Andhra Pradesh High Court - Amravati
Asadi Srinivas vs The State Of Andhra Pradesh on 28 January, 2021
Author: M.Satyanarayana Murthy
Bench: M.Satyanarayana Murthy
(SHOW CAUSE NOTICE BEFORE ADMISSION) IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI ; (SPECIAL ORIGINAL JURISDICTION) THURSDAY, THE TWENTY EIGHTH DAY OF JANUARY TWO THOUSAND AND TWENTY ONE :PRESENT: THE HONOURABLE SRI JUSTICE M.SATYANARAYANA MURTHY WRIT PETITION NO: 1372 OF 2021 Between: Asadi Srinivas, S/o Koti Reddy, aged about 57 years, working as Helper, Baptla Engineering College, Guntur, R/o D.No.2-71, Bethapudi Village 522101, Bapatla Mandal, Guntur district, AP. ...Petitioner AND. 4. The State of Andhra Pradesh, Rep by its Principal Secretary, Education Department, Secretariat buildings, Velagapudi, Guntur District, A.P. 2. The Commissioner, State Board of Technical Education & Training, ANR Towers, Prasadampadu, Krishna District. 3. Bapatla Educational Society, Mahatmajipuram, Bapatla-522102, Guntur District, Andhra Pradesh, Rep by its President. 4, Bapatla Engineering College, Mahatmajipuram, Bapatla-522102, Guntur District, Andhra Pradesh, Rep by its Principal. ...Respondents WHEREAS the Petitioner above named through his Advocate Sri N Bharat Babu 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 an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus, i. declaring the action of the respondents in contemplating to retire the petitioner on attaining 58 years of age, though the age of superannuation fixed under Section 78A of AP Education Act 1982 and regulations issued by the Andhra Pradesh Higher Education Regulatory and Monitoring Commission (APHERMC), is 60 years for non-teaching staff, as illegal, irregular, arbitrary, discrimination, un-constitutional, and violative of fundamental rights guaranteed under Articles 14 and 16 of Constitution of India; and ii. consequently declare that the intimation letter Ref No.BEC/PF/566 dated 31.12.2020 issued by the respondent No.4 on the instructions of the 3rd respondent intimating that the petitioner would be retired from service on 31.1.2021 on completion of 58 years of age, as illegal iii. consequently direct the Respondents to continue the Petitioner in service as Helper in 4" Respondent Institution till he attain the age of 60 years as per the above mentioned regulations; iv. and pass such other order or orders as it deem fit, proper and necessary in the circumstances of the case and in the interest of justice. AND WHEREAS the High Court upon perusing the petition and affidavit filed herein and upon hearing the arguments of Sri N Bharat Babu, Advocate for the Petitioner GP for Education for Respondent Nos.1 & 2, directed issue of notice to the Respondent Nos.3 & 4 herein to show cause as to why this WRIT PETITION should not be admitted. You viz: 4. The President, Bapatia Educational Society, Mahatmajipuram, Bapatla-522102, Guntur District, Andhra Pradesh. | 2. The Principal, Bapatla Engineering College, Mahatmajipuram, Bapatla-522102, Guntur District, Andhra Pradesh. are be and hereby directed to show cause either appearing in person OF through an Advocate, as to why in the circumstances set out in the petition and the affidavit filed therewith (copy enclosed) this WRIT PETITION should not be admitted. a ye oe The Court made the following: ORDER:
"Office is directed to issue notice to respondents 3 and 4. Learned counsel for the petitioner is also permitted to take out personal notice to the respondents 3 and 4 by RPAD and file proof of service into Registry within four (04) weeks.
Post the matter after four (04) weeks. Till then the petitioner is to be continued in service." Sd/- E.KKAMESWARA RAO ASSISTANT R&GISTR [TRUE COPY// For ASSISTANT STRAR To,
1. The President, Bapatla Educational Society, Mahatmajipuram, Bapatla-522102, Guntur District, Andhra Pradesh.
2. The Principal, Bapatla Engineering College, Mahatmajipuram, Bapatla-522102, Guntur District, Andhra Pradesh.(1 to 2 by RPAD- along with a copy of petition and memorandum of grounds)
3. One CC to Sri. N Bharat Babu, Advocate [OPUC]
4. Two CCs to GP for Education, High Court of Andhra Pradesh. [OUT]
5. One spare copy.
B HIGH COURT MSM,J DATED:28/01/2021 ORDER POST THE MATTER AFTER FOUR (04) WEEKS NOTICE BEFORE ADMISSION WP.No.1372 of 2021