The High Court of Andhra Pradesh, Amaravati bench allowed the petitioner to withdraw the Writ Petition regarding the re-fixing of pay. The petition was dismissed as withdrawn without costs.
Permission to withdraw the Writ Petition was accorded. The Writ Petition was dismissed as withdrawn without costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
I
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI ^ (Special Original Jurisdiction) WEDNESDAY, THE SIXTH DAY OF DECEMBER iV TWO THOUSAND AND TWENTY THREE i'
PRESENT
HON’BLE MR. JUSTICE DHIRAJ SINGH THAKUR, CHIEF JUSTICE & HON’BLE MR. JUSTICE R. RAGHUNANDAN RAO
WRIT PETITION NO: 11581 OF 2022
Between:
Pavan Kumar Aka, S/o. Gopala Rao, Hindu, aged about 51 years, Occ. I Addl. Junior Civil Judge-cum I Addl. Judicial Magistrate of First Class, Bhimavaram, West Godavari.
...PETITIONER.
AND
...RESPONDENTS
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 an appropriate Writ Petition or order or direction, more particularly one in the nature of a Writ of Mandamus, declaring the action of the Respondents herein in re-fixing the pay of the Petitioner in Proceedings of Hon'ble High Court, Amaravathi in ROC No.596/2021-B1, dt.03.03.2022 and the Proceedings of the Hon'ble Principal District Judge, West Godavari at Eluru in Dis.No.1370, dt.10.03.2022, in accordance with Office Memorandum No.121/2009-Estt.(Pay-1) dated 28.08.2014, issued by Ministry of Personnel, Public Grievances and Pensions, Department of Personal and Training as being Illegal, arbitrary, unjust, contrary to Rule 22 (a)(i) of the Fundamental Rules and Subsidiary Rules of Andhra Pradesh Government, violative of Andhra Pradesh State Judicial Service Rules, 2007 and violative of Articles 14, 19(1)(g), 21 and 300A of the Constitution of India and to set aside the same and for a consequential direction to the Respondents to maintain the pay of the petitioner as
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originally fixed as per the Proceedings of the Hon'ble Principal District Judge, Kadapa in Dis.No.8065, dt.29.11.2016,at the time of the appointment of petitioner as Civil Judge (Junior Division) and not to effect recovery of the amount drawn by the petitioner as per the Proceedings of the Hon'ble Principal District Judge, West Godavari at Eluru in Dis.No.1370, dt.10.03.2022.
lA NO: 2 OF 2022
Petition under Section 151 CPC praying that in thecircumstancesstatedin the affidavit filed in support of the writ petition, the High Court may be pleased to suspend the operation of the proceedings of the Hon'ble High Court, Amaravathi in ROC NO.596/2021-B1, dt.03.03.2022 and the Proceedings of the Hon'ble Principal District Judge, West Godavari at Eluru in Dis.No.1370, dt.10.03.2022 and direct the respondents not to effect recovery of amount as per the impugned proceedings, pending disposal of the Writ Petition.
lA NO: 1 OF 2022
Petition under Section 151 CPC praying that in thecircumstancesstatedin the affidavit filed in support of the writ petition, the High Court may be pleased to suspend the operation of the proceedings of the Hon'ble High Court, Amaravathi in ROC NO.596/2021-B1, dt.03.03.2022 and the Proceedings of the Hon'ble Principal District Judge, West Godavari at Eluru in Dis.No.1370, dt.10.03.2022 and direct the respondents to continue to pay the salary as per the pay as originallyfixed as per the Proceedings of the Principal District Judge, Kadapa in Dis.No.8065, dt.29.11.2016, at the time of the appointment of the petitioner as Civil Judge (Junior Division), pending disposal of the Writ Petition.
Counsel for the PetitioneriSRI. VIRUPAKSHA DATTATREYA GOUDA
Counsel for the Respondent No.l: GP FOR SERVICES I
Counsel for the Respondents No.2 to 4: SRI.K. SRINIVASA RAO
The Court made the following: ORDER
HCJJ & RBR, J W.P. No. 11581 of 2022
2
Dt.:06.1S.20S3
P.C.:
Learned counsel for the petitioner seeks permissionofthis
Court to withdraw the present Writ Petition.
order as to costs.
Pending miscellaneous apphcations, if any, shall standclosed.
/
To,
Sd/- K.KASIRAO ACHARI ASSISTANT REGISTRY SEdTT^rTo^lCER I
//TRUE COPY//
1 One CC to SRI. VIRUPAKSHA DATTATREYA GOUDA, Advocate[OPUC] 2 Two CCS to GP FOR SERVICES-I, High Court of AndhraPradesh.[OUT] 3. One CC to SRI. K. SRINIVASA RAO, Advocate [OPUC] 4. Three C.D.Copies nm
AP-
r'
HIGH COURT
DATED:06/12/2023
ORDER
WP.No.11581 of 2022
<95
DISMISSING THE WP AS WITHDRAWN WITHOUT COSTS
Pavan Kumar Aka
The State of Andhra Pradesh
Dhiraj Singh Thakur
R. Raghunandan Rao
As recorded by the court registry
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