Disposed

G.Pitchaiah v. The State of Andhra Pradesh

Andhra Pradesh HC11 Sept 2023WP/20618/2023

Case brief

AI extract

What is this about?

Writ petition challenging non-implementation of PCA Tribunal order for service regularization. Court directed respondents to regularize petitioners' services with retrospective effect from 23.07.1997 within three months, relying on State Government order.

What did the court decide?

Directions to Respondents to regularize services with retrospective effect from 23.07.1997 within three months.

G.Pitchaiah Vs The State of Andhra… — Pension and Retirement Benefits | Andhra Pradesh HC (2023)

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI' (Special Original Jurisdiction)

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MONDAY ,THE ELEVENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY THREE

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PRESENT

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THE HON'BLE SRI JUSTICE A V SESHA SAI

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AND

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THE HON'BLE SRI JUSTICE R RAGHUNANDAN RAO

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WRIT PETITION NO: 20618 OF 2023

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Between:

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G.Pitchaiah, S/o Anjaneyulu (Died).

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Geddam Sivanagaraju, S/o. Pitchaiah, Aged 32 years, Occ. - Junior Assistant, Tadinada Panchayat, Kalidindi Mandal, Eluru District (formerly Krishna District). R/0.1.-7, Doddipatla, Kaikaluru Mandal, Krishna District.

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Geddam Eswaramma, W/o. Pitchaiah, Aged 63 years, Occ. House wife, R/o. 1-7, Doddipatla, Kaikaluru Mandal, Krishna District. (Petitioner's No.2 and 3 are Lr's of Late G.Pitchaiah, Petiitoner-1)

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...PETITIONER(S)

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AND

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The State of Andhra Pradesh, Rep. by its Principal Secretary, Panchayat Raj and Rural Development Dept. Secretariat, Velagapudi, Amaravathi, Guntur District

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The Commissioner of Panchayat Raj and Rural Development, No. 12-47, P.V.S. EMPIRE, Near Pratur Cross Road, Tadepalli, Guntur District.

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The District Panchayat Officer, Krishna, Machilipatnam.

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Challari Rammohan Rao, S/o Challari Venkaiah, 58 years Occ. Sweeper, Veeravalli Gram Panchayat, R/o Veeravalli, Bapulapadu Mandal, Krishna Dist.

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K.Ramulu, S/o Kotaiah (died)

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T.Nageswara Rao, S/o Pothuraju (died) )

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K.Venkateswara Rao, S/o Venkateswarlu Aged 55 years, Occ. Sweeper, Veeravallli Gram Panchayat, R/o Veeravalli, Bapulapadu Mandal, Krishna District

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Tanuri Lingaiah, S/o Tanuri Raghavulu Aged 55 years, Occ. Sweeper /Watcher, Nandigama Grampanchayath R/o Nandigama Krishna district.

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...RESPONDENTS

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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 a Writ Petition, Order or direction particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in not implementing the orders of the Hon'ble Tribunal dt. 02.09.2016 in OA No. 677/2014as illegal and arbitrary and consequently direct the Respondents to regularise the services of the Petitioners with effect from 23.07.1997 when they have completed 10 years of service with all consequential benefits as per the orders of the Hon'ble Tribunal dt. 02.09.2016 in OA No. 677/2014.

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IA NO: 1 OF 2023

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the Respondents forthwith to regularise the services of the Petitioners with effect from 23.07.1997 with all consequential benefits as per the orders of the Hon'ble Tribunal dt. 02.09.2016 in OA No. 677/2014pending disposal of the above writ petition.

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Counsel for the Petitioner(s): SRI. M SRIKANTH

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Counsel for the Respondents No.1 to 3: GP FOR SERVICES IV

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Counsel for the Respondents No.4 to 8: NON APPEARED

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The Court made the following: ORDER

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THE HON'BLE SRI JUSTICE A.V. SESHA SAI

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THE HON'BLE SRI JUSTICE R.RAGHUNANDAN RAO

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WRIT PETITION. No. 20618 OF 2023

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ORDER:(per A. V. Sesha Sai, J)

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Heard Sri M.Srikanth, learned counsel for the petitioners, and Sri Vadapalli Ramesh, learned Government Pleader for Services-IV, for the respondents.

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Inaction on the part of Respondent Nos.1 to 3, in implementing the order of the Andhra Pradesh Administrative Tribunal in O.A.No.677 of 2014, dated 02.09.2016, is the grievance of the petitioners in the present Writ Petition.

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Petitioner Nos.2 and 3 are the son and wife of the 1St petitioner herein, who was the 2nd applicant in 0.A.No.677 of 2014. The said O.A.No.677 of 2014 came to be instituted by the 1St petitioner along with Respondent Nos.5 and 6. The Andhra Pradesh Administrative Tribunal, by way of aforesaid order, dated 02.09.2016, allowed O.A.No.677 of 2014, following the order passed by the Tribunal in O.A.No.9268 of 2012, dated 02.03.2016. O.A.No.9268 of 2012 was allowed by the Tribunal, declaring that the applicant therein would be entitled for regularization of his services with effect, from the

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date on which he completed 10 years of service as per G.O.(P).No.112, Finance & Planning(FW-PC.III) Department, dated 23.07.1997, with all consequential benefits.

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According to the learned counsel for the petitioners, the order passed by the Tribunal on 02.09.20 16 in O.A.No.677 of 2014 attained finality and Respondent Nos.1 to 3 herein did not file any Writ Petition, questioning the said order. It is also to be noted that the rest of the applicants in O.A.No.677 of 2014 had also approached this Court, by way of filing W.P.No.413 of 2021, seeking implementation of the order passed by the Tribunal in O.A.No.677 of 2014. A coordinate Bench of this Court disposed of the said Writ Petition with a direction to Respondent Nos.1 to 3 therein to implement the order passed in O.A.No.677 of 2014, dated 02.09.2016.

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When the matter is taken up, it is brought to the notice of this Court that, pursuant to the order passed in W.P.No.413 of 2021, the State Government issued G.O.Rt.No.29 Panchayat Raj and Rural Development(Est.III) Department dated 28.04.2023, wherein it is stated that the State Government decided to comply with the order

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dated 13.04.2022 passed in W.P.No.413 of 2021. The copy of the said order is placed on record, which shows that the Government vide the said order directed to regularize the services of the petitioners in W.P.No.413 of 2021 with retrospective effect from 23.07.1997.

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In view of the aforesaid reasons, the Writ Petition is disposed of, directing Respondent Nos.1 to 3 to implement the order passed by the Andhra Pradesh Administrative Tribunal in O.A.No.677 of 2014, dated 02.09.2016, as expeditiously as possible, preferably within a period of three(3) months from the date of receipt of a copy of this order. There shall be no order as to costs.

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As a sequel, pending miscellaneous petitions, if any,

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stand closed.

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Sd/- K.J. RAJA BABU ASSISTANT REGISTRAR

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//TRUE COPY//

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SECTION OFFICER

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To, 1. The Principal Secretary,^{Panchayat Raj and Rural Development Dept. State} of Andhra Pradesh, Secretariat,^{Velagapudi, Amaravathi, Guntur District}

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1. The Commissioner of Panchayat^{Raj and Rural Development„ No. 12-47,} P.V.S. EMPIRE, Near Pratur Cross^{Road, Tadepalli, Guntur District.}

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The District Panchayat^{Officer, Krishna, Machilipatnam.}

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..A.—ehallari Rammohan Rao, S/o Challari^{Venkaiah, 58 years Occ. Sweeper,} Veeravalli Gram Panchayat, R/o Veeravalli,^{Bapulapadu Mandal, Krishna} Dist.

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K.Ramulu, S/o Kotaiah (died)

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T.Nageswara Rao, S/o Pothuraju (died) )

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K.Venkateswara Rao, S/o^{Venkateswarlu Aged 55 years, Occ. Sweeper,} Veeravallli Gram Panchayat, R/o^{Veeravalli, Bapulapadu Mandal, Krishna} District

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