M.Rambabu vs. Govt. Of India

Court:High Court of Andhra Pradesh
Judge:Hon'ble Ahsanuddin Amanullah
Case Status:Disposed
Order Date:24 Nov 2020
CNR:APHC010330792020

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Order Issued After Hearing

Purpose:

For Admission

Before:

Hon'ble C.Praveen Kumar , M.Ganga Rao

Listed On:

24 Nov 2020

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Order Text

(SHOW CAUSE NOTICE BEFORE ADMISSION)

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

(Special Original Jurisdiction)

TUESDAY, THE TWENTY FOURTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY

:PRESENT:

THE HONOURABLE SRI JUSTICE C.PRAVEEN KUMAR AND THE HONOURABLE SRI JUSTICE M.GANGA RAO

WRIT PETITION NO: 21961 OF 2020

Between:

    1. M.Rambabu, S/o. M.Venkateswarar Rao, Aged 46 years, Occ- Temporary Employee, Ojo. Commissioner of Customs, Central Excise and Service Tax, Guntur Commissionerate, Kannavari 'Mote, Guntur.
    1. P.Devadas, S/o. Musalalah, Aged 56 years, Occ- Temporary Employee, 0/o. Commissioner of customs, Central Excise and Service Tax, Guntur Commissionerate, Kannavari Thota, Guntur.
    1. K.Gantaiah, S/o. Venkateswarlu (Died),
    1. K.Sumathi, W/o. Late K.Gantalah, Aged about 38 years, Occ- House Hold, r/o. 6-30-86, Srinagar, Guntur.
    1. K.Vasantha Lakshml, D/o. Late K.Gantalah, Aged 22 years, Occ- Student, R/o. 6-30-86, Srinagar, Guntur.
    1. K.Venkata Sai, S/o. Late K.Gantaiah, Aged about 20 years, Occ- Student, Rio. 6-30-86, Srinagar, Guntur. (Petitioners No. 4-6 are LRs of Late Petitioner No.3)

Petitioners

AND 1. Govt. of India, Ministry of Finance Department of Revenue, Central Board of Customs and Excise, North Block, New Dent Rep. by its Under Secretary.

    1. Central Board of Customs and Excise, North Block, New Delhi, Rep. by its Spl. Secretary.
    1. The commissioner of Customs, Central Excise and Service Tax, Guntur Commisonerate, Kannavarai Thoth, Guntur.
    1. The Addl. Commissioner(P and V), Customs, Central Excise and Service Tax, Guntur Commisonerate, Kannavaral Thoth, Guntur.

Respondents

WHEREAS the Petitioners above named through Their Advocate Sri.N.VIJAY 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 of Certiorari calling for the 0.A.No. 560 of 2014 on the file of Hon'ble Central Administrative Tribunal, Hyderabad and declare the order of Hon'ble CAT, Hyderabad in O.A.No. 560 of 2014 dt. 31.1.2020 as erroneous and contrary to law and further declare the proceedings dt. 20.03.2014 issued vide C.No.III/20/04/2014-A.3Misc issued by Respondent no.4 as illegal, arbitrary and violative of Article 14 and 16 of Constitution of India and direct the respondents to forthwith pay arrears of pay to the petitioners for the period 2004 to 2011 and pass

AND WHEREAS the High Court upon perusing the petition and affidavit filed herein and upon hearing the arguments of Sri.N.Vijay Advocate for the Petitioners and of Sri N.Harinath, learned Assistant Solicitor General of India for the 1<sup>st</sup> respondent, directed issue of notice to the Respondents herein to show cause as to why this WRIT PETITION should not be admitted.

∠ou viz:

    1. The Under Secretary, Ministry of Finance Department of Revenue, Govt. of India, Central Board of Customs and Excise, North Block, New Delhi.
    1. The Spl. Secretary, Central Board of Customs and Excise, North Block, New Delhi.
    1. The Commissioner of Customs, Central Excise and Service Tax, Guntur Commisonerate, Kannavarai Thoth, Guntur.
    1. The Addl. Commissioner (P & V), Customs, Central Excise and Service Tax, Guntur Commissonerate, Kannavaral Thoth, Guntur.

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 the affidavit filed therewith (copy enclosed) this WRIT PETITION should not be admitted before 22.12.2020, on which date the case stands posted for hearing.

THE COURT MADE THE FOLLOWING ORDER:

Notice before admission

The learned counsel for the petitioners is permitted to take out personal notice to the respondents either by R.P.A.D. or by any other recognized mode of service and file proof of service.

The Registry is directed to print the name of Sri N.Harinath, learned Assistant Solicitor General $\mathsf{of}$ India appearing $\overline{on}$ behalf $of$ the 1<sup>st</sup> respondent and list the matter on 22.12.2020.

//TRUE COPY//

Sd/- K. JAGANMOHAN

SECTION OFFICER.

REGISTRAR

DEPUTY

To,

    1. The Under Secretary, Ministry of Finance Department of Revenue, Govt. of India, Central Board of Customs and Excise, North Block, New Delhi.
    1. The Spl. Secretary, Central Board of Customs and Excise, North Block, New Delhi.
    1. The Commissioner of Customs, Central Excise and Service Tax, Guntur Commisonerate, Kannavarai Thoth, Guntur.
    1. The Addl. Commissioner (P & V), Customs, Central Excise and Service Tax, Guntur Commissonerate, Kannavaral Thoth, Guntur. (by RPAD- along with a copy of petition and memorandum of grounds)
    1. One CC to SRI.N.VIJAY Advocate [OPUC]
    1. One CC to SRI.HARINATH N (Asst Solicitor General) Advocate [OPUC]
    1. One spare copy

SRL

$\frac{1}{\sqrt{2}}\left(\frac{1}{\sqrt{2}}\right)^2$ $\mathcal{L}^{\mathcal{L}}{\mathcal{L}}$ $\mathcal{L}^{\mathcal{A}}{\mathcal{A}}\left(\mathcal{A}\right)=\mathcal{L}^{\mathcal{A}}{\mathcal{A}}\left(\mathcal{A}\right)$ $\mathcal{L}^{\text{max}}{\text{max}}(\mathcal{L}^{\text{max}}{\text{max}})$ $\mathcal{L}^{\mathcal{A}}{\mathcal{A}} = \mathcal{L}^{\mathcal{A}}{\mathcal{A}} \mathcal{L}^{\mathcal{A}}{\mathcal{A}}$ $\label{eq:1} \begin{aligned} \mathcal{L}{\text{max}}(x) = \mathcal{L}{\text{max}}(x) \end{aligned}$

$\mathcal{L} = \mathcal{L} \times \mathcal{L}$

HIGH COURT

CPKJ & MGRJ

DATED:24/11/2020

NOTE: LIST THE MATTER ON 22.12.2020

NOTICE BEFORE ADMISSION

WP.No.21961 of 2020

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