Andhra Pradesh High Court - Amravati
D.S.N. Murthy, vs Union Of India, on 1 September, 2020
Author: M.Satyanarayana Murthy
Bench: M.Satyanarayana Murthy
(SHOW CAUSE NOTICE BEFORE ADMISSION) IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (SPECIAL ORIGINAL JURISIDICTON) TUESDAY ,THE FIRST DAY OF SEPTEMBER TWO THOUSAND AND TWENTY :PRESENT: THE HONOURABLE SRI JUSTICE M.SATYANARAYANA MURTHY WRIT PETITION NO: 15425 OF 2020 Between: 4. D.S.N. Murthy, S/o. Sri Late Sri D. Pandu Ranga Rao, BH. Surya Bhaskara Rao, S/o. Late Sri B.H. Thammayya Sastry,. J.T. Ganga Ram., S/o. Late Sri J. Akxala Naidu, ° Abdul Azeez,, S/o. Late Md. Ameerjan,. Dhavala Sanyasi Joga Rao,, S/o. Late Sri D. Neelakantam, G. Satya Sadanand, S/o. Sri G. Soma Sundaram. G.V.N.R. Sarma,, S/o. Sri G. Ganapathi Sarma, N_K.S.Sarma,, S/o. Sri Viswanadham,. B. Muralidhar, , S/o. Sri Malleswara Rao,. 10.Y. Nageswara Rao,, S/o. Late Sri Y. Veerraju,. 41.Poorna Chandra Dolai,, S/o. Sri Ratnakar Dolai, 42.P.V. Rama Rao,, S/o. Late Sri PV. Sarma, 43. T. Babu Lal,, S/o. late Sri Tara Singh, 14. Biswajit Tilak Behera,, S/o. Sri K.C.Behera,. 45.M. Satyanarayana,, S/o. Late M.Mahanandi, 16.D. Atchuta Rama Raju, S/o Appala Raju,. ODNOARWN Petitioners AND 4. Union of India,, rep. by its Secretary, Department of Defence Production, Ministry of Defence, Sena Bhawan, New Delhi-110011 2. The Secretary,, Department of Public Enterprises, Govt. of India, Ministry of Heavy Industries and Public Enterprises, Public Enterprises Bhawan, Block No.14, CGO Complex, Lodi Road, New Delhi -110011 3 The Hindustan Shipyard Limited,, rep. by its Chairman and Managing Director, Gandhi Gram, Visakhapatnam - 530005. 4. Director,, (Corporate Planning and Personnel), Hindustan Shipyard Limited, Gandhi Gram, Visakhapatnam - 530005. 5 The General Manager (HR),, Hindustan Shipyard Limited, Gandhi Gram, Visakhapatnam - 530005 Respondents
WHEREAS the Petitioner above named through their Advocate Sri P.B. Vijay Kumar presented this 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 to issue any writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of Respondents in not implementing Pay revision benefits along with arrears and superannuation benefits viz. PF, Gratuity and Leave Encashment with retrospect effect from 01-01-2017 in terms of Presidential Memo dated 03.08.2017 is arbitrary, illegal, discriminatory and violative of Art.14 of the Constitution of India and consequently direct extension of the benefit to all those officers retired from 01.01.2017 to 31st March, 2019 with all consequential and attendant benefits on par with other existing Officers by extending 27 percentage of allowances on -- Basic pay along with fitment of 10 percentage Basic DA and payment of arrears, along with consequential hike in pay and also the resultant Provident Fund, Gratuity and Leave encashment together with interest.
AND WHEREAS the High Court upon perusing the petition and affidavit filed herein and upon hearing the arguments of Sri P. B. Vijay Kumar Advocate for the Petitioner, directed issue of notice to the Respondent Nos.3 to 5 herein to show cause as to why this WRIT PETITION should not be admitted.
You viz:
1. The Chairman and Managing Director, Hindustan Shipyard Limited, Gandhi Gram, Visakhapatnam - 530005.
2. The Director,, (Corporate Planning and Personnel), Hindustan Shipyard Limited, Gandhi Gram, Visakhapatnam - 530005.
3. The General Manager (HR), Hindustan Shipyard Limited, Gandhi Gram, --
Visakhapatnam - 530005 are directed to show cause either appearing in person or through an Advocate, as to why in the circumstances set out in the petition and affidavit filed therewith (copy enclosed) this WRIT PETITION should not be admitted on or before 22.09.2020 on which date the case stands posted for hearing The Court made the following: ORDER -
Issue notice to respondents 3 to 5.
Learned counsel for petitioner is permitted to take out personal notice to respondents 3 to 5 by RPAD and file proof of service into Registry within three (03) weeks.
Print the name of Assistant Solicitor General representing for Respondents 1 and 2.
Post after three (3) weeks.
Sd/- K. TATA RAO ASSISTANT REGISTRAR IITRUE COPYI/ wll / For ASSISTANT: REGISTRAR To
4. The Chairman and Managing Director, Hindustan Shipyard Limited, Gandhi Gram, Visakhapatnam - 530005.
2. The Director,, (Corporate Planning and Personnel), Hindustan Shipyard Limited, Gandhi Gram, Visakhapatnam - 530005.
3. The General Manager (HR), Hindustan Shipyard Limited, Gandhi Gram, Visakhapatnam - 530005 (1 to 3 by RPAD- along with a copy of petition and affidvit) One CC to SRI P. B. Vijay Kumar Advocate [OPUC] _One CC to Sri N. Harinath, Asst Solicitor General, High Court of A.P [OPUC] One spare copy Don Tvr HIGH COURT MSMJ DATED:01/09/2020 NOTICE BEFORE ADMISSION WP.No.15425 of 2020 POST AFTER THREE WEEKS