S v v S Nookanna Dora Vs the State of Andhra Pradesh

S V V S NOOKANNA DORA, S/O. SAMBA MURTHY, AGED 48 YEARS, RIO. PLOT NO.202, SIRI NILAYAM, NEAR SBI TRAINING CENTRE, ALAKANANDA COLONY VIZIANAGARAM-5 3 5 003, A.P.

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...PETITIONER

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AND

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THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, HIGHER EDUCATION DEPT, A.P.SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT..

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ANDHRA UNIVERSITY, REP. BY ITS VICE CHANCELLOR, WALTAIR, VISAKHAPATNAM,

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ANDHRA UNIVERSITY, REP. BY ITS REGISTRAR, WALTAIR, VISAKHAPATNAM.

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THE PRINCIPAL, AU COLLEGE OF SCIENCE AND TECHNOLOGY ANDHRA UNIVERSITY, WALTAIR, VISAKHAPATNAM,

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...RESPONDENT(S):

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Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased toHonorable High Court be pleased to issue a Writ, Order or direction more in the nature of Mandamus declaring the orders passed by 2nd respondent in Proc. No.S.II(4)TA(C)/ Botany/2022 dated 18.11.2022 in discontinuing the services of the petitioner as Assistant Professor in Botany Department, AU College of Science and Technology, Visakhapatnam, on the ground of allegations as illegal, arbitrary and violates Article 14, and 21 of Constitution of India and contrary to the law laid down by the Supreme Court in 1999 (3) SCC 60 and consequently declare that the petitioner is entitled to

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continue in service without there being any break in service in the interests of justice and to pass such

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IA NO: 1 OF 2023

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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 be pleased to issue Interim Direction suspending the operation of the orders passed by the 2nd respondent in 2nd respondent in Proc. No.S.II(4)TA(C)/ Botany/2022 dated 18.11.2022 with a direction to continue the petitioner as Assistant Professor I Botany Department, AU College of Science and Technology, Visakhapatnam, pending disposal of the above W.P. and to pass such

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IA NO: 2 OF 2023

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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 extend the interim orders granted dt. 07-03-2023 in WP no. 5549/ 2023 in the interest of justice and to pass

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IA 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, the High Court may be pleased Pleased to grant leave to receive the counter affidavit copies on record by allowing the leave petition in WP No. 5549 of 2023 in the above writ petition and pass

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Counsel for the Petitioner:

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1.P V RAMANA

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Counsel for the Respondent(S):

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1.GP FOR HIGHER EDUCATION

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2.GANGA KUMAR CHAKRAVARTULA

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The Court made the following:

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THE HONOURABLE SRI JUSTICE BALAJI MEDAMALLI

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WRIT PETITION NO: 5549/2023

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ORDER:

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The writ petition is filed challenging the proceedings of the 2^nd respondent in Proceedings No.S.II(4)TA(C)/Botany/2022, dated 18.11.2022, whereby the petitioner was discontinued from service as Assistant Professor in the Department of Botany, AU Collector of Science and Technology, Visakhapatnam.

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Heard Sri A.Kishore Kumar, learned counsel representing Sri P.V.Ramana, learned counsel for the petitioner, learned Government Pleader for Higher Education appearing for respondent No.1 and Sri Ganga Kumar Chakravarthula, learned Standing Counsel appearing for respondent Nos.2 to 4.

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Today, when the matter is taken up for hearing, learned counsel appearing for both parties submitted that, pursuant to the interim order dated 07.03.2023 passed by this Court, the petitioner is being continued in service and is presently continuing as Assistant Professor in the Department of Botany. Therefore, nothing survives for adjudication in the present writ petition.

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In view of the above, the proceedings dated 18.11.2022 discontinuing the petitioner shall not be acted upon by the authorities. However, if any further adverse action is initiated against the petitioner, it is open to the petitioner to avail remedies available under law.

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