Smt. Kapalayamma, W.G.Dist. v. the State of a.P.,P.Raj,Amaravathi, and 2 Otrs.

Andhra Pradesh HC13 Jul 2022WP/34039/2017

Case brief

AI extract

What is this about?

The Court closed three writ petitions challenging proceedings regarding employment posts and salary payments in a Gram Panchayat. The petitioner, who had been the Sarpanch, had completed her term and died before the hearing, rendering further orders unnecessary.

What did the court decide?

The writ petitions were closed with no further orders required.

Smt. Kapalayamma, W.G.Dist. Vs the… — Pension and Retirement Benefits | Andhra Pradesh HC (2022)

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THE HON’BLE SRI JUSTICE RAVI NATH TILHARI WRIT PETITION Nos. 18882/2018, 28501/2016 & 34039/2017

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COMMON JUDGMENT:

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Heard Sri B. Chandrasekhar, learned counsel for the petitioner, learned Government Pleader for Panchayat Raj, for respondent Nos.1 & 2, and Sri K.K.Durga Prasad, learned counsel for respondent Nos.3 & 4.

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Writ Petition No.18882 of 2018 under Article 226 of the Constitution of India has been filed for the following reliefs:-

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“...to issue a Writ Order or Direction more particularly one in the nature of WRIT OF MANDAMUS to declare the proceedings of the 2nd respondent dated 23052018 vide proceedings No A5/E-628215/2017 as illegal arbitrary and contrary to the provisions of Panchayath Raj Act and consequently set aside the same and pass such other order or orders….”

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Writ Petition No.28501 of 2016 under Article 226 of the

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Constitution of India has been filed for the following reliefs:-

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“...to issue a Writ Order or Direction more particularly one in the nature of WRIT OF MANDAMUS to declare the 3rd respondent proceedings dated 01082016 vide order No A6/E-133165/2016 in extending Part-time Junior Assistant-cum-Bill Collector post from 01.04.2016 to 31.03.2019 in the Gram Panchayat as illegal arbitrary and unconstitutional to the provisions of law and consequently set aside the same and pass such other order or orders….”

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Writ Petition No.34039 of 2017 under Article 226 of the

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Constitution of India has been filed for the following reliefs:-

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“...to issue a Writ Order or Direction more particularly one in the nature of WRIT OF MANDAMUS to declare the 2nd respondent proceedings dated 21.09.2017 vide order No A5/E-628215/2017 directing the petitioner herein to pay the salary to the Junior Assistant within 7 days from the receipt of the said proceedings as illegal contrary to the provisions of Andhra Pradesh Gram Panchayat Act 1994 and consequently set aside the same and pass such other order or orders….”

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RNT, J WP No. 18882 of 2018 & 2 ors.

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Learned counsel for the petitioner submits that vide different proceedings, the petitioner was directed by the official respondents to implement the directions contained therein with respect to the same respondent No.4, in the capacity of Sarpanch of the Gram Panchayat and challenging those proceedings, writ petitions were filed by the petitioner at the time when she was Sarpanch of Gram Panchayat of Chinnapulleru, Undi Mandal, West Godavari District.

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Learned counsel for the petitioner further submits that the petitioner completed her term as Sarpanch and thereafter also died.

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In view thereof, no further orders are required in these writ petitions. These writ petitions are accordingly closed, but leaving it open to the person aggrieved, if any, to challenge the impugned proceedings in appropriate proceedings, if so desires and advised.

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No order as to costs.

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Pending miscellaneous petitions, if any, shall stand closed in

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consequence.

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_______________________ RAVI NATH TILHARI, J

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Date: 13.07.2022 Dsr

Smt. Kapalayamma, W.G.Dist. v. the State of a.P.,P.Raj,Amaravathi, and 2 Otrs.

Case brief

What is this about?

What did the court decide?

Smt. Kapalayamma, W.G.Dist. v. the State of a.P.,P.Raj,Amaravathi, and 2 Otrs.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

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