K.Narayana Reddy vs. The State Of Andhra Pradesh

Court:High Court of Andhra Pradesh
Judge:Hon'ble V.Sujatha
Case Status:Dismissed
Order Date:29 Jun 2022
CNR:APHC010281292022

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Order Issued After Hearing

Purpose:

Admission (Service Matters)

Before:

Hon'ble Kongara Vijaya Lakshmi

Listed On:

29 Jun 2022

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Order Text

(SHOW CAUSE NOTICE BEFORE ADMISSION) IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (SPECIAL ORIGINAL JURIDICTION) WEDNESDAY , THE TWENTY NINETH DAY OF JUNE TWO THOUSAND AND TWENTY TWO :PRESENT: THE HONOURABLE SMT JUSTICE KONGARA VIJAYA LAKSHMI

WRIT PETITION NO: 16625 OF 2022

Between:

K.Narayana Reddy, S/o Guruva Reddy Aged about 60yrs, Occ Post Graduate Teacher (English) Dr.B.R.Ambedkar Gurukulam Boys' Velugonda village, Konakanamitla mandal Prakasam District

Petitioner

AND

    1. The State of Andhra Pradesh, Rept. by Principal Secretary, Social Welfare Department Secretariat, Velagapudi Guntur District
    1. The State of Andhra Pradesh, Rept. by Principal Secretary, Finance (HR.IV.FR and LR) Department Secretariat, Velagapudi Guntur District<br>3. A.P. Social Welfare Residential Educational Institution Society, Moksha Sai
  • Plaza, Tadepalli Guntur District Rept. by its Secretary
    1. The Principal, Dr.B.R. Ambedkar Gurukulam Boys' Velugonda village, Konakanamitla mandal Prakasam District

Respondents

WHEREAS the Petitioner above named through his Advocate Sri P. Nagendra Reddy 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 a writ, order or direction more particularly one in the nature of writ of Mandamus to declare delay and inaction on the part of respondents in issuing the orders for enhancing the age of superannuation of the employees' working in the 3rd respondent society from 60yrs to 62yrs in terms of G.O.Ms.No.15, dt.31-01-2022 issued by the 2nd respondent as arbitrary and illegal and consequently direct the respondents to issue orders enhancing the age of superannuation of the employees' working in 3rd respondent society from 60yrs to 62yrs in terms of G.o.Ms.No.15, dt.31-01-2022 issued by the 2nd respondent forthwith in the interest of justice.

AND WHEREAS the High Court upon perusing the petition and affidavit filed herein and upon hearing the arguments of Sri P. Nagendra Reddy, Advocate for the Petitioner, GP for Services-II who takes notice on behalf of Respondent No.1, GP for Services who takes notice on behalf of Respondent No.2 and of Sri G. Simhadri, Standing Counsel who takes notice on behalf of Respondent No.3, 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, Social Welfare Department, State of Andhra Pradesh Secretariat, Velagapudi Guntur District
    1. The Principal Secretary, Finance (HR.IV.FR and LR) Department, State of Andhra Pradesh Secretariat, Velagapudi Guntur District
    1. A.P. Social Welfare Residential Educational Institution Society, Moksha Sai Plaza, Tadepalli Guntur District Rept. by its Secretary
    1. The Principal, Dr.B.R.Ambedkar Gurukulam Boys' Velugonda village, Konakanamitla mandal Prakasam District

are directed to show cause either appearing in person or through an Advocate, as to why in the circumstances set out in the petition and affidavit filed therewith (copy enclosed) this WRIT PETITION should not be admitted on or before 08.08.2022 on which date the case stands posted for hearing

IA NO: 1 OF 2022

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the respondents to continue the petitioner in service beyond 60yrs till the respondents take decision for enhancing the age of superannuation of the employees working in 3rd respondent society in terms of G.O.Ms.No.15, dt.31-01-2022 issued by the 2<sup>nd</sup> respondent, pending disposal of WP No. 16625 of 2022, on the file of the High Court.

The Court made the following: ORDER

Issue notice before admission.

Learned Government Pleader for Services-II takes notice for Respondent No.1.

Learned Government Pleader for Services-I takes notice for Respondent No.2.

Sri G. Simhadri, learned Standing Counsel takes notice for Respondent No.3.

Learned counsel for the petitioner is permitted to take out notice to Respondent No.4 through RPAD and file proof of service into Registry.

Counsels appearing on both sides submit that in similar facts and circumstances, this Court passed an interim order in W.P.No.16910 of 2022 on 28.06.2022 and therefore, same interim order may be passed in the present Writ Petition also.

In view of the facts and circumstances, the respondents are directed to continue the petitioner till 30.08.2022. However, learned counsel for the petitioner submits that the petitioner will not claim salary for the period after 60 years till counter is filed and Writ Petition is disposed of.

List the matter on $08.08.2022$ .

Meanwhile, learned Standing Counsel is directed to file counter affidavit.

IITRUE COPYII

Sd/- G. HELA NAIDU ASSISTANT REGISTRAR

SECTION OFFICER

    1. The Principal Secretary, Social Welfare Department, State of Andhra Pradesh<br>Secretariat, Velagapudi Guntur District
    1. The Principal Secretary, Finance (HR.IV.FR and LR) Department, State of Andhra Pradesh Secretariat, Velagapudi Guntur District<br>3. A.P. Social Welfare Residential Educational Institution Society, Moksha Sai
  • Plaza, Tadepalli Guntur District Rept. by its Secretary<br>4. The Principal, Dr.B.R.Ambedkar Gurukulam Boys' Velugonda village,

  • Konakanamitla mandal Prakasam District (1 to 4 by RPAD- along with a copy of petition and affidavit)<br> 5. One CC to Sri P Nagendra Reddy, Advocate [OPUC]<br> 6. Two CCs to GP for Services II , High Court Of Andhra Pradesh. [OUT]<br> 7. Two CCs to GP for Services I , H

    1. One spare copy

¥.

TVR

To

HIGH COURT

KVLJ

DATED:29/06/2022

NOTICE BEFORE ADMISSION

WP.No.16625 of 2022

LIST ON 08.08.2022

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