Allowed

Kommareddy Srinivasa Reddy v. State of Andhra Pradesh

Andhra Pradesh HC12 Sept 2022WP/27508/2022

Case brief

AI extract

What is this about?

This court allowed a writ petition seeking direction to include the petitioner in the seniority list and absorb him into the A.P. Vaidya Vidhana Parishad by treating his study period as on duty, following a prior order in W.P.No.21010 of 2021.

What did the court decide?

Petitioner included in seniority list, absorbed into A.P. Vaidya Vidhana Parishad treating study period as on duty, with consequential benefits.

Kommareddy Srinivasa Reddy Vs State… — Pension and Retirement Benefits | Andhra Pradesh HC (2022)

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THE HON’BLE Dr.JUSTICE K. MANMADHA RAO Writ Petition No.27508 of 2022

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ORDER:-

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This Writ Petition is filed, under Article 226 of the Constitution of India, seeking a direction to the respondents to rectify the error, by including the name of the petitioner in the seniority list, in accordance with Rule 84, Sub-Rule 11 of A.P. Fundamental Rules and Subsidiary Rules, by treating the period of the petitioner’s study (PG Deputation) as on duty; consequently directing the respondents to absorb him into the A.P. Vaidya Vidhana Parishad on equal terms along with his colleagues, who are already absorbed, with all consequential benefits.

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Heard Mr. Naga Praveen Vankayalapati, learned counsel for the petitioner, learned Government Pleader for Services-IV, appearing for the respondents 1 and 3 and Mr.B.Jagadish Kumar, learned Standing Counsel for the 2^nd respondent. Perused the material on record.

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Learned Counsel for the petitioner submits that the issue involved in this writ petition is squarely covered by the order dated 21.07.202 passed this Court in W.P.No.21010 of 2021, and the same order may be passed in this writ petition also.

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Mr. B. Jagadish Kumar, learned Standing Counsel for the 2^nd respondent has opposed and sought time for filing the counter-affidavit.

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In a similar matter, this Court has already taken a decision and this matter is also squarely covered by the said order dated 21.07.2022 passed in W.P.No.21010 of 2021.

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Therefore, this writ petition is also allowed, in terms of the order dated 21.07.202 passed by this Court in W.P.No.21010 of 2021, by setting aside the Speaking Order issued by the Commissioner vide Rc.No.APVVP-12021/4/2021-M, dated 13.8.2021. The respondents are directed to include the petitioner’s name in the seniority list, in accordance with the Rule 84, Sub-Rule 11 of the A.P. Fundamental Rules and Subsidiary Rules, by treating the period of his study (PG Deputation) as “on duty” and absorb him into the A.P. Vaidya Vidahana Parishad on equal terms with the rest of his colleagues, who were already absorbed. The respondents are also directed to extend all other consequential benefits to which he is entitled for.

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There shall be no order as to costs.

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As a sequel, miscellaneous applications pending, if any, shall

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stand closed.

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____________________________ Dr.JUSTICE K. MANMADHA RAO

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Date: 12.09.2022. HS

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THE HON’BLE Dr.JUSTICE K. MANMADHA RAO

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Writ Petition No.27508 of 2022

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Date: 12.09.2022

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Kommareddy Srinivasa Reddy v. State of Andhra Pradesh

Case brief

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Kommareddy Srinivasa Reddy v. State of Andhra Pradesh

Case brief

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