Disposed

Botcha Kamala Kumari, v. The State of Andhra Pradesh

Andhra Pradesh HC24 Jul 2024WP/12490/2024

Case brief

AI extract

What is this about?

Writ petition by a Ward Welfare and Development Secretary Grade-II candidate denied posting orders on the ground that her B.Com qualification did not fall under Arts and Humanities. The Government Pleader conceded she was entitled to re-appointment per G.O.Ms.No.41; the court disposed of the petition directing consideration within four weeks.

What did the court decide?

Respondents directed to consider petitioner for appointment as Ward Welfare & Development Secretary (Grade-II), preferably within four weeks; no costs.

Botcha Kamala Kumari, Vs The State of Andhra… — Service and Employment | Andhra Pradesh HC (2024)

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

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THURSDAY, THE TWENTY FIFTH DAY OF JULY TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 12490 OF 2024

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• 0
I

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Between:

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Botcha Kamala Kumari, D/o. Krishna Rao Aged about 44 years, occupation unemployed H.T.No. 190315001103, Ward Welfare and Development Secretary Grade-ll, Recruitment- 2019 R/o. Dr. No. 58-15-157, Shanthi Nagar, Visakhapatnam.

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...PETITIONER

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AND

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The State of Andhra Pradesh, Represented by Special Chief Secretary, Municipal Administration Department, Secretariat, Velagapudi,^Thullur Mandal, Guntur District.

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The State of Andhra Pradesh, Represented by Principal Secretary, Panchayat Raj Department, Secretariat, Velagapudi,^{ThullurMandal,} Guntur District.

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The Commissioner and Director of Municipal Administration,^PrimeHill Crust, Vaddeswaram, Mangalagiri, Guntur District.

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The Commissioner of Panchayat Raj, PVS Icon, Tadepalli,^Guntur District.

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The Regional Director of Municipal Administration, Vishakhapatnam.

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The District Collector and Chairman, District Selection Committee, Grama/ Ward Sachivalayam, Visakhapatnam District, Visakhapatnam.

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The State of Andhra Pradesh, Represented by Principal Secretary, Higher Education Department, Secretariat, Velagapudi,^{ThullurMandal,} Guntur District.

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...RESPONDENTS

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Petition under Article 226 of the Constitution of India praying^thatin the circumstances stated in the affidavit filed therewith,^{theHighCourtmay} be'pleased to issue a Writ, Order or Direction more^{particularlyoneinthe} ’ nature of Writ of Mandamus declaring the action of Respondents in not } .* rssuing Posting Orders despite submitting a Willingness Letter dated 04-122023 according to the Notice of 6th Respondent in Lr. Roc. No 451/2023/^H5 of Ward Recruitment /UCD/ dated 24-11-2023, issued in pursuance K Notification Number 06/2019 dated 26-7-2019 for the post of Ward^Welfare and Development Secretary Grade II, discriminating the^{Petitioneronthe} ground of B.Com qualification not falling under Arts^and Humanities by other successful candidates, as being illegal, issuing Posting Order to and violation of Article 14 and 16 of Constitution^of arbitrary, discriminatory India, and contrary to Judicial Pronouncements, and consequently direct the Respondents to issue Posting Orders to the post of^{WardWelfareand} Development Secretary Grade II, with all consequential^{benefitsincluding} Seniority as per merit list.

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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} pleased to direct the Respondents to consider the petitioner's^{representation} dated 20-04-2024 pending disposal of the above writ^petition.

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Counsel for the Petitioner: SRI BEHARA RAJSHEKAR Counsel for the Respondent Nos.1 to 5; GP FOR SERVICES^IV Counsel for the Respondent No.6: GP FOR VILLAGE & WARD

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SECRETARIATS

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Counsel for the Respondent No.7: GP FOR SERVICES-III The Court made the following: ORDER

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IN THE HIGH COURT OF ANDHRA PRADESH: AMARAVATI THE HON’BLE SRI JUSTICE SUBBA REDDY SATTI

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\A/PIT PFTITION No.12490 OF 2024

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Botcha Kamala Kumari, D/o Krishna Rao, aged years, occupation; unemployed H.T.No.190315001103, Ward Welfare and Development Secretary Grade-ll, Recruitment-2019, R/o Dr.No.58-15-157, Shanthi Nagar, Visakhapatnam.

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... Petitioner

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Versus

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The State of Andhra Pradesh, Represented by Special Chief Secretary, Municipal Administration Department Secretariat, Velagapudi, Thullur Mandal, Guntur District and six others.

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... Respondents

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; Sri Behara Rajshekar Counsel for the petitioner ■ GP for Village and Ward Counsel for respondents Secretariats / GP for Services-lll / GP for Services-IV

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:: ORDER ::

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declare the action of the The above writ petition is filed to orders despite submitting the willing respondents, in not issuing posting the notice of respondent No.6 issued vide letter dated 04.12.2023, as per Lr. Roc. NO.451/2023/H5/UCD dated 24.11.2023 in pursuance of Ward No.06/2019 dated 26.07.2019, for the post of Recruitment Notification

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2 SRS, J WP No.12490 of 2024

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Ward Welfare and Development Secretary Grade II, discriminating^the petitioner, on the ground of B.Com qualification as^{illegalandarbitrary.}

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Heard Sri Behara Rajshekar, learned counsel for the^{petitioner,and} Sri G.Prashant, learned Assistant Government Pleader^{forVillage&Ward} Secretariat for respondents 1 to 6. 3. Learned counsel for the petitioner has drawn the attention^ofthis Court • to G.O.Ms.No.41 Municipal Administration and Urban Development (UBS) Department, dated 07.03.2024 wherein^theSpecial Chief Secretary directed the District Selection Committee/Appoin^ting Authorities to ensure that. Appointment Orders are^{issuedonlytothose} eligible B.Com candidates (whether they have approached^thecourtor not) who are in the merit list and already given willingness.

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Learned Assistant Government Pleader submitted that^theissue involved in this writ petition is squarely covered^{bytheorder,dated} 05.05.2023, passed in W.A.Nos.613, 748, and 749 of^2022.Hewould submit that in similar circumstances, W.P.No.13133^{of2024wasallowed,} by following the common order.

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Learned counsel on either side drew the attention of^thisCourtto the option format filed as Ex.P5.

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SRSJ WP No.12490 of 2024

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Learned Assistant Government Pleader would fairly submit that^the petitioner is entitled for re-appointment in terms^{ofG.O.Ms.No.41,dated} 07.03.2024. He would submit that the petitioner will be accommodated and appointment will be made in due course.

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this Court to 7. In reply, learned counsel for the petitioner has urged fix a time limit, so that the respondents will not cause further delay in giving appointment to the petitioner. 8. Given the facts and circumstances, the Writ Petition^isdisposedof at the admission stage, with the consent of learned^counselon either side, directing the respondents to consider the petitioner for the post of Ward Welfare & Development Secretary (Grade-ll), as expeditiously as within four (4) weeks from the date of receipt of a possible, preferably copy of the order. No order as to costs.

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Miscellaneous petitions pending, if any, shall stand^closed.

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SE N OFFICER

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To,

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The Special Chief Secretary, Municipal Administration Department, State of Andhra Pradesh, Secretariat, Velagapudi, Thullur Mandal, Guntur District.

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The Principal Secretary, Panchayat Raj Department,^{StateofAndhra} Pradesh Secretariat, Velagapudi, Thullur Mandal, Guntur District,

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The Commissioner and Director of Municipal Administration, Prime Hill Crust, Vaddeswaram, Mangalagiri, Guntur District.

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The Commissioner of Panchayat Raj, PVS Icon, Tadepalli,^Guntur District.

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The Regional Director of Municipal Administration, Vishakhapatnam.

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The District Collector and Chairman, District Selection Committee, Grama/ Ward Sachivalayam, Visakhapatnam District, Visakhapatnam.

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The Principal Secretary, Higher Education Department, State of Andhra Pradesh, Secretariat, Velagapudi, Thullur Mandal, Guntur District.

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One CC to Sri Behara Rajshekar, Advocate [OPUC]

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Two CCs to GP for Services-IV, High Court of Andhra Pradesh. [OUT] 10. Two CCs to GP for Services-lll, High Court of Andhra Pradesh.

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OUT]

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Two CCs to GP for Village & Ward Secretariats, High^Courtof Andhra Pradesh. [OUT

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Three CD Copies.

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^“’high court

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' DATED:25/07/2024

ORDER

WP.No.12490 of 2024

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DISPOSING OF THE W.P. WITHOUT COSTS

Botcha Kamala Kumari, v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

Botcha Kamala Kumari, v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

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