Andhra Pradesh High Court - Amravati
K Jaya Prasada Raju vs The District Collector B.C.W, on 27 July, 2020
Author: Ninala Jayasurya
Bench: Ninala Jayasurya
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI MONDAY, THE TWENTY SEVENTH DAY OF JULY, TWO THOUSAND AND TWENTY :PRESENT: THE HONOURABLE SRI JUSTICE NINALA JAYASURYA WRIT PETITION NO: 42291 OF 2020 Between: K Jaya Prasada Raju, S/o. K. VenkataPpa (Late), Petitioner AND =_ _ The District Collector (B.C.W), YSR Kadapa District. 2. The Director of B.C. Welfare,, 2. and 3 Floor, Vishal Residency, NTR Road, Tadigadapa Village, Penamaluru Mandal, Vijayawada, Krishna District-521134, AP. 3. The State of Andhra Pradesh, rep., by its Principal Secretary, B.C. Welfare Department, Secretariat Buildings, Velagapudi, Guntur District. 4. The District B.C. Welfare Officer, YSR Kadapa District Respondents 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 a Writ, order or direction more particularly one in the nature of Writ of Mandamus to declare the action of the Respondents in not considering the case of the Petitioner for promotion to the post of HWO Gr-l, by preparing the seniority list of HWO's Gr-ll as per Rule 16(h) of APSSS Rules, 4996 and as per Special Rules issued vide G.O. Ms. No. 36, dt 09.07.1996 and also as per the Law laid down by this Hon'ble Court in WP No. 7969/2019 and 7985/2019, dt08.11.2019 as illegal, arbitrary, discriminatory, violative of 14 and 16 of the Constitution of India and consequently, direct the Respondents to promote the Petitioner to the post of HWO Gr-l, by preparing the seniority list of HWO's Gr-ll, as per Rule 16 (h) of APSSS Rules, 1996 and as per the ratio of the orders in WP. No. 7969/2019 and 7985/2019, at 08.11.2019, reported in 2020 (2) ALT 222 and revise the earlier seniority list as per the undertaking given and accord all service and monetary including notional promotion in the category of HWO Gr-l. 1A NO: 1 OF 2020 : Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in W.P., the High Court may be pleased to direct the Respondents to consider the case of the Petitioner for promotion to the post of HWO Gr-l, in accordance with Rule 16(h) of APSSS Rules, 1996 and as per the ratio of the orders in WP No. 7969/2019 and 7985/2019, dt: 08.11.2019, reported in 2020 (2) ALT 222 and also for revision of seniority of HWO's Gr-ll, by disposing of his representations dt: 29.07.2019, 31.12.2019, 07.07.2020 and 08.07.2020, Pending disposal of WP 12291 of 2020, on the file of the High Court. The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and upon hearing the arguments of Sri Poodattu Amarender Advocate for the Petitioner, and GP for Social Welfare for the Respondents, the Court made the following ORDER:
The grievance of the petitioner in the present writ petition is that the respondents are not considering the case of the petitioner for promotion to the post of H.W.O. (Gr-I) by preparing the seniority list of S.W.Os. (Gr-II) as per Rule 16 (h) of the Andhra Pradesh State and "Subordinate Service Rules, 1996 and as per G.O.Ms.No.36, dated 09-07- 1996 and also in terms of the orders passed by the Honourable Division Bench of this Court in W.P.Nos.7969 to 7985 of 2019, dated 08.11.2019. Learned counsel for the petitioner inter alia by raising several contentions submitted that the petitioner made several representations dated 29.07.2019, 31.12.2019, 07.07.2020 and 08.07.2020 to the respondents seeking implementation of Rule 16 (h) of the Andhra Pradesh State and Subordinate Service Rules, 1996 and also in terns of the ratio laid down in the above said judgment, despite the same, the petitioner's case has not been considered so far.
Learned counsel for the petitioner further submits that the respondents are bound to prepare the seniority list in accordance with the said rule and consider the case of the petitioner for promotion to the post of H.W.O. (Gr-I).
Learned Government Pleader for Services-III on the other hand submits that the seniority list has not yet been prepared in terms of the Judgment of the Division Bench and complying Rule 16 (h) of the Andhra Pradesh State and Subordinate Service Rules, 1996. Learned Government Pleader however submits that since the petitioner has already made representations to the concerned. respondents, the same will be considered in accordance with the rules. In view of the submissions made by both the learned counsel, there shall be an interim direction to the respondents as prayed for. Post on 17-08-2020.
Office is directed to print the name of the Government Pleader for Services-III also.
SD/- V.DIVAKAR ASSIS j L TANT REGISTRAR IfTRUE COPY! AE ew For ASSISTANT REGISTRAR To, = . The District Collector (B.C.W), YSR Kadapa District.
2. The Director of B.C. Welfare,, 2" and 3" Floor, Vishal Residency, NTR Road, Tadigadapa Village, Penamaluru Mandal,Vijayawada, Krishna District-521134, A-P.
3. The Principal Secretary, B.C. Welfare Department, State of A.P., Secretariat Buildings, Velagapudi, Guntur District. The District B.C. Welfare Officer, YSR Kadapa District (Addressee Nos 1 to 4 by RPAD) One CC to Sri. Poodattu Amarender Advocate [OPUC] Two CCs to GP for Social Welfare ,High Court Of Andhra Pradesh. [OUT] Two CCs to GP for Services-lll, High Court Of Andhra Pradesh. [OUT] One spare copy > CONDO skm HIGH COURT NJS,J DATED:27/07/2020 NOTE: POST N 17-08-2020 ORDER WP.No.12291 of 2020 DIRECTION