, Visakhapatnam, Andhra Pradesh-530013
-
- The State of Andhra Pradesh, Rep. by its Principal Secretary, Finance<br>Department, Secretariat, Velagapudi, Guntur District Andhra Pradesh.
-
- The Principal Secretary, Government of Andhra Pradesh, Energy Department, Secretariat, Velagapudi, Guntur District, Andhra Pradesh.
-
- The Principal Secretary, Government of Andhra Pradesh, General Administration Department, Secretariat, Velagapudi, Guntur District, Andhra Pradesh.
-
- The AP TRANSCO, Rep. by its Chairman AND Managing Director, Vidyut Soudha, Gunadala, Vijayawada, Andhra Pradesh-520 004.
-
- The Union of India, Rep. by its Secretary, Power, New AND Renewable Energy Department, Atal Akshay Urja Bhavan, CGO Complex, Lodhi Road, New Delhi-110 003.
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 to stay all further proceeding in pursuance of the orders, dated 12.04.2023 made in W.P.No.8808 of 2023, pending disposal of the above Writ Appeal.
Counsel for the Appellant: SRI METTA CHENDRA SEKHAR RAO
Counsel for the Respondents: SRI PEETA RAMAN
Counsel for the Respondents: GP FOR SERVICES - I
Counsel for the Respondents: GP FOR GAD
Counsel for the Respondents: SRI ANUP KOUSHIK KARAVADI, SC for APRANSCO
Counsel for the Respondents: SRI N.HARINATH, DSG
WRIT APPEAL NO: 585 OF 2023
Writ Appeal under Clause 15 of the Letters Patent preferred against the Order dated 12.04.2023 made in IA.No.1 of 2023 in W.P.No.8958 of 2023 on the file of the High Court.
Between:
-
- The Eastern Power Distribution Corporation of AP Ltd., Rep. by its Chairman and Managing Director, Corporate Office, Seethammadhara, Visakhapatnam, Andhra Pradesh.
-
- The Chief General Manager (HRD), APEPDCL, Corporate Office, Seethammadhara, Visakhapatnam, Andhra Pradesh.
-
- The Superintendent Engineer (Operation) APEPDCL, Srikakulam Operation Circle, Srikakulam, Srikakulam District, Andhra Pradesh.
-
- The Executive Engineer (Operation), APEPDCL, Operation Division, Tekkali Srikakulam District
...Appellants
-
- Sigilipalli Anandarao, S/o. Late Ramachandrudu, Aged about 61 years, occ. APEPDC Ltd, R/o. Prasant Nagar, Near G.C. Home, Polaki Road, Narasannapeta, Town and Mandal, Srikakulam District.
-
- The State of Andhra Pradesh, Rep. by its Principal Secretary, Finance Department, Secretariat, Velagapudi, Guntur District, Andhra Pradesh.
-
- The Principal Secretary, Government of Andhra Pradesh, Energy Department, Secretariat, Velagapudi, Guntur District, Andhra Pradesh.
-
- The Principal Secretary, Government of Andhra Pradesh, General Administration Department, Secretariat, Velagapudi, Guntur District, Andhra Pradesh.
-
- The AP TRANSCO, Rep. by its Chairman and Managing Director, Vidyut Soudha, Gunadala, Vijayawada, Andhra Pradesh-520 004.
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 to stay all further proceeding in pursuance of the orders, dated 12.04.2023 made in IA.No.1 of 2023 in WP.No.8958 of 2023, pending disposal of the above Writ Appeal.
Counsel for the Appellants: SRI METTA CHENDRA SEKHAR RAO
Counsel for the Respondents: SRI UMASANKAR LOKANADHAM
Counsel for the Respondents: GP FOR SERVICES - I
Counsel for the Respondents: GP FOR GAD
Counsel for the Respondents: SRI ANUP KOUSHIK KARAVADI, SC for APRANSCO
WRIT APPEAL NO: 587 OF 2023
Writ Appeal under Clause 15 of the Letters Patent preferred against the Order dated 04.04.2023 made in IA.No.1 of 2023 in WP.No.8403 of 2023 on the file of the High Court.
Between:
-
- The Eastern Power Distribution Corporation of AP Ltd, Rep. by its Chairman percent Managing Director, Corporate Office, Seethammadhara. Visakhapatnam, Andhra Pradesh.
- The Chief General Manager (HRD), APEPDCL, Corporate Office,<br>Seethammadhara, Visakhapatnam, Andhra Pradesh.
...Appellants
-
- N.Gangadhar, S/o PallaRao, Age.61 years, occ.Rtd. Chief General Manager (RA, PP percent QC), R/o.50-1-52/1, Sri Nilayam, Near Kshatriya Kalyana Mandapam, Seethammadhara, Alluri Sitrama Raju Nagar, Visakhapatnam District, Andhra Pradesh-530013.
-
- The State of Andhra Pradesh, Rep. by its Principal Secretary, Finance Department, Secretariat, Velagapudi, Guntur District, Andhra Pradesh.
-
- The Principal Secretary, Government of Andhra Pradesh, Energy Department, Secretariat, Velagapudi, Guntur District, Andhra Pradesh.
-
- The Principal Secretary, Government of Andhra Pradesh, General Administration Department, Secretariat, Velagapudi, Guntur District, Andhra Pradesh.
- The AP TRANSCO, Rep. by its Chairman & Managing Director, Vidyut Soudha, Gunadala, Vijayawada, Andhra Pradesh-520 004.
...Respondents
IA NO: 2 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 to stay all further proceeding in pursuance of the orders, dated 04.04.2023 made in W.P.No.8403 of 2023, pending disposal of the above Writ Appeal.
Counsel for the Appellants: SRI METTA CHENDRA SEKHAR RAO
Counsel for the Respondents: SRI PEETA RAMAN
Counsel for the Respondents: GP FOR SERVICES- I
Counsel for the Respondents: GP FOR GAD
Counsel for the Respondents: SRI ANUP KOUSHIK KARAVADI, SC for APRANSCO
WRIT APPEAL NO: 588 OF 2023
Writ Appeal under clause 15 of the Letters Patent preferred against the Order dated 04.04.2023 made in IA. No. 1 of 2023 W.P. No. 8434 of 2023 and pass on the file of the High Court.
Between:
-
- The Eastern Power Distribution Corporation AP Ltd., Rep. by its Chairman and Managing Director, Corporate Office, Seethammadhara, Visakapatnam, Andhra Pradesh.
-
- The Chief General Manager (HRD) APEPDCL, Corporate Office, Seethammadhara, Visakhapatnam, Andhra Pradesh
-
- The Superintendent Engineer (Operation), APEPDCL, Eluru, Operation Circle, Eluru, Eluru District, Andhra Pradesh.
...Appellants
AND
-
- Sana Balusu Babu, S/o Sana Rayudu, Aged 59 years, Occ: Foreman, R/o.H.No.1-4-10/1,FIat No.301, Sai Towers, Western Street, Eluru, Eluru District.
-
- The State of Andhra Pradesh, Rep. by its Principal Secretary, Finance Department, Secretariat, Velagapudi, Guntur District, Andhra Pradesh
-
- The State of Andhra Pradesh, Rep. by its Principal Secretary, Finance Department, Secretariat, Velagapudi, Guntur District, Andhra Pradesh.
-
The State of Andhra Pradesh, Rep. by its Principal Secretary, General Administration Department, Secretariat, Velagapudi, Guntur District, Andhra Pradesh
-
The AP TRANSCO, Rep. by its Chairman and Managing Director, Vidyut Soudha, Gunadala, Vijayawada, Andhra Pradesh-520004.
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 to stay all further proceeding in pursuance of the orders, dated 04.04.2023 made in W.P.No.8434 of 2023, pending disposal of the above Writ Appeal.
Counsel for the Appellants: SRI. METTA CHENDRA SEKHAR RAO
Counsel for the Respondents: P. RAVIKANTH
Counsel for the Respondents: GP FOR FINANCE
Counsel for the Respondents: GP FOR ENERGY
Counsel for the Respondents: GP FOR GAD
Counsel for the Respondents: SRI ARUN KUMAR KOUSHIK, STANDING COUNSEL
WRIT APPEAL NO: 595 OF 2023
Writ Appeal under Clause 15 of the Letters Patent preferred against the Order dated 03.04.2023 made in W.P. No. 8169 of 2023 on the file of the High Court.
Between:
-
- The Eastern Power Distribution Corporation of AP Ltd., Rep. by its Chairman and Managing Director, Corporate Office, Seethammadhara, Visakhapatnam, Andhra Pradesh.
-
- The Chief General Manager (HRD), APEPDCL, Corporate Office, Seethammadhara, Visakhapatnam, Andhra Pradesh.
...Appellants
AND
-
- T. Lakshmana Rao, S/o Jaggayya, Aged 60 years, Occ: Rtd. Superintending Engineer (Civil), Corporate Office, AP EPDCL, P 85T Colony,
- Seethammadhara, Visakhapatnam, Andhra Pradesh-530013. 2. The State of Andhra Pradesh, Rep. by its Principal Secretary, Finance
- Department, Secretariat, Velagapudi, Guntur District, Andhra Pradesh.
-
- The Principal Secretary, Government of Andhra Pradesh, Energy Department, Secretariat, Velagapudi, Guntur District, Andhra Pradesh.
-
- The Principal Secretary, Government of Andhra Pradesh, General Administration Department, Secretariat, Velagapudi, Guntur District, Andhra Pradesh.
-
- The AP TRANSCO, Rep. by its Chairman and Managing Director, Vidyut Soudha, Gunadala, Vijayawada, Andhra Pradesh-520 004.
...Respondents
IA NO: 2 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 to stay all further proceeding in pursuance of the orders, dated 03.04.2023 made in W.P.No.8169 of 2023, pending disposal of the above Writ Appeal.
Counsel for the Appellants: SRI METTA CHENDRA SEKHAR RAO
Counsel for the Respondents: SRI PEETA RAMAN
Counsel for the Respondents: GP FOR GAD
Counsel for the Respondents: GP FOR SERVICES - I
Counsel for the Respondents: SRI ANUP KOUSHIK KARAVADI, SC for APRANSCO
WRIT APPEAL NO: 614 OF 2023
Writ Appeal under Clause 15 of the Letters Patent preferred against the Order dated 11.04.2023 made in IA.No.1 of 2023 in W.P. No. 8665 of 2023 on the file of the High Court.
Between:
-
- The Eastern Power Distribution Corporation of AP Ltd. Rep. by its Chairman and Managing Director, Corporate Office, Seethammadhara, Visakhapatnam, Andhra Pradesh.
-
- The Chief General Manager (HRD), APEPDCL, Corporate Office, Seethammadhara, Visakhapatnam, Andhra Pradesh.
...Appellants
AND
-
- Yelipe Satyanarayana, S/o. Nagabhusanam, Age. 60 years, occ. Rtd. Assistant Accounts Officer, R/o.12-2-25/4/2, AP Housing Board Colony, Near Red Bridge, Amalapuram, Dr.BR Ambedkar Konaseema District, Andhra Pradesh.
-
- The State of Andhra Pradesh, Rep. by its Principal Secretary, Finance
- The State of Andria Pracesh, Rep. By its Philippa Secretary, Philippa Secretary, Philippa Secretariat, Velagapudi, Guntur District, Andhra Pradesh. The Principal Secretary, Government of Andhra Pr
- Administration Department, Secretariat, Velagapudi, Guntur District, Andhra Pradesh.
-
- The AP TRANSCO, Rep. by its Chairman and Managing Director, Vidyut Soudha, Gunadala, Vijayawada, Andhra Pradesh-520 004.
-
- The Union of India, Rep. by its Secretary, Power, New and Renewable Energy Department, Atal Akshay Urja Bhavan, CGO Complex, Lodhi Road, New Delhi-110 003.
-
- The Union of India, Rep. by its Secretary, General Administration Department, Rashtrapati Bhavan, New Delhi-110 004.
...Respondents
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 to stay all further proceeding in pursuance of the orders, dated 11.04.2023 made in IA.No.1/2023 in WP.No.8665 of 2023, pending disposal of the above Writ Appeal.
Counsel for the Appellants: SRI METTA CHENDRA SEKHAR RAO
Counsel for the Respondents: SRI PEETA RAMAN
Counsel for the Respondents: GP FOR SERVICES - I
Counsel for the Respondents: SRI ANUP KOUSHIK KARAVADI, SC for APRANSCO
Counsel for the Respondents: SRI N.HARINATH, DSG
WRIT APPEAL NO: 619 OF 2023
Writ Appeal under Clause 15 of the Letters Patent preferred against the order dated 11.04.2023 in I.A.No.1 of 2023 in W.P. No. 8765 of 2023 on the file of the High Court.
Between:
-
- Andhra University, Visakhapatnam District, Rep. by its Registrar.
-
- The Deputy Registrar (Administration), Andhra University, Visakhapatnam, Visakhapatnam District.
...Appellants
- Dr Korra Samrajya Lakshmi, W/o. Dr.B.S. Nayak, aged 60 years, Special Registrar R/o. H.No. 8-65-88, AU. Quarters, Near AU Registrar Office, Visakhapatnam, Visakhapatnam District.
AND
-
- The State of Andhra Pradesh, Rep. by its Special Chief Secretary, Higher Education Department, Secretariat Buildings, Velagapudi, Thullur Mandal, Amaravathi, Guntur District.
-
- The State of Andhra Pradesh, Rep. by its Special chief Secretary, Finance Department, Secretariat Buildings, Velagapudi, Thullur Mandal, Amaravathi, Guntur District.
-
- The AP State Council of Higher Education (APSCHE), Rep. by the Secretary, 3<sup>rd</sup>, 4<sup>th</sup>, 5<sup>th</sup> Floors, Neeldari Towers, Sri Ram Nagar, 6<sup>th</sup> Battalion Road, Atmnakur (V), Mangalagiri (M), Guntur-522 503, Andhra Pradesh.
...Respondents
IA NO: 2 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 to suspend the interim order in IA.No.1 of 2023 in Writ Petition No. 8765 of 2023 dt. 11.04.2023 passed by the Hon'ble Single Judge pending disposal of the Writ Appeal.
Counsel for the Appellants: SRI V SAI KUMAR
Counsel for the Respondents: SRI RAMBABU KOPPINEEDI
Counsel for the Respondents: GP FOR SERVICES - I
Counsel for the Respondents: GP FOR SERVICES - II
Counsel for the Respondents: SRI N.HARINATH, DSG
WRIT APPEAL NO: 622 OF 2023
Writ Appeal under Clause 15 of the Letters Patent preferred against the order dated 19.04.2023 in I.A.No.1 of 2023 in W.P.No.9675 of 2023 on the file of the High Court.
Between:
-
- Andhra University, Visakhapatnam District, Rep. by its Registrar.
-
- The Deputy Registrar (Administration), Andhra University, Visakhapatnam, Visakhapatnam District.
...Appellants
AND
-
- P.Padmanabham, S/o. Anantha Nair, Aged 60 years, presently working as Senior Assistant, Department of Directorate of Administrations, Andhra University, Visakhapatnam, Visakhapatnam District.
-
- The State of Andhra Pradesh, Rep. by its Special chief Secretary to<br>Government, Department of Finance (HR.IV-FR and LR), Government of Andhra Pradesh, Secretariat, Velagapudi Village, Tullur Mandal, Guntur District.
-
- The State of Andhra Pradesh, Rep. by its Principal Secretary to Government, Higher Education Department, Government of Andhra Pradesh, Secretariat, Velgapudi Village, Tullur Mandal, Guntur District.
...Respondents
IA NO: 2 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 to suspend the interim order in I.A.No.1 of 2023 in Writ Petition No. 9675 of 2023 dt. 19.04.2023 passed by the Hon'ble High Court of Single Judge pending disposal of the Writ Appeal.
Counsel for the Appellants: SRI V SAI KUMAR
Counsel for the Respondents: SRI MADHAVA RAO NALLURI
Counsel for the Respondents: GP FOR SERVICES - I
Counsel for the Respondents: GP FOR SERVICES - II
The Court made the following: common judgment
:ECoF; yALE &R1 JUSTICE DV. S. S. SQMAYAJU L U
AN1J'
HON''B:LE SB.1 J'US':ICE IMJPIPALA VENK.ATA RAMANA W.A.No gā¢.392s 443. 444 544, 545,_5 ,_552, 553, 563, 564, 5672 575x 5~;Ci, .E S4, 55. 587, 588, 595, 614, 619 and 622 of 2023
COMMON JUJo'GM:EWr: (per Hort'ble D. V. S. S. Somayajulu)
This Batch of Writ. Appeals is taken up for hearing with the consent o:" all the learned counsels appearing for the respective parties.
-
Learned Advocate General argued the matter for the appellants on being instructed by all the counsels., namely learned standing counsel for the respective organisations which have preferred to appeals. Sri Pita Raman led the arguments for the respondents/writ petitioners.
-
As pointed out by the learned. Advocate General, the learned single dudg+~s granted interim orders without looking into the prayer made, which in a high percentage of these matters, were for re:t' :rence; sending proposals for enhancement of the retirement age from 60 to 62 to the Government for approval. Without such approval and without compliance with some other mayor factors, it is s :?m:t? te=cl that age of retirement could not have
been increased by the organization itself let alone by the Court by granting interim prayer. The learned Advocate General submits that the learned Judges, should have looked into the pleading which clearly mentioned that proposals have to be sent for approval. Even without the said approval, the interim orders were granted. He also submits that in a majority of he cases, petitioners who have crossed the age of superannuation prior to the filing of the writ itself were directed to be taken back into service by the interim order. He contends that respondents were not even given an opportunity of properly contesting the case by filing counters before the interim orders were granted. He points out that granting of such an interim mandatory direction is an exception rather than rule, but in this batch of cases routinely the orders were granted long after the petitioners have retired.
- He also submits that the pracl:ice of granting an interim order which virtually grants a final order has been clep:recated by the Hon'ble Supreme Court on more than one occasion.. Lasl:ly, the learned Advocate General submits that the existing :law on the subject as laid down in the Division Bench decision reported. in G.Rama Mohan Rao v. Gout. of A..iP., was totally overlooked. This judgment was passed whim the Goverrirnent: had enhanced
'2017 (3) ALT 1
2
the age from 58 to 60 and according to the learned Advocate General, this judgment is a virtual answer to all the pleas raised by the learned counsels for the respondents/writ petitioners. This critical judgment was overlooked by the learned single Judges while granting the interim orders. He also points out that a Coordinate Division Bench also had an occasion to consider the issue in W.A.No.1033 of 2022 and batch. This Bench also upheld the contention of the State and that the enhancement of age is only applicable to those Government employees who are defined in The Andhra Pradesh Public Employment (Regulation Of Age Of Superannuation) Act, 1984 (for short `the Act 23 of 1984'), in sections 1 (2) (ii) and 1 (2) (iii) of the Act 23 of 1984. Employees belonging to the TRANSCO, Cooperative Societies and other State instrumentalities etc., are not governed by the Act. Therefore, he submits that the writ appeals should be allowed and the interim orders should be set aside.
- In reply to this, Sri Pita Raman, learned counsel, valiantly tried to defend the orders passed. It is his contention that the appellants have an opportunity of filing counters before the learned single Judges and get the order varied/modified or set aside. A Writ Appeal is not a proper remedy according to him. Therefore, he urges that all these issues should be raised before
the learned single Judges. He prays that the writ appeals should be dismissed.
COURT:
- This Court after hearing the submissions notices that it is true that as per the settled law, this Court should not lightly interfere with the interim order or entertain an appeal and should normally ask the parties to appear before the single Judge and seek a variation/modification or setting aside of the order. However, in view of the fact that an interim mandatory direction virtually reemploying retired people was given and in the bulk of the writ petitions, the order was passed contrary to the pleading, this Cour.t is of the opinion that it . has to interfere. When the petitioners themselves want the proposal to be sent to the Government for approval and processing, granting of an interim mandatory direction is not at all warranted. It is totally contrary to law. People who had retired were asked to be continued in service till they attain the age of 62 years. Therefore, this Court is of the opinion that this Court should interfere. In addition, the law on the subject is also clear and has been settled in the case of O. Rama Mohan Rao, which has been mentioned earlier. In identical circumstances earlier when the retirement age was raised from 58 to 60, large number of cases were filed and this
4
final judgment was delivered. It is fully applicable to the facts and circumstances of the case. An interim order was passed without looking into this important legal aspect. The order is in terms a virtual final order. Apart from the prima facie case etc the issue of balance of convenience etc was overlooked.
$7)$ For all the above mentioned reasons, the writ appeals are allowed and the interim orders which are the subject matter of challenge in each of these matters are set aside. As a sequel, the miscellaneous petitions if any shall stand dismissed.
Sd/- P.VENKATA RAMANA JOINT REGISTRAR
SECTION OFFICER
To,
The Special Chief Secretary to Government, Department of Finance (HR.IV-FR and LR), Government of Andhra Pradesh, State of Andhra Pradesh, Secretariat, Velagapudi Village, Thullur Mandal, Guntur District.
/TRUE COPY//
- The Principal Secretary to Government, Higher Education Department, State of<br>Andhra Pradesh, Government of Andhra Pradesh, Secretariat, Velagapudi Village, Thullur Mandal, Guntur District.
- The Special Chief Secretary, Higher Education Department, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Thullur Mandal, Amaravati, Guntur District.
-
- The Secretary, AP State Council of Higher Education (APSCHE), 3<sup>rd</sup>, 4<sup>th</sup>, 5<sup>th</sup> Floors, Neeldari Towers, Sri Ram Nagar, 6<sup>th</sup> Battalion Road, Atmnakur (V), Mangalagiri (M), Guntur-522 503, Andhra Pradesh.
The Principal Secretary, Government of Andhra Pradesh, Energy Department,<br>Secretariat, Velagapudi, Guntur District, Andhra Pradesh. The Principal Secretary, Government of Andhra Pradesh, General A
-
- The Chairman and Managing Director, AP TRANSCO, Vidyut Soudha, Gunadala, Vijayawada, Andhra Pradesh-520 004.
-
- The Secretary, Union of India, Power, New and Renewable Energy Department, Atal Akshay Urja Bhavan, CGO Complex, Lodhi Road, New Delhi-110 003.
-
- The Secretary, General Administration Department, Union of India, Rashtrapati Bhavan, New Delhi-110 004.
-
- The Principal Secretary to Government, Agricultural Co-operation Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravati, Guntur District, Andhra Pradesh.
-
- The Commissioner for Cooperation and Registrar of Cooperative Societies, Government of Andhra Pradesh, D.No.2, Skylark Towers, 16-83 IPD Colony, 11<sup>th</sup> Line, Syamala Nagar, Guntur, Guntur District, Andhra Pradesh.
-
- The District Co-Operative Officer, Ongole, Prakasam District.
-
The Divisional Co-Operative Officer, Ongole Prakasam District.
-
- One CC to Sri P Ravikanth, Advocate [OPUC]
-
One CC to Sri Ravi Kumar.C, Advocate [OPUC] One CC to Sri Ganta Prasad, Advocate [OPUC] One CC to Sri Metta Chendra Sekhar Rao, Advocate [OPUC] One CC to Sri Peeta Raman,
-
One CC to Sri Umasankar Lokanadham, Advocate [OPUC] One CC to Sri V Sai Kumar, Advocate [OPUC] One CC to Sri Rambabu Koppineedi, Advocate [OPUC] One CC to Sri Rambabu Kop
-
- One CC to Sri Madhava Rao Nalluri, Advocate [OPUC]
-
One CC to Sri V R Reddy Kovvuri, (SC for APSPDCL) [OPUC] One CC to Sri Number Kovsuri, (SC for APSPDCL) [OPUC] One CC to Sri M. Vidyasagar, (SC for APGENCO) [OPUC] One CC
-
- Two CCS to The Advocate General, High Court of Andhra Pradesh [OPUC]
-
Two CCs to GP for Finance & Planning, High Court of Andhra Pradesh. [OUT] Two CCs to GP for Higher Education, High Court of Andhra Pradesh. [OUT] Two CCs to GP for Higher Education, H
-
- Two CCs to GP for GAD, High Court of Andhra Pradesh. [OUT]
-
- Two CCs to GP for Services I, High Court of Andhra Pradesh. [OUT]
-
- Two CCs to GP for Services II, High Court of Andhra Pradesh. [OUT]
- Two CD Copies RAM
HIGH COURT
DATED:01/08/2023
COMMON ORDER
WA.Nos.392, 443, 444, 544, 552, 553, 563, 545,551 564, 567, 575, 580, 584, 585, 587, 588, 595, 614, 619 and 622 of 2023
ALLOWING THE ALL WRIT APPEALS WITHOUT COSTS