Disposed

Venkumahanti Prakasa Rao v. the State of Ap

Andhra Pradesh HC11 Jul 2024WP/11297/2024

Case brief

AI extract

What is this about?

The High Court of Andhra Pradesh at Amaravati disposed of a writ petition seeking a mandamus directing the State Government to decide a petitioner's statutory appeal regarding a notional promotion dispute, by doing so at the admission stage without adjudicating merits.

What did the court decide?

Directed the Principal Secretary to dispose of the pending statutory appeal within eight weeks of receipt of the order.

Venkumahanti Prakasa Rao Vs the State of Ap — Service and Employment | Andhra Pradesh HC (2024)

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

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FRIDAY, THE TWELFTH DAY OF JULY TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTl WRIT PETITION NO: 11297 OF 2024

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Between:

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Venkumahanti Prakasa Rao, S/o Late Koteswara Rao, Aged 55 years, Occ; Extension Officer (PR & RD), O/o Mandal Parishad Development Officer, Mandal Praja Parishad, Srikakulam Mandal, Srikakulam District.

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...PETITIONER

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AND

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The State of Andhra Pradesh, Rep. by its Principal Secretary to Government, Panchayat Raj & Rural Development Department, Secretariat, Velagapudi, Amaravati, Guntur District.

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The Commissioner, Panchayat Raj & Rural Development Department Government of Andhra Pradesh, PVS Empire, Pathuru Road, Tadepalli, Guntur District.

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The District Panchayat Officer, Srikakulam, Srikakulam Di$trict.

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Battula Malleswara Rao, S/o Late Apparao, Aged 57 years, Occ Extension Officer (PR and RD), O/o Mandal Parishad Development Officer, Mandal Praja Parishad, Tekkali Mandal, Srikakulam District.

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...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 a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the respondent in not deciding petitioners Appeal dt. 03.10.2023 filed Under Rule 26 of A.P. State and Sub-ordinate Service Rules, 1996, aggrieved by the Order

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dt. 20.09.2023 in Procgs.No.757932/CPR & Rp/N1/2020,^passedbythe 2"^ respondent thereby granted Notional Promotion to respondent as ; Extension Officer (PR & RD) on Ad-hoc basis with^{effectfrom31.08.2015,} without considering petitioners objection petition dt. 23.02.2023 and remarks from District Panchayat Officer, without furnishing the any non discharge of legal Srikakulam as illegal, irregular, amounts to St respondent under the provisions of Andhra obligation conferred on 1 Pradesh State^{andSub-ordinateServiceRules,1996andoffendsArticles} of India and consequently direct the 1 St 14 and 21 of Constitution decide the petitioners appeal in accordance with law as respondent to expeditiously as possible.

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lA NO: 1 OF 2024

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Petition under Section 151 CPC praying that in the^{circumstances} stated in the affidavit filed in support of the petition,^{theHighCourtmaybe} St respondents to decide the Petitioner’s Appeal dt. pleased to direct the 1 03.10.2023 filed under Rule 26 of A.P. State and Sub-ordinate^Service Order dt. 20.09.2023 in Rules, 1996, aggrieved by the Procgs.No.757932/CPR & RD/N1/2020, passed by the 2^^ respondent thereby granted Notional Promotion to 4*^^ respondent^{asExtensionOfficer} (PR & RD) on Ad-hoc basis with effect from 31.08.2015,^{asexpeditiously} as possible in accordance with law, pending disposal^{ofthemainWrit} Petition.

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Counsel for the Petitioner: SRI. SRINIVAS AMBATI

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Counsel for the Respondent No.1: GP FOR PANCHAYAT RAJ^& RURAL DEVELOPMENT

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Counsel for the Respondent Nbs. 2 & 3: GP FOR SERVICES-IV Counsel for the Respondent No.4: SRI EATHAKOTA VENKATA^RAO The Court made the following: ORDER

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IN THE HIGH COURT OF ANDHRA PRADESH: AMARAVATI

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HONOURABLE SRI JUSTICE SUBBA REDDY SATTI

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WRIT PETITION No.11297 of 2024

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Venkumahanti Prakasa Rao, S/o Late Koteswara Rao, Aged: 55 years, Oce: Extension Officer (PR & RD), O/o Mandal Parishad Development Officer,. Mandal Praja Parishad, Srikakulam Mandal, Srikakulam District.

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... Petitioner

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Versus

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State of Andhra Pradesh, Rep. by its Principal Secretary to Government, Panchayat Raj & Rural Development Department Secretariat, Velagapudi, Amaravati, Guntur District and three others.

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... Respondents.

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Counsel for the petitioner : Sri Srinivas Ambati Counsel for respondents : GP for Services-lV; GP for Panchayat Raj and Sri Eathakota Venkata Rao

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ORDER

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This writ petition is filed to declare the action of^respondent

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No.1 in not deciding petitioner’s appeal dated 03.10.2023^filed under Rule 26 of the Andhra Pradesh state and Sub-ordinate Service Rules, 1996, as illegal and arbitrary.

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Page 2 of 4

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SRSJ WP No.11297 of 2024

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learned counsel for the 2. Heard Sri Srlnlvas Ambatl petitioner; learned Government Pleader for Services-lV and Sri Eathakota Venkata Rao, learned counsel for respondent No.4.

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Learned counsel for the petitioner would submit^thatthe statutory appeal filed by the petitioner against the^orderspassed vide proceedings No.757932/CPR & by the Commissioner, RD/N1/2020 dated 20.09.2023, granting notional promotion to respondent Nb.4 as Extension Officer (PR & RD) on Adhoc basis is not being disposed of by respondent No,.1.

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1. Learned Assistant Government Pleader for Services IV, on instructions would submit that, in fact, respondent^No.1called for records from respondent No.2-Commisslonar. He would submit that appeal will be disposed of, in accordancewith law.

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In view of the submissions rfiade by learned Assistant Government Pleader for $ervices-lV, this writ petitioh is disposed of at the admission stage, with the consent of learned^counselon either side, directing respondent No.1 to dispose of the appeal filed by the petitioner against proceedings No.757932/CPR & RD/N1/2020 dated 20.09.2023 of respondent No.2, strictly in

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Page 3 of 4

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SRSJ WP No. 11297 of 2024

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accordance with law, as expeditiously as possible, preferably'

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within eight weeks from the data of receipt of a copy^ofthisorder.

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No costs.

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As a sequel, pending miscellaneous petitions, if any,^shall stand closed.

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//TRUE COPY//

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Sd/- S.SRINIVASA PRASAD ASSISTANT1REGISTRAR

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SEC OFFICER

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To,

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The Principal Secretary to Government, Panchayat Raj & Rural Development Department, State of Andhra Pradesh

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" j ..

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Secretariat,Velagapudi, Amaravati,.Guntur District.

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The Commissioner, Panchayat Raj & Rural Development Department Government of Andhra Pradesh, PVS Empire, Pathuru Road, Tadepalli,

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Guntur District.

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The District Panchayat Officer, Srikakulam, Srikakulam District.

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One CC to Sri: Srinivas Ambati, Advocate [OPUC]

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Two CCs to GP for Panchayat Raj & Rural Development, High Court of Andhra Pradesh. [OUT]

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Two CCs to GP for Services-IV, High Court of Andhra Pradesh. [OUT]

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One CC to Sri Eathakota VEnkata Rao, Advocate. [OPUC]

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Three CD Copies.

HIGH COURT

DATED:12/07/2024

ORDER

WP.No.11297 of 2024

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g 0 6 AUG 202‘i Coll
S' Current Seciiori
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DISPOSING OF THE WRIT PETITION AT THE STAGE OF ADMISSION WITHOUT COSTS

Venkumahanti Prakasa Rao v. the State of Ap

Case brief

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Venkumahanti Prakasa Rao v. the State of Ap

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