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

WRIT PETITION NO: 21589 OF 2022

Between:

• 1. B Gopi, S/o Achu Babu, aged about 58 years.
• 2. M.Demudu, S/o Chinnaiah, aged about 59 years. (Both are working as Field Assistant/Tech.Assistant under the control of Joint Director of Sericulture, combined Visakhapatnam District, Andhra Pradesh)

..Petitioners

AND

• 1. The State of Andhra Pradesh, rep.by its Special Chief Secretary, Agriculture and Co.operation (H and S) Department, Velagapudi, Secretariat Buildings, Amaravathi, Guntur District.
• 2. The State of Andhra Pradesh, rep.by its Principal Secretary, Finance Department, Velagapudi, Amaravathi, Guntur District.
• 3. The Commissioner of Sericulture, Government of Andhra Pradesh, Guntur.
• 4. The Joint Director of Sericulture, Visakhapatnam District.

...Respondents

WHEREAS the Petitioners above named through their Advocate Sri P RAGHAVENDRA 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 Writ Order or Direction more particularly one in the nature of Writ of Mandamus by declaring the action of the respondents in not granting retrospective regularization from the date of completion of 5 years on or before 25.11.1993 for counting of NMR service rendered prior to regularization of petitioner service for the purpose of pension and pensionary benefits as held by the Hon'ble Supreme Court in Civil Appeal No.6318/2015 dt.17.8.2015 as followed by the combined Hon'ble AP High Court in WP No.33936/2011 and Batch dt. 2.5.2018 (Reported in 2018 4 ALT P.6) and also orders passed in WA No.414/2020 dt. 27.8.2021 Reported in 2021 (5) ALD P.422 and also as per the orders passed by this Hon'ble Court in WP No. 4247/2019 and 4994/2019 dt. 6.11.2020 and WA No.313/2020 dt. 22.1.2021 is illegal, arbitrary and voilative of the principles of natural justice and consequently direct the respondents to grant retrospective regularization from the date of completion of 5 years of service on or before 25.11.1993 for the purpose of pension and pensionary benefits as held by the Hon'ble Supreme Court in Civil Appeal No.6318/2015 dt.17.8.2015 which were followed by the combined Hon'ble High Court in WP No.33936/2011 and Batch dt. 2.5.2018 Reported in 2018 (4) ALT 6 and also orders passed in WA No.414/2020, dt. 27.8.2021 Reported in 2021 (5) ALD P.422 and also as per the orders passed by this Hon'ble Court in WP No. 4247/2019 and 4994/2019 dt. 6.11.2020 and WA No.313/2020 dt. 22.1.2021;

AND WHEREAS the High Court upon perusing the petition and affidavit filed herein and upon hearing the arguments of Sri P Raghavendra Reddy, Advocate for the Petitioner and GP for Sericulture for Respondent No.1, 3 & 4 and GP for Finance for Respondent No. 2, 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 Special Chief Secretary, Agriculture and Co.operation (H and S)
• Department, Velagapudi, Secretariat Buildings, Amaravathi, Guntur District, State of Andhra Pradesh.
• 2. The Principal Secretary, Finance Department, Velagapudi, Amaravathi, Guntur District. State of Andhra Pradesh.
• 3. The Commissioner of Sericulture, Government of Andhra Pradesh, Guntur.
• 4. The Joint Director of Sericulture, Visakhapatnam 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 17.08.2022, on which date the case stands posted for hearing

The Court made the following: ORDER

"Notice before admission.

Learned Government Pleader seeks time to file counter affidavit. Post this case on 17.08.2022." Sd/- M.RAMESH BABU

DEPUTY REGISTRAR

TION OFFICER

$F_0$

//TRUE COPY//

To,

1. The Special Chief Secretary, Agriculture and Co.operation (H and S) Department, Velagapudi, Secretariat Buildings, Amaravathi, Guntur District, State of Andhra Pradesh.

• 2. The Principal Secretary, Finance Department, Velagapudi, Amaravathi, Guntur District, State of Andhra Pradesh.
• 3. The Commissioner of Sericulture, Government of Andhra Pradesh, Guntur.
• 4. The Joint Director of Sericulture, Visakhapatnam District. (No's 1 to 4 by RPADalong with a copy of petition and memorandum of grounds) $\rightarrow$
• 5. One CC to Sri. P Raghavendra Reddy, Advocate [OPUC] <
• 6. Two CCs to GP for Sericultrue, High Court of Andhra Pradesh [OUT]
• 7. Two CCs to GP for Finance, High Court of Andhra Pradesh [OUT] <
• 8. One spare copy

KPR

HIGH COURT

KVLJ

DATED: 20/07/2022

NOTE: POST THIS CASE ON 17.08.2022

NOTICE BEFORE ADMISSION

WP.No.21589 of 2022