T.Srinivas vs. The State Of Andhra Pradesh
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Order Issued After Hearing
Purpose:
Admission (Service Matters)
Before:
Hon'ble Kongara Vijaya Lakshmi
Listed On:
1 Jul 2022
Original Order Copy
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Order Text
(SHOW CAUSE NOTICE BEFORE ADMISSION)
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
(Special Original Jurisdiction) <
FRIDAY, THE FIRST DAY OF JULY TWO THOUSAND AND TWENTY TWO
:PRESENT:
THE HONOURABLE SMT JUSTICE KONGARA VIJAYA LAKSHMI
WRIT PETITION NO: 18479 OF 2022
Between:
T.Srinivas, S/o.T.Ramachandra Rao, Aged about 45 years, R/o H.No.8-24-6/35, Flat No.TF8, Manasa Park View Apartments, Near Gandhi Park, Gandhi Nagar, Kakinada, East Godavari District-533 004.
Petitioner /
AND
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- The State of Andhra Pradesh, Represented by its Principal Secretary, Department of Higher Education, Amaravathi, Guntur District, Andhra Pradesh.
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- The Jawaharlal Nehru Technological University, Kakinada, East Godavari District (now Kakinada District), Rep. by its Vice Chancellor.
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- The Registrar, Jawaharlal Nehru Technological University, Kakinada, East Godavari District (Now Kakinada District).
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- The Principal, Department of UCEK, Jawaharlal Nehru Technological University, Kakinada, East Godavari District (now Kakinada District),
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- The Head of Department, UCEK, Jawaharlal Nehru Technological University, Kakinada, East Godavari District (now Kakinada District).
Respondents
WHEREAS the Petitioner above named through his Advocate Sri P L NARASIMHA RAO 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 Writ or direction, more particularly in nature of Writ of Mandamus, declaring the inaction of Respondents in paying Petitioner's salaries, arrears and other service benefits along with continuity of services as per se illegal, manifestly arbitrary, predominantly capricious, vindictive, contrary to G.O.Ms.No.12 dated 28.01.2019, G.O.Ms.No.24 dated 18.02.2019 and G.O.Ms.No.40 dated 18.06.2021, Department of Finance (HR.I-Plg. & Policy) and opposed to the spirit and nature of due process of law and the Fundamental Rights guaranteed by the Constitution of India under Articles 14, 15, 16 and 21 besides being Violative of Principles of Natural Justice and to consequently to direct the Respondents to pay Petitioner's salaries, arrears and other service benefits along with continuity of services.
AND WHEREAS the High Court upon perusing the petition and affidavit filed herein and upon hearing the arguments of Sri P L NARASIMHA RAO Advocate for the Petitioner, learned Government Pleader for Higher Education for Respondent 1, Sri I. Madhu Babu learned Standing Counsel for JNTU for Respondents 2 to 5, directed issue of notice to the Respondents herein to show cause as to why this WRIT PETITION should not be admitted.
You viz:
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- The Principal Secretary, Department of Higher Education, State of Andhra Pradesh Amaravathi, Guntur District, Andhra Pradesh.
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- The Jawaharlal Nehru Technological University, Kakinada, East Godavari District (now Kakinada District), Rep. by its Vice Chancellor.
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- The Registrar, Jawaharlal Nehru Technological University, Kakinada, East Godavari District (Now Kakinada District).
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- The Principal, Department of UCEK, Jawaharlal Nehru Technological University, Kakinada, East Godavari District (now Kakinada District),
- The Head of Department, UCEK, Jawaharlal Nehru Technological University, Kakinada, East Godavari District (now Kakinada District).
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 on or before 10.08.2022, on which date the case stands posted for hearing.
The Court made the following order:
Notice before admission.
Learned Standing Counsel takes notice for Respondents Nos. 2 to 5 and seeks time to file counter affidavit in this matter.
List this matter on 10.08.2022
SD/- K.J. RAJA BABU ASSISTANT REGISTRAR
//TRUE COPY//
For ASSISTANT REGISTRAR
To,
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- The Principal Secretary, Department of Higher Education, State of Andhra Pradesh, Amaravathi, Guntur District, Andhra Pradesh.
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- The Vice Chancellor, Jawaharlal Nehru Technological University, Kakinada, East Godavari District (now Kakinada District),.
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- The Registrar, Jawaharlal Nehru Technological University, Kakinada, East Godavari District (Now Kakinada District).
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- The Principal, Department of UCEK, Jawaharlal Nehru Technological University, Kakinada, East Godavari District (now Kakinada District),
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- The Head of Department, UCEK, Jawaharlal Nehru Technological University, Kakinada, East Godavari District (now Kakinada District).(1 to 5 by RPAD along with copy of petition and affidavit)
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- One CC to SRI. P L NARASIMHA RAO Advocate [OPUC]
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- Two CCs to GP FOR HIGHER EDUCATION, High Court Of Andhra Pradesh. ITUOI
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- One CCs to Sri I. Madhu Babu, Standing Counsel for JNTU [OPUC]
One spare copy
RVK
$\frac{1}{2}$
HIGH COURT
$\frac{1}{2}$
KVLJ
DATED:01/07/2022
NOTE : LIST THIS MATTER ON 10.08.2022 $\mathfrak{z}.$
NOTICE BEFORE ADMISSION
WP.No.18479 of 2022