Disposed

Made Rama Chandra Rao v. The State of Andhra Pradesh

Andhra Pradesh HC10 Oct 2023WP/23879/2023

Case brief

AI extract

What is this about?

Justice V. Sujatha disposed of this writ petition regarding salary and retirement benefits without adjudicating merits, directing the petitioner to submit representations to Respondent No. 3 for consideration within one week, with Respondent No. 3 expected to pass orders within four weeks.

What did the court decide?

Petitioner directed to submit representations to Respondent No. 3 within one week; Respondent No. 3 to consider and pass orders within four weeks.

Made Rama Chandra Rao Vs The State of… — Pension and Retirement Benefits | Andhra Pradesh HC (2023)

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAu IM -s._ (Special Original Jurisdiction) Cr^,if fs •tom.. a''~a ~ir i i TUESDAY, THE TENTH DAY OF-OCTOBE O U.k. \ TWO THOUSAND AND TWENTY THREE ": ' ::; PRESENT . ø . THE HONOURABLE SMT JUSTICE V.SUJATHA >-:

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WRIT PETITION NO: 23879 OF 2023

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Between:

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Made Rama Chandra Rao, S/o Late Vemalaiah, Hindu, aged about 60 years, Occ. Junior Assistant, A.P.T.W. Residential School (Boys), Rampachodavaram, ASR District, H.No.5-48, Madra Hostel Road, Near Sri Devi Kalyana Mandapam, Rampachodavaram, ASR District.

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...Petitioner

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AND

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The State of Andhra Pradesh, Finance and Planning Department, Rep. by its Principal Secretary, Secretariat Buildings, Velagapudi, Guntur District.

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The State of Andhra Pradesh, Social Welfare Department, Rep. by its Principal Secretary, Secretariat Buildings, Velagapudi, Guntur District.

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The A.P. Tribal Welfare Residential Education Institution Society (A.P.T.W.R.E.I. Society)., Rep. by its Secretary. Gurukulam, Moksha Sai Plaza, Tadepalli, Guntur, Guntur District.

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A.P. Tribal Welfare Residential Education Institution, Society School (Boys), Rampachodavaram, ASR District, rep. by its Principal.

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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 of Mandamus declaring the action of the respondents in not considering the petitioners representations dated 23.03.2023 and 24.08.2023 for payment of salary from 01.02.2023 to 30.08.2023 though he discharged his duties as Junior Assistant, A.P.T.W.Residential School (Boys), Rampachodavaram, Alluri Seetha Ramaraju District as per the orders in W.P.No.1069 of 2023 as illegal, improper, unjust, arbitrary and contrary to law and violation of Articles 14. 16 and 21 of the Constitution of India and consequently direct the respondents to pay the salary to the petitioner along with all retirement benefits.

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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 petition, the High Court may be pleased to direct the respondents to consider the representations dated 23.03.2023 and

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24.08.2023 for payment of the salaries from 01.02.2023 to 30.08.2023 pending disposal of the writ petition.

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Counsel for the Petitioner: SRI MAHADEVA KANTHRIGALA

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Counsel for the Respondents 1 & 2: GP FOR SERVICES I

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Counsel for the Respondents 3 & 4: SRI NOOKA JAGANNADHAM, SC for A.P.T.W.R.E.I. SOCIETY

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The Court made the following: order

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HONOURABLE SMT. JUSTICE V.SUJATHA

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WRIT PETITION No.23S79 of 2423

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ORDER:

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The present Writ Petition came to be filed under Article 226 of the Constitution of India seeking the following relief:-

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"... to issue a Writ of Mandamus declaring the action of Respondents in not considering the petitioners representations dated 23.03.2023 and 24.08.2023 for payment of salary from 01.02.2023 to 30.08.2023 though he discharged his duties as Junior Assistant, A.P.T. W. Residential School (Boys), Ramapachodavaram, Alluri Seetha Ramaraju District as per the orders in W.P.No.1069 of 2023 as illegal, improper, unjust, arbitrary and contrary to law and violation of Articles 14, 16 and 21 of the Constitution of India and consequently direct the respondents to pay the salary to the petitioner along with all retirement benefits.."

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Today when the matter came up for hearing, learned counsel for the petitioner reiterated the contentions urged in the Writ Petition, however, submits that despite submitting several representations, requesting to consider his case for payment of salary from 01.02.2023 to 30.08.2023, in view of the orders passed by this Court in W.P.No.1069 of 2023, the respondents are not considering the same. Therefore, requested to direct the respondent authorities to dispose of the representations dated

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23.03.2023 and 24.08.2023 for payment of his salary from 01.02.2023 to 30.08.2023

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On the other hand, Sri Nooka Jagannadham, learned Standing Counsel appearing for the respondents 3 and 4, took objection that the petitioner made representation to the Chairman, A.P. State Commission for Scheduled Castes, but it is for the respondent No.3 to consider the case of the petitioner.

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In view of the same, instead of going into the merits of the case, this Court feels it appropriate to dispose of the Writ Petition directing the petitioner to submit a representation to the respondent No.3, within a period of one week from the date of receipt of a copy of this order. There after the respondent No.3 shall consider the same and pass appropriate orders within a period of four (04) weeks in accordance with law.

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Accordingly, with the above direction, this Writ Petition is disposed of. There shall be no order as to costs.

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As a sequel, miscellaneous applications, pending, if any, shall also stand closed.

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Sd/- K.TATA RAO

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DEPUTY REGISTRAR

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//TRUE COPY// h` SECTION OFFICER

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To, 1. The Principal Secretary, State of^{Andhra Pradesh, Finance and Planning} Department, Secretariat Buildings, Velagapudi,^{Guntur District.}

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1. The Principal Secretary, State of Andhra^{Pradesh, Social Welfare} Department, Secretariat Buildings, Velagapudi,^{Guntur District.}

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1. The Secretary, A.P. Tribal Welfare^{Residential Education Institution Society} (A.P.T.W.R.E.I. Society)., Gurukulam, Moksha Sai Plaza,^{Tadepalli, Guntur,} Guntur District.

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1. The Principal, A.P. Tribal Welfare^{Residential Education Institution, Society} School (Boys), Rampachodavaram, ASR District.

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1. One CC to Sri Mahadeva Kanthrigala,^{Advocate [OPUC]} 6. One CC to Sri Nooka Jagannadham, SC^{for A.P.T.W.R.E.I. Society [OPUC]} 7. Two CCs to GP for Services - I, High^{Court of Andhra Pradesh. [OUT]} 8. Two CD Copies

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VRAM

HIGH COURT

DATED:10/10/2023

ORDER

WP.No.23879 of 2023

DISPOSING OF THE WP WITHOUT COSTS

Made Rama Chandra Rao v. The State of Andhra Pradesh

Case brief

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Made Rama Chandra Rao v. The State of Andhra Pradesh

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