Dismissed

Chinnamsetty Raju, v. State of Andhra Pradesh

Andhra Pradesh HC18 Feb 2024WP/1468/2022

Case brief

AI extract

What is this about?

The High Court of Andhra Pradesh dismissed Writ Petition No. 1468/2022 by way of withdrawal. The petitioner sought to challenge a final seniority list of District Judges, relying on superior court judgments, but the court recorded permission to withdraw the petition and disposed of the matter without records.

What did the court decide?

Petition dismissed as withdrawn; no order as to costs.

Chinnamsetty Raju, Vs State of Andhra… — Pension and Retirement Benefits | Andhra Pradesh HC (2024)

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IN THE HIGH COURT OF ANDHRA PRADESH::AMARAVATI

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(Special Original Jurisdiction)

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MONDAY, THE NINETEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE SRI JUSTICE G.NARENDAR

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AND

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THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY

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WRIT PETITION NO: 1468 OF 2022

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Between:

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Chinnamsetty Raju, S/o Ch. Subba Rao, aged about 52 years, Occ: District Judge (now on deputation as Member Secretary, A.P. State Legal Services Authority), Rio D.No.2-331/8, 2nd floor, Sri Sai Nivas, Undavalli 522501, Guntur District, A.P.

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...PETITIONER

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AND

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State of Andhra Pradesh, Rep. by its Chief Secretary, General Administration Department, A.P. Secretariat, Velagapudi, Amaravati, Guntur District.

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State of Telangana, Rep. by its Chief Secretary, General Administration Department, Secretariat Building, Hyderabad, Telanga na.

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High Court of Andhra Pradesh, Rep. by its Registrar General, Nelapadu, Amaravati, Guntur District.

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Smt.K.V.Maha Lakshmi, W/o not known to the petitioner agenot

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known to the petitioner, occupation; XI Addl. District and Sessions

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Judge. Gudiwada, Krishna District.

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Sri G.Vallabha Naidu, S/o not known to the petitioner, age- not known to

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the petitioner, occupation- Special Judge for trial of disposal of

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Commercial Disputes, Visakhapatnam town and district

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Sri V.Gopala Krishna Rao, S/o not known to the petitioner, agenot known to the petitioner, occupation- V Additional District and Sessions Judge-cum- Family Court Judge, Tirupati, Chittoor district.

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Sri V.Srinivasa Anjaneya Murthy S/o not known to the petitioner, age-

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not known to the petitioner, occupation- VIII Additional District and

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Sessions Judge, Vijayawada, Krishna district.

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Sri M.Tirumala Rao., S/o not known to the petitioner, age- not known to

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the petitioner, occupation- VI Addl. District and Sessions Judge, Nellore

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Nellore district.

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Sri G.Kabardhi, S/o not known ro the petitioner, age- not known to the

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petitioner, occupationVI Addl. District and Sessions Judge(FTC),

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Gooty, Ananthapuramu district.

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Smt.K.Sudhamani, W/o not known to the petitioner, age- not known to

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the petitioner, occupationAddl. District and Sessions Judge,

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Vizianagaram, Vizianagaram district.

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Sn G.Durgaiah, S/o not known to the petitioner, age- not known to the petitioner, occupation- Judge, Family Court-cum-IV Additional District and Sessions Judge-cum-Judge, Family Court, Vijayawada, Krishna district.

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Smt.P.Annapurna, W/o not known to the petitioner. age- not known to

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the petitioner, occupation- Judge. I Addl. District and Sessions Judge,

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Srikakulam, Srikakulam district.

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Smt.B.Gayatri, W/o not known to the petitioner,^{age-notknowntothe} 5th Addl. District and

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petitioner occupation- Judge, Family Court-cumSessions Judge, Visakhapatnam, Viskhapatnam district.

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Dr.S.Rajani, W/o not known to the petitioner, age-^notknown to the petitioner occupation- Judge, Spl,Court under POCSO Act, 2012, Vijayawada, Krishna District.

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Sri A.Srinivasa Kumar, S/o not known to the petitioner,^age-notknown to the petitioner, occupation- Spl Judge for SPE and^ACBCases-cum II Addl.District and Sessions Judge, Nellore, Nellore^district.

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Smt.S.Sreedevi, W/o not known to the petitioner,^{age-notknowntothe} petitioner, occupationII Addl District and Sessions^{Judgecum-1Addl.} M.S.J., Visakhapatnam, Visakhapatnam District.

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...RESPONDENTS

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Petition under Article 226 of the Constitution of India^{prayingthatin} the circumstances stated in the affidavit filed therewith,^{theHighCourtmay} be pleased to issue an appropriate writ order or direction^{preferablyaWritin} the nature of Mandamus declaring the Final Seniority^{Listissuedbythe2} nd Roc.No.424/2021-B.Spl dated 5.1.2022 in Respondent in Order supersession of the Final inter se Seniority List of^{theDistrictJudgesissued} by the 2^^ Respondent on 4.2.2017 Go.Ms.No.13 Law (LA&J-SC.F)^Dept dated 11.03.2022 as illegal, arbitrary and contrary^{tothelawlaiddownby} the Hon’ble Apex Court in K. Meghachandra Singh vs^{NingamSiro(2020)5} see 689 particularly the protection specifically provided in the said case in respect of the positions held by the individuals in^{theexistingsenioritylist} which shall not be touched and their seniority as fixed in the existing seniority continued to operate for all purposes including^{forthepurposeof} next level promotions/elevations and service prospects^{andconsequently} set aside the seniority fixed in the Final Seniority^{Listdated5.1.2022and}

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Go.Ms.No.13 Law (LA&J-SC.F) Dept dated 11.03.2022 as notified in AP Gazette vide No.416 dated 11.03.2022 besides directing the adhere and follow the inter se seniority of the District Judges as fixed in pursuance of nd the final Inter se Seniority List of the District Judges issued by the 2 Respondent on 4.2.2017.

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lA NO: 1 OF 2022

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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 suspend the operation of Seniority List dated 5.1.2022 issued by the Respondent No. 3 pending disposal of the Writ Petition.

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lA NO: 2 OF 2022

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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 issue an appropriate writ order or direction preferably a Writ in the nature of Mandamus declaring the Final Seniority List issued by the 3'"^ Respondent in Order in Roc.No.424/2021-B.Spl dated 5.1.2022 in supersession of the Final Inter se Seniority List of the District Judges issued by the 3^^ Respondent on 4.2.2017and Go.Ms.No.13 Law (LA&J-SC.F) Dept dated 11.03.2022 as notified in AP Gazette vide No.416 dated 11.03.2022 as Illegal, arbitrary and contrary to law laid down by the Hon'ble Apex Court in K. Meghachandra Singh Vs Ningam Siro {(2020) 5 SCC 689} particularly the protection specifically provided in the said case in respect of positions held by the individuals in the existing seniority list which shall not be touched and their seniority fixed in the existing seniority continued to operate for all purposes including for the purpose of next level promotions/elevations and service prospects and consequently set aside the seniority fixed in the Final Seniority List dated 5.1.2022 and Go.MsNo.13 Law (LA&J-SC.F) Dept dated 11.03.2022 as notified in AP Gazette vide

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No.416 dated 11.03.2022 besides directing to adhere and follow the inter se seniority of the District Judges as fixed in pursuance of the Final Inter se Seniority List of the District Judges issued by the 3'"* Respondent on 4.2.2017.

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lA NO: 3 OF 2022

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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 permit the petitioner to add the additional pleadings set out in para-4 of the accompanying affidavit as paragraphs 16 and 17 in the Affidavit filed in support of the above W.P.No.1468/2022.

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Counsel for the Petitioner: SRI U.D.JAI BHIMA RAO

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Counsel for the Respondent No.1: GP FOR GENERAL ADMINISTRATION

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DEPARTMENT

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Counsel for the Respondent No.3: GP FOR SMT N.ASHWANI KUMAR

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(SC FOR APHC)

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Counsel for the Respondent No.2 & 4 to 16: NONE

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The Court made the following: ORDER

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}

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HON>BLE SRI JUSTICE G.NARRNHAT? AND

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THE HON*BLE SRI JUSTICE NYAPATHY VT.TAV

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W.P, No. 146S nf.onoo

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ORDER: - (perHon’ble Sri Justice G.Narendar)

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Heard Sri. A. Satya Prasad, learned Senior Counsel, assisted by Sri. U.D. Jai Bhima Rao, learned Counsel for the Petitioner and Sri. N. Ashwani Kumar, learned Standing Counsel for High Court.

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The Registrar (Judicial) has placed on record a copy^of the letter, dated 13.02.2024, addressed to it by the Petitioner Counsel seeking permission to withdraw the petition. In that view of the matter, the Writ Petition stands dismissed as withdrawn. There shall be no order as to costs.

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

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SD/- M. SRINIVAS ASSISTANT REGISTRAR //TRUE COPY//

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SECTION OFFICER

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To,

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One CC to SRI U.D.JAI BHIMA RAO, Advocate [OPUC]

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Two CCs to GP FOR GENERAL ADMINISTRATION DEPARTMENT High Court of Andhra Pradesh [OUT]

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One CC to SMT N.ASHWANI KUMAR (SC FOR APHC) Advocate [OPUC]

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Two C.D Copies MBT

I I

HIGH COURT

DATED:19/02/2024

ORDER

WP.No.1468 of 2022

DISMISSING THE W.P

AS WITHDRAWN

WITHOUT COSTS

Chinnamsetty Raju, v. State of Andhra Pradesh

Case brief

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Chinnamsetty Raju, v. State of Andhra Pradesh

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