Disposed

B.Subba Reddy, Krishna Dist. v. the State of a.P.,Endowments,Hyd.,and 3 Otrs.

Andhra Pradesh HC11 Sept 2024WP/29392/2015

Case brief

AI extract

What is this about?

A Writ Petition challenging the final seniority list and proceedings rejecting the petitioner's objections was closed. The Court held that the petitioner's grievance no longer survived as he had been notionally transferred to another cadre during the pendency of the petition.

What did the court decide?

The writ petition is closed; Interlocutory Appeals pending stand closed; no order as to costs.

B.Subba Reddy, Krishna Dist. Vs the… — 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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THURSDAY, THE TWELFTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FOUR

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PRESENT

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HONOURABLE SMT JUSTICE V.SUJATHA

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WRIT PETITION NO: 29392 OF 2015

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Between:

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B. Subba Reddy, S/o Nagi Reddy, Manager(Junior Assistant cadre) aged about 49 years, Edupugallu Group Temple, Edupugallu(V)kKankipadu (M), Krishna 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, Endowments Department, Secretariat, Hyderabad.

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Commissioner for Endowments,, Boggulakunta, Tilak Road, Hyderabad.

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The Deputy Commissioner,, Endowments Department, Kakinada, East Godavari District.

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The Assistant Commissioner, Endowments Department, Vijayawada

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...RESPONDENTS

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Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an order or direction more particularly one

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't-

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in the nature of Writ of Mandamus, a). Declaring the proceedings of 3rd respondent in Rc.No.B4/2892/2015, dated; 04-08-2015 rejecting the objections of the petitioner as illegal, arbitrary and set-aside the same ; b). Purthpr declaring the Final Seniority Lists dated: 04-08-2015 ; 4^l*^ommunicated in Rc.No. B4/2892/2015, by the 3rd^{respondentasillegal,} ' contrary to Sec.35 of Act 30/87 and Rules 12 of the^Andhra Pradesh Charitable and Hindu Religious Institutions and office Holders and Servants Service Rules, 2000; c). Consequentially declare that the seniority of the petitioner in the category of Junior^{Assistantshouldbefixed} in the appropriate place by counting his service from^14.08.1991 with all consequential benefits duly considering petitioner's seniority in the category of Junior Assistant in the establishment of Religious and Charitable Institution in Krishna District.

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I.A. NO: 1 OF 2015fWPMP. NO: 38091 OF 2015)

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Petition under Section 151 CPC is filed 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 the impugned proceedings RC No.2892/2015 dated 04-08-2015 issued by the 3rd respondent including the Final Seniority list in the cadre of the Junior Assistant, Krishna District, consequentially direct the respondents to consider the objections of the petitioner, pending disposal of the W.P.No. of 2015.

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Counsel for the Petitioner(s); M/S. UMA DEVI NAMA

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Counsel for the Respondents 1 to 4 : GP FOR ENDOWMENTS

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The Court made the following: ORDER

[3333]

APHC010085772015

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

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(Special Original Jurisdiction)

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THURSDAY, THE TWELFTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE SMT JUSTICE V.SUJATHA

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WRIT PETITION NO: 29392/2015

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Between;

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B.Subba Reddy, Krishna Dist.

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...PETITIONER

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AND

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The State of A P Endowments Hyd and 3 others

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...RESPONDENT(S)

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Counsel for the Petitioner:

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1.UMADEV1 NAMA

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Counsel for the Respondent(S):

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1.GP FOR ENDOWMENTS (AP)

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The Court made the following:

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ORDER:

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This writ petition is filed under Article 226 of the Constitution of India

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seeking the following relief:-

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“....to issue an order or direction more particularly^{oneinthenatureofWritof} Mandamus, (a) Declaring the proceedings of 3"^ respondent in Rc.No.B4/2892/2015, dated 04.08.2015 rejecting the objections of the petitioner as illegal, arbitrary and setaside the same; (b) Further, declaring the Final Seniority Lists dated 04.08.2015 communicated in Rc.No.B4/2892/2015, by the 3'"^ respondent as illegal, contrary to Section^{35of Act30/87andRules} 12 of the Andhra Pradesh Charitable and Hindu Religious^{Institutionsand} office Holders and Servants Service Rules, 2000; (c) Consequentially declare that the seniority of the petitioner in the category^{ofJuniorAssistantshouldbe} fixed in the appropriate place by counting his service^{from14.08.1991withall} consequential benefits duly considering petitioner’s seniority in the category of Junior Assistant in the establishment of Religious^{andCharitableInstitution} in Krishna District....”

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Heard learned counsel for the petitioner and the learned^Government Pleader for Endowments for respondents.

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During hearing, learned Government Pleader for Endowments produced a copy of the proceedings of the Commissioner, Endowments Department, Amaravathi, dated 16.03.2022. As per which, during pendency of the writ petition, the petitioner has been appointed by transfer to the cadre of Executive Officer, Grade II, notionally with effect^{from22.02.2018} without monetory benefits.

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