Andhra Pradesh High Court - Amravati
M.Sakuntala vs The Andhra Pradesh Tribal Welfare ... on 20 August, 2020
Author: G. Shyam Prasad
Bench: G. Shyam Prasad
[ 2686 ] (SHOW CAUSE NOTICE BEFORE ADMISSION) IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (SPECIAL ORIGINAL JURISDICTION) THURSDAY, THE TWENTIETH DAY OF AUGUST, TWO THOUSAND AND TWENTY :PRESENT: THE HONOURABLE SRI JUSTICE G. SHYAM PRASAD WRIT PETITION NO: 14133 OF 2020 Between: 1. M.Sakuntala, D/o M.Gopinalk, aged about 31 years, MPW A.P.T.W.R.School (Girls), Tanaka at Kadirl, Anantapur District. 2. P.Malathi Bal, D/o P.Balyanalk, aged about 31 years, K.Helper, Tanakal at Kadirl, Anantapur District. 3. B.Ramanamma, D/o Sunkanna, aged about 45 years, Aya, Tanakal at Kadirl, Anantapur District. 4. P.Kondappa, S/o P.Ouuthanna, aged about 38 years, Record Asst. Tanakal at Kadirl, Anantapur District. 5. V.Srinlvasuiu, S/o V.Siddanna, aged about 42 years, Senior Asst. Tanakal at Kadiri, Anantapur District. 6. A.Adenna, S/o A.Reddeppa, aged about 44 years, MPW Tanakal at Kadirl, Anantapur District. 7. Bhukya Venkat Ramana Naik, S/o Ramudu Naik, aged about 45 years, Cook, A.P.T.W.R.College of Excellece (Girls), Tanakal at Kadirl, Anantapur District. ...Petitioners . AND 1. The Andhra Pradesh Tribal Welfare Residential Educational Institutions Society (Regd), rep., its Secretary, Vijayawada, Krishna District. 2. The State of Andhra Pradesh, rep., by its Principal Secretary, Tribal Welfare Dept., Secretariat, Velagapudi, Amaravathi, Guntur District. 3. The State of Andhra Pradesh, rep., by its Principal Secretary, General Administration (SUI) Dept., Secretariat, Velagapudi, Amaravathi, Guntur District. 4. The Andhra Pradesh Corporation, of Outsourced Services (APCOS), rep, by its Managing Director, Vijayawada, represented by its Secretary. The Principal, A.P.T.W.R.School (Girls), Tanakal, Anantaapur District. The Principal, A.P.T.W.R.College of Excellence (Girlss), Tanakal, Anantapur District on ...Respondents WHEREAS the Petitioners above named through their Advocate Sri M RAMGOPAL RAO 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 be pleased to issue an appropriate writ, order or direction more particularly one in the nature of WRIT of MANDAMUS declare the impugned the impugned action of the respondents in migrating petitioners contractual services from the Head of the Units of 1°, 5 and 6th respondents as outsourcing unilaterally to the 4th respondent Corporation in terms of the Instruction 3(i) issued vide Circular Memo No.GAD01-SUOMISC/31/2019-SU.| dt.21.07.2020 by the 3° respondent even the petitioners have been working since 9 to 12 years on contract basis and set aside in so far as petitioners are concerned as unjust, unfair, unwarranted, illegal, and violation of Articles 14 and 21 of the Constitution of India and would amount to invidious discrimination by disentitling them for the benefit of regularization on the basis of contract appointment by virtue of the new policy is unjust and consequently declare that the petitioners services have to be regularized in their respective posts by taking their length of their contractual service since 2008/2009/2011 as the case may be with all consequential benefits like, seniority, pay scale etc. AND WHEREAS the High Court upon perusing the petition and affidavit filed herein and upon hearing the arguments of Sri M.Ramgopal Rao, Advocate for the Petitioners and Sri G.Simhadri for Respondent Nos. 1, 5 and 6 and learned GP for Services III for Respondent No.2,, directed issue of notice to the Respondents herein to show cause as to why this WRIT PETITION should not be admitted. You viz: The Managing Director, Andhra Pradesh Corporation, of Outsourced Services (APCOS), Vijayawada, represented by its Secretary. are be and hereby directed to show cause either appearing in person or 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, on or before 10-09-2020, on which date the case stands posted for hearing. The Court made the following: ORDER:
"Mr. G.Simhadri, learned standing counsel takes notice on behalf of the respondents 1, 5 and 6.
Learned Government Pleader for services-III takes notice on behalf of respondent no.2.
Print the name of learned government pleader for Services-I appearing for respondent No.3.
Issue notice to respondent No.4. Learned counsel for petitioners is permitted to take out personal notice to the respondent no. 4 by Regd. Post with acknowledgment due and file proof of service.
AV sq/- A. SURYA PRAKASH RAO DEPUTY REGISTRAR | ITTRUE COPYI/ SECTION OFFICER, rw AVVIVIANT KEGISTKAR For filing counter, post on 10.09.2020." To,
1. The Managing Director, Andhra Pradesh Corporation, of Outsourced Services (APCOS), Vijayawada, represented by its Secretary.(by RPAD) One CC to Sri. M. Ramgopal Rao, Advocate [OPUC] Two CCs to GP for Social Welfare, High Court of Andhra Pradesh. [OUT] One spare copy WN MM HIGH COURT GSPJ DATED:20/08/2020 NOTE: POST ON 10-09-2020 NOTICE BEFORE ADMISSION WP.No.14133 of 2020 "Sears PATCS ase ie