IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI TUESDAY. THE FIRST DAY OF OCTOBER, TWO THOUSAND AND TWENTY FOUR :PRESENT:

THE HONOURABLE SRI JUSTICE G.NARENDAR

AND

THE HONOURABLE SMT. JUSTICE KIRANMAYEE MANDAVA WA NO: 905 OF 2023

(Writ Appeal under Clause 15 of the Letters Patent is filed against the order made in WP.No.17982 of 2023, dated 07.0/8.2023, on the file of the High Court)

Between:

Madanapalle Municipality, Madanapalle, Chittoor District, now Annamayya District. Rep. by its Commissioner

...Appellant

AND

1. K Ramana, S/o. Subbanna, Aged about 63 years, Occ: Public Health Worker, Retired while working at O/o. Commissioner of Madanapalli Municipality, R/o. 4-120-A, 2^ndFloor, Siva Nagar, Madanpalle, Annamayya District, Formerly Chittoor District.

...Respondent/Writ petitioner

• 2. The State of Andhra Pradesh, Represented by its Spl. Chief/ Principal Secretary to Government, MA & D Department, Secretariat, Velagapudi, Amaravathi, Guntur District.
• 3. The Commissioner and Director of MA & UD Department, AP, Vijayawada, Krishna District.
• 4. The District Audit Officer, State Audit, Chittoor District.

5. The Commissioner of Madanapalle Municipality, Madanapalle, Chittoor District.

(R5 not necessary party)

...Respondents/Respondents

I.A.No.2 of 2023

Petition under Section 151 of CPC is filed praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to stay the order of the learned Judge passed in WP.no.17982/2023 dated 07.08.2023, Pending disposal of WA No. 905 of 2023, on the file of the High Court.

Petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and the earlier order of the High Court Dated 22.09.2023 & 25.09.2024 made herein and upon hearing the arguments of Sri O.Manohar Reddy, Senior Counsel appearing on behalf of Sri P C REDDY (SC SERVICE MUNICIPALITIES RR, NELLORE)Advocate for the Appellant and of HARINATH REDDY SOMAGUTTA, Advocate for the Respondent No.1 and of GP FOR SERVICES-IV for the Respondent Nos.2 & 3 and of GP FOR SERVICES-I for the Respondent No.4, the Court made the following

ORDER

"Heard Sri O. Manohar Reddy, learned Senior Counsel appearing for the appellant, and Sri Harinath Reddy Somagutta, learned counsel for the 1^st respondent/writ petitioner.

Learned Senior Counsel for the appellant would submit that there was no vacancy and on the representation made by the $1^st$ respondent/writ petitioner, the authorities recommended to the Government to convert the post held by the 1^st respondent/writ petitioner to that of a Public Health Worker and the Government. acceding to the said request and recommendation, permitted conversion

of the post in the year 2010 and that the services of the 1st respondent/writ petitioner have been regularized in the said post of Public Health Worker since 2011 only. He would submit that there being no vacancy and the post having been created only in 2010, the question of the writ petitioner being entitled to regularization of services with retrospective effect does not arise.

In that view, learned counsel for the 1^st respondent/writ petitioner to secure instructions.

List this matter after Dussehra Vacation, 2024.

The presence of the Commissioner of the appellant Municipality on further dates of hearing is dispensed with."

//TRUE COPY//

SECTION OFFICER $\mathsf{For} , \mathcal{L}$

Sd/- B. CHITTI JOSEPH ASSISTANT REGISTRAR

To,

• 1. The Registrar (Judicial), High Court of Andhra Pradesh, Amaravati.
• 2. K Ramana, S/o. Subbanna, Aged about 63 years, Occ Public Health Worker, Retired while working at 0/o. Commissioner of Madanapalli Municipality, R/o. 4-120-A, 2nd Floor, Siva Nagar, Madanpalle, Annamayya District, Formerly Chittoor District.
• 3. The Spl. Chief/ Principal Secretary to Government, State of Andhra MA & D Department, Secretariat, Velagapudi, Amaravathi, Pradesh. Guntur District.
• 4. The Commissioner and Director of MA & UD Department, AP, Vijayawada, Krishna District.
• 5. The District Audit Officer, State Audit, Chittoor District.
• 6. The Commissioner of Madanapalle Municipality, Madanapalle, Chittoor District. (Addresses 2 to 6 By RPAD)
• 7. One CC to SRI. P C REDDY (SC SERVICE MUNICIPALITIES RR, NELLORE) Advocate [OPUC]
• 8. One CC to SRI. HARINATH REDDY SOMAGUTTA Advocate [OPUC]
• 9. Two CCs to GP FOR SERVICES-IV, High Court of A.P[OUT]

• Two CCs to GP FOR SERVICES-I, High Court of A.P[OUT] $10.$

• Two spare copies. $11.$

CVSS

HIGH COURT

$\text{GN},,\text{J}$ $\mathbf{g}$ $\mathsf{KM},\mathsf{J}$

DATED:01/10/2024

LIST THIS MATTER AFTER DUSSEHRA VACATION, 2024.

ORDER

WA NO: 905 OF 2023

DISPENSED WITH