IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

FRIDAY, THE SIXTH DAY OF AUGUST TWO THOUSAND AND TWENTY ONE

:PRESENT:

THE HONOURABLE THE CHIEF JUSTICE SRI ARUP KUMAR GOSWAMI AND THE HONOURABLE SRI JUSTICE C.PRAVEEN KUMAR

IA No. 1 OF 2021 IN WA NO: 441 OF 2021

Between:

The Vice Chairman and Managing Director, Andhra Pradesh State Road Transport Corporation, RTC House, Vijayawada, Krishna District.

...Petitioner (Appellant in WA 441 OF 2021 on the file of High Court)

$\Omega_{\rm M}$

$£3268$

AND

• 1. Pragada Vasudevarao, S/o. Papayya, E-456337, Aged about 58 years, Occ:Retd Conductor C/o Srikakulam Depot-II, Srikakulam District.
• 2. P.V.R.S.S. Guptha, S/o. Nagabhusana Rao, E450877, Aged about 58 years, Occ:Retd., ADC, Srikakulam I Depot, Srikakulam District.
• 3. B.V. Ramana, S/o. Vasudeva Rao, E-450364, Aged about 58 years, Occ:ADC, Srikakulam I Depot, Srikakulam District
• 4. K.V.S Rao, S/o. Narasimha Apparao, E-452716, Aged about 58 years, Occ:Retd, Conductor, Srikakulam I Depot, Srikakulam District
• 5. LS Ramulu, S/o.L.Appayya, E-450483, Aged about 58 years, Occ:ADC, Palasa Depot, Srikakulam District
• 6. V.Narayanaraju, S / o Trhinadha Raju, E-451605, Aged about 58 years, Occ:ADC, Srikakulam I Depot, Srikakulam District
• 7. S. Sanjeevarao, S/o.Lakahmi Narayana, E-450915, Aged about 58 years, Occ:Retd. Conductor, Srikakulam I Depot, Srikakulam District
• 8. S.M Rao, S/o. Savitainh, E-450904, Aged about 58 years, Occ: Conductor, Srikakulam I Depot, Srikakulam District
• 9. Ramakrishna Patnayak, S/o. Thavitaiah, E-450869, Aged about 58 years, Occ:ADC, Srikakulam II Depot, Srikakulam District
• 10. Dasyam Ramababu, S/o Satyanarayana, E-453133, Aged about 58 years, Occ:Conductor, Srikakulam I Depot, Srikakularn District.
• 11. N.Manmadha Rao, S/o. Ramamurthy, E-775353, Aged about 58 years, Occ:Conductor, Srikakulam I Depot, Srikakulam District
• 12. K.Buchibabu, S/o.Visweswara Rao, E-775253, Aged about 58 years, Occ:Conductor, Srikakulam - I Depot, Srikakulam District.
• 13. Kommineni Ramachandra Rao, S/o Venkatappayya, E-453433, Aged about 58 years, Occ. ADC, Srikakulam - I Depot, Srikakulam District
• 14. P.S. Rao, S/o. Kantha Rao, E-450433, Aged about 58 years, Occ:Retd ADC, Srikakulam I Depot, Srikakulam District.
• 15. Atla Gurunadha Rao, S/o. Appala Ramaiah, E-458283, Aged about 58 years, Occ:Retd., Driver C/o. Tekkali Depot, Srikakulam District.
• 16. S.Bhaskara Rao, S/o Neelambaram, E-775421, Aged about 58 years, Occ:Retd., ADC, C/o Srikakulam Depot, Srikakulam District.
• 17. Lakkoji Lokanadham, S/o. Kantaiah, E-775808, Aged about 58 years, Occ:Retd., Driver C/o. Palasa Depot, Srikakulam District.
• 18. G. Mohan Rao, S/o. Sathyam Naidu, E-453880, Aged about 58 years, Occ:Retd., Conductor C/o. Patha Bobbili Depot, Vizianagaram District.
• 19. M.J Rao, S/o Suryanarayana, E-458741, Aged about 58 years, Occ:Retd., Conductor C/o Parvathipuram Depot, Viziayanagaram District
• 20. S.Srenivasarao, S/o. Venkata Subbaiah, E-113902, Aged about 58 years, Occ:Retd., A.E Civil RM Office Ongole, Prakasam District
• 21. The State of Andhra Pradesh, rep.by its Chief Secretary to Government, Secretariat, Velagapudi, Guntur District.
• 22. The State of Andhra Pradesh, rep.by its Principal Secretary, Finance Department, Secretariat, Velagapudi, Guntur District.
• 23. The State of Andhra Pradesh, rep.by its Principal Secretary to Transport (R&B) (Tr-II) Department, Secretariat, Velagapudi, Guntur District.

$...$ Respondent(s) (Respondents in-do-)

Counsel for the Petitioner: SRI.P.DURGA PRASAD, SC FOR APSRTC Counsel for the Respondent Nos.1 to 20: SRI.N.ASHWANI KUMAR Counsel for the Respondent Nos.21 to 23: SRI.N.ASWARTHA NARAYANA, GP FOR SERVICES – I

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 the Order dated 16-04-2021 passed in W.P.No. 4204 of 2020, pending disposal of WA No. 441 of 2021, on the file of the High Court.

The court while directing issue of notice to the Respondents herein to show cause as to why this application should not be complied with, made the following order (The receipt of this order will be deemed to be the receipt of notice in the case). The Court made the following

ORDER:

This application is filed seeking suspension of the order under appeal.

The writ petitioners had retired and they prayed for reinstatement into service until they attain the age of 60 years. By the order under appeal, the learned single Judge allowed the prayer made by the writ petitioners and directed the appellant and respondent Nos.21 to 23 herein to reinstate the writ petitioners into service, if they are below the age of 60 years.

Considering the submissions made by the learned counsel for the parties, we deem it appropriate to suspend the order of the learned single Judge.

Accordingly, the order under appeal insofar as it relates to W.P.No.4204 of 2020 is suspended till disposal of the appeal.

//TRUE COPY//

For ASSISTANT REGISTRAR

SD/-M.SURYANATH REDDY ASSISTANT REGISTRAR

To,

1. The Chief Secretary to Government, State of Andhra Pradesh, Secretariat, Velagapudi, Guntur District.

• 2. The Principal Secretary, Finance Department, State of Andhra Pradesh, Secretariat, Velagapudi, Guntur District.
• 3. The Principal Secretary to Transport (R&B) (Tr-II) Department, State of Andhra Pradesh, Secretariat, Velagapudi, Guntur District.(1 TO 23 By RPAD)
• 4. One CC to SRI.P.DURGA PRASAD, SC FOR APSRTC Advocate [OPUC]
• 5. One CC to SRI.N.ASHWANI KUMAR Advocate [OPUC]
• 6. One CC to GP FOR SERVICES I, HIGH COURT OF A.P. (OUT)
• 7. Two spare copies

SRL

HIGH COURT

HCJ & CPKJ

DATED:06/08/2021

NOTE: LIST THIS CASE IN THE MONTH OF NOVEMBER, 2021

ORDER

I.A.NO.1 OF 2021

$\mathsf{IN}$

WA.No.441 of 2021

SUSPENSION