Dismissed¶32

B Somaiah v. the State of Andhra Pradesh

Andhra Pradesh HC1 Jul 2025WP(AT)/443/2021

Case brief

AI extract

What is this about?

Andhra Pradesh High Court, Amaravati; W.P.(A.T.) No.443 of 2021 (ex O.A. No.4273 of 2016, A.P. Administrative Tribunal); B.Somaiah v. State of A.P.; Panchayat Secretary absorption from date of appointment by transfer; challenge to para 5(i) of G.O.Ms.No.59 dated 27-9-16; Articles 14, 16 and 226, Constitution of India; related Writ Petition No.1372 of 2020 allowed 10.04.2025; writ petition dismissed as infructuous; no order as to costs; Hon'ble Ms. Justice B.S. Bhanumathi; decided 02.07.2025.

What did the court decide?

Since the relief sought in the present petition was obtained through Writ Petition No.1372 of 2020, which was allowed on 10.04.2025, the writ petition is dismissed as infructuous, with no order as to costs. ¶32

B Somaiah Vs the State of Andhra Pradesh — Writ and Judicial Review | Andhra Pradesh HC (2025)

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[3311]

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APHC010246152021

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

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(Special Original Jurisdiction)

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Wednesday, the seco n d day of July, Two Thousand and Twenty Five

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Present

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The Honourable Ms.Justice B.S.Bhanumathi Writ Petition transferred from A.P.(A.T.) No.443 of 2021

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(O.A. No.4273 of 2016)

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Between:

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1.B.Somaiah, son of Ve n kata Subbaiah, aged 53 years, workin g as Panchayat Secretary, P e dapaipaka, Penamaluru Mandal, Krish n a District. … Petitioner

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and

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1.The State of Andhra P radesh, represented by its Principal Se c retary, Panchayat Raj and Rur a l Department, Secretariat Buildings, Velagapudi, Guntur District.

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2.The Commissioner of Panchayat Raj and Rural Development, Sri Charitasri Buildings, Do o r No.29-6-8/1, Nikka Road, Suryaraop e t, Vijayawada-520 002.

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3.The District Collector, Panchayat Raj Wing, Krishna District at Machalipatnam.

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4.The District Panchaya t Officer, Krishna District at Machalipatn a m. 5.The Commissioner of S ericulture, State of A.P., Marketing Ya r d, Guntur.

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... Respondents

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BSB,J W.P.(A.T.) No.443 of 2021

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Counsel for the petitioner:

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1.M.Srikanth

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Counsel for the respondents:

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1.Government Pleader for Services-IV

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The Court made the following:

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ORDER:

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The writ petition is filed under Article 226 of the Constitution of India seeking the following relief:

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“…to declare para 5(i) of G.O.Ms.No.59, dated 27-9-16 as illegal, arbitrary, unconstitutional and violative of Article 14 and 16 of the Constitution of India and set aside the same with a consequential direction to the respondents to absorb the applicant as Panchayat Secretary from the date of his appointment by transfer as Panchayat Secretary with all consequential benefits and promotions and pass such other order or orders..”

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The petition was originally filed before the A.P. Administrative Tribunal vide O.A.No.4273 of 2016. It was re-numbered as W.P.(A.T.) No.443 of 2021 on its transfer to this High Court.

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The learned counsel for the petitioner submitted that after filing this petition before the A.P. Administrative Tribunal, but, before it was transferred to this Court, since the respondent authorities passed order dated 26.12.2019 rejecting the request of the petitioner for absorption from the date of his joining in Panchayat Raj Department, a separate Writ Petition No.1372 of 2020 was filed before this High Court and the

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BSB,J W.P.(A.T.) No.443 of 2021

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said writ petition was allowed on 10.04.2025 and therefore the relief in the present petition has become infructuous.

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