J Krishna Kumari Vs the State of Ap

Writ Appeal under clause 15 of the Letters Patent above named Appellant begs to present this Memorandum of Writ Appeal aggrieved by the order dated 15.11.2024 passed in W.P.No.5775 of 2022 of a Learned Single Judge of the High Court of Andhra Pradesh at Amaravati for the following among other grounds

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Between:

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J KRISHNA KUMARI, D/O. J. VENKATA SATYANARAYANA, AGED ABOUT 46 YEARS, OCCIOFFICE SUPERINTENDENT, CENTRAL PRISON, KADAPA, ATTACHMENT AT 0/O.DIG OF PRISONS, GUNTUR RANGE, TADEPALLI, GUNTUR DISTRICT, R/O. FLAT NO.301, DANDAMUDI ENCLAVE, CHAITANYAPURI, 0 LINE, KORITEPADU, GUNTUR, GUNTUR DISTRICT.

...APPELLANT

AND

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THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AT AMARAVATHI, GUNTUR DISTRICT.

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THE DIRECTOR OF GENERAL, PRISONS AND CORRECTION SERVICES, AP, CNR PARADISE, NH-5 SERVICE ROAD TENALI FLYOVER JUNCTION, MANGALAGIRI, GUNTUR DISTRICT.

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MAMIDI NOOKA RAJU, S/O. VENKATA SWAMY, AGED ABOUT 48 YEARS, OCC. SENIOR ASSISTANT WORKING AT DISTRICT JAIL, SRIKAKULAM, SRIKAKULAM DISTRICT.

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...RESPONDENT(S):

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IA NO: 1 OF 2025

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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 condone the delay days in filing writ appeal against the order dated 15.11.2024 in WP.No.5775 of 2022, pending the above writ appeal and pass

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IA NO: 2 OF 2025

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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 Pleased to dispense with the filing of certified copy of order in W.P.No.5775 of 2022 dated 15.11.2025 and pass

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IA NO: 3 OF 2025

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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 Pleased to grant leave to file appeal against the orders in W.P.No.5775 of 2022 before the Honble High Court of Andhra Pradesh, at Amaravati, pending disposal of writ appeal and pass

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IA NO: 4 OF 2025

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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 order dated 15.11.2024 passed by the

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Learned Single Judge in W.P.No.5775 of 2022 before the Honble High Court of Andhra Pradesh, pending disposal of writ appeal and pass

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IA NO: 5 OF 2025

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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 May be pleased to suspend the proceedings of the 2nd respondent vide proceedings No.Estt-3/76/2022-2 dated 19.11.2025, pending disposal of writ appeal and pass

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Counsel for the Appellant:

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1.M K RAJ KUMAR

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Counsel for the Respondent(S):

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1.GP FOR SERVICES I

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2.EATHAKOTA VENKATA RAO

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The Court made the following:

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THE HON’BLE SRI JUSTICE BATTU DEVANAND

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&

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THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA

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I.A.No.03 of 2025 IN/AND WRIT APPEAL NO.1222 of 2025

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COMMON JUDGMENT: (Per Hon’ble Sri Justice Battu Devanand)

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Heard both sides.

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This Writ Appeal is filed against the order, dated 15.11.2024 passed by the learned Single Judge of this Court in W.P.No.5775 of 2022. In fact the present appellant is not a party to the said Writ Proceedings and the 3^rd respondent herein filed the said Writ Petition seeking to declare the action of the respondents therein in rejecting his case for promotion as office Superintendent under ST vacancy for the panel year 2013-2014 vide impugned Memorandum No.Estt-3/1/2021, dated 07.12.2021 issued by the 2^nd respondent as illegal, arbitrary contrary to the rules and also G.O.Ms.No.2 S.W Department, dated 09.01.2004 and for a consequential direction to declare that he is entitled for promotion as office Superintendent notionally at Roster point No.33 for the panel year 2013-14 under ST category with all consequential

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benefits. After hearing both sides, the said Writ Petition was disposed of with the following directions:-

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i) the impugned Memorandum No.Estt.3/1/2021, dated 7.12.2021 issued by the 2^nd respondent is hereby set aside;

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ii) the respondents are directed to consider the case of the petitioner for promotion as Office Superintendent under ST vacancy under the carry forwarded vacancy in terms of G.O.Ms.No.2 at Sl.No.13.

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Learned counsel for the appellant would submit that in compliance of the order, dated 15.11.2024 passed in W.P.No.5775 of 2022 the 2^nd respondent issued proceedings reverting the appellant from the post of Superintendent to the post of Senior Assistant. Thereafter, the appellant filed W.P.No.31177 of 2025 challenging the said reversion proceedings issued by the 2^nd respondent and the said Writ Petition is pending before this Court. The present Writ Appeal has been filed by the appellant against the order, dated 15.11.2024 passed by the learned Single Judge of this Court in W.P.No.5775 of 2022 on the ground that though she is the person affected by the order passed in the said Writ Petition she was not made as a party to the said Writ Petition. Along with this appeal an application vide I.A.No.03 of 2025 is filed seeking leave of

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this Court to file appeal against the order, dated 15.11.2024 passed by

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the learned Single Judge of this Court in W.P.No.5775 of 2022.

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Learned counsel for the 3^rd respondent contends that as and

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when the appellant filed W.P.No.31177 of 2025 challenging the proceedings issued against her by the 2^nd respondent and the said Writ Petition is pending, the appellant is not entitled to challenge the order passed in W.P.No.5775 of 2022 by way of filing the present appeal. Learned counsel for the 3^rd respondent further contends that in the Writ Petition filed by the appellant i.e., in W.P.No.31177 of 2025 the 3^rd respondent is not made as a party and he was not impleaded as respondent.

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Having considered the facts and circumstances of the case it appears that the appellant can raise all her contentions before the learned Single Judge in W.P.No.31177 of 2025 after impleading the 3^rd respondent herein as a party respondent in the said Writ Petition. Besides this, the order passed by the learned Single judge in W.P.No.5775 of 2022 has been complied with by virtue of the proceedings under challenge in W.P.No.31177 of 2025. In compliance of the said order only, the proceedings under challenge in W.P.No.31177 of 2025 came to be issued.

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Under these circumstances, taking into consideration the fact that the order passed by the learned Single Judge in W.P.No.5775 of 2022 has become final by issuing proceedings, dated 19.11.2025 and the said proceedings are already under challenge in W.P.No.31177 of 2025, we are not inclined to grant leave to the appellant to challenge the order passed in W.P.No.5775 of 2022. In view of the same, in our opinion I.A.No.03 of 2025 is liable to be dismissed.

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Accordingly, I.A.No.03 of 2025 is dismissed. Consequently, Writ Appeal is also dismissed. It is made clear that the appellant can raise all her grounds and contentions that are raised in this appeal before the learned Single Judge while hearing W.P.No.31177 of 2025. There shall be no order as to costs.

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As a sequel, miscellaneous petitions pending, if any, shall stand

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closed.

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__________________________ JUSTICE BATTU DEVANAND

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__________________________________ JUSTICE A.HARI HARANADHA SARMA

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Dated: 22.06.2026 TM

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