Allowed

V Simmi Naidu v. State of Andhra Pradesh

Andhra Pradesh HC10 Oct 2023WP/26605/2023

Case brief

AI extract

What is this about?

The Court disposed of the writ petition by passing an identical order to that in W.P.No.1544 of 2023. The Court directed the respondents to decide the petitioner's appeal within six weeks and refrained them from appointing a third person in the subject post pending finalization.

What did the court decide?

Directing the second respondent to dispose of the appeal within six weeks and refraining authorities from appointing any third person in the subject post.

V Simmi Naidu Vs State of Andhra Pradesh — Labour and Industrial Disputes | Andhra Pradesh HC (2023)

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THE HONOURABLE SMT JUSTICE V. SUJATHA WRIT PETITION No.26605 of 2023

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ORDER:-

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The Writ Petition is filed under Article 226 of the

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Constitution of India seeking the following relief:

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“…to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of 2^nd respondent in not deciding the appeal, dated 12.09.2023 filed against the impugned proceedings in Rc.No.407/2022/HR, dated 30.08.2023 passed by the 3^rd respondent thereby removed the petitioner from the post of Field Assistant working in L.L.Puram Gram Panchayat of Palakonda Mandal in Parvathipuram Manyam District as illegal, irregular, irrational and amounts to non discharge of legal obligation conferred on 2^nd respondent under the provisions of National Rural Employment Guarantee Scheme Act, 2005 and offends Articles 14 and 21 of Constitution of India and consequently direct the 2^nd respondent to decide the petitioner’s appeal in accordance with law as expeditiously as possible…”

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Heard Sri Srinivas Ambati, learned counsel for the petitioner, learned Government Pleader for 1^st respondent and Sri M.S.R.Chandra Murthy, learned Standing Counsel appearing for respondents 2 and 3.

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When the matter is taken up for hearing, learned counsel for the petitioner would submit that the issue involved in this writ petition is squarely covered by the order passed by this Court in W.P.No.1544 of 2023, dated 24.01.2023 and

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requested to pass a similar order in this writ petition also. The operative portion of W.P.No.1544 of 2023, dated 24.10.2023 reads as follows:

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“…5. Having regard to the submissions made by both the counsel, this Court is of the opinion to dispose of the writ petition directing the 2^nd respondent to dispose of the appeal as mentioned above within a period of six (6) weeks from the date of receipt of copy of this orders, till the finalization of the appeal the respondent authorities are refrained from appointing any 3^rd person in respect of the subject post..”

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The same is not disputed by learned Government Pleader for 1^st respondent and Sri M.S.R.Chandra Murthy, learned Standing Counsel appearing for respondents 2 and 3.

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In view of the same, let there be a similar order in this case, following the identical lines as in W.P.No.1544 of 2023, dated 24.01.2023.

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In the result, the Writ Petition is disposed of with the following directions:

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Having regard to the submissions made by both the counsel, this Court is of the opinion to dispose of the writ

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petition directing the 2^nd respondent to dispose of the appeal as mentioned above within a period of six (6) weeks from the date of receipt of a copy of this orders, till the finalization of the appeal, the respondent authorities are refrained from appointing any 3^rd person in respect of the subject post.

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