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Andhra Pradesh High Court - Amravati

B.Tataiah, vs The State Of Andhra Pradesh, on 10 September, 2020

Author: M.Venkata Ramana

Bench: M.Venkata Ramana

IN THE HIGH COURT OF ANDHRA PRADESH AT AMAERAVATI
(SPECIAL ORIGINAL JURISIDICTON)
THURSDAY , THE TENTH DAY OF SEPTEMBER
TWO THOUSAND AND TWENTY
:PRESENT:
THE HONOURABLE SRI JUSTICE M.VENKATA RAMANA

|.A No. 1 OF 2020
IN
WP NO: 16177 OF 2020
Between:
4. B.Tataiah, S/o.Seetaramaiah,.
2. P.Srinivasa Rao, S/o P ,Nageswara Rao(late),
3. G.Vijaya Lazrus, S/o. G.V.Bhaskara Rao(late),

 

...Petitioners
(Petitioner in WP 16177 of 2020
on the file of High Court)

4. The State of Andhra Pradesh,, rep.by its Principal Secretary to the Government,
Panchayat Raj & Rural Development Department, Secretariat, Velagapudi,
Amaravathi, Guntur.

2. the Engineer-in-Chief,, Panchayat Raj Department, Government of Andhra
Pradesh, Z.P.Compund, Opp.PWD Grounds, Bandar Road, Vijayawada, Krishna

istrict.

3. The Engineer-in-Chief,, Rural Water Supply and Sanitation, Government of
Andhra Pradesh, Gollapudi, Vijayawada, Krishna District.

4. The State of Andhra Pradesh,, rep.by its Principal Secretary, General
Administration (Services) Department, Secretariat, Velagapudi, Amaravathi,
Guntur District. ok

5. Andhra Pradesh Public Service Commission, APPSC Office, New Government
Offices Building, M.G. Road(Bandhar Road), Vijayawada, Krishna Dist, rep.by its
Secretary."

...Respondents
- (Respondents in-do-)
Counsel for the Petitioner :SRI P. DURGA PRASAD
Counsel for the Respondent Nos.1 to 3 -GP FOR SERVICES - Ill
Counsel for the Respondent No.4 : GP FOR SERVICES -Il
Cott for the Respondent No.5: SRI A. RAMACHANDRA MURTHY, STANDING
SEL

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 to stay of all
further proceedings pursuant to the State-wide Integrated seniority list of DEEs vide
Proceedings in Memo.No.G.Section/9622/2013 dated 30-06-2020 and 27-8-2020
issued by the an respondent till finalization of protection of petitioner's seniority as per
PSC merit list in Zone-IlV as assured in G.O.Ms.No.397, PR&RD (Est-Ill) Dept dt.23-10-
2008, pending disposal of WP No. 16177 of 2020, on the file of the High Court.

The court while directing issue of notice to the Respondents herein to show
cause .as to'why this application should not be complied with, made the following
order.(The receipt of this order will be deemed to be the receipt of notice in the case).

ORDER:

gy Heard Sri P.Durga Prasad, learned counsel for the petitioners. The main complaint of the petitioners is that despite protection offered to their seniority while transferring from one zone to another as per G.O.Ms.No.397, PR & RD (Est-III) Dept., dated 93.10.2008 and though certain directions were issued in W.P.No.40432 of 2018 by the order dated 29.04.2019, seniority list was prepared at different levels to the detriment of the petitioners, whereby their juniors were given better status in seniority than themselves. Pursuant to the seniority list drawn, it is also the contention of the petitioners that G.O.Ms.No.660 dated 31.08.2020 was issued enlisting certain individuals for promotion as Executive Engineers.

Learned Government Pleader for Services - II has taken notice for respondents 1 to 3. Learned Government Pleader for Services -- I has taken notice for respondent No.4. Sri Sree Ramachandra Murthy, learned Standing Counsel is appearing for respondent No.5. Time is requested for instructions on behalf of respondents 1 to 3.

Having regard to nature of the case, while granting time for respondents to file their replies or counters till 23.09.2020, it is directed that there shall not be any further action pursuant to G.O.Ms.No.660 dated 31.08.2020 including issue of promotions thereby, till then.

Sd/- K. JAGAN MOHAN DEPUTY REGISTRAR ai f .

SECTION OFPICER /TTRUE COPY// To

1. The Principal Secretary, Panchayat Raj & Rural Development Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravathi, Guntur.

2. The Engineer-in-Chief,, Panchayat Raj Department, Government of Andhra Pradesh, Z.P.Compund, Opp.PWD Grounds, Bandar Road, Vijayawada, Krishna District.

3. The Engineer-in-Chief, Rural Water Supply and Sanitation, Government of Andhra Pradesh, Gollapudi, Vijayawada, Krishna District.

4. The Principal Secretary, General Administration (Services) Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravathi, Guntur District.

5. The Secretary, Andhra Pradesh Public Service Commission, APPSC Office, New Government Offices Building, M.G. Road(Bandhar Road), Vijayawada, Krishna District (1 to 5 by RPAD)

6. One CC to Sri P. Durga Prasad, Advocate [OPUC]

7. Two CCs to GP for Services - Ill, High Court of Andhra Pradesh. [OUT]

8. Two CCs to GP for Services - |, High Court of Andhra Pradesh. [OUT]

9. One spare copy TVR HIGH COURT MVRJ DATED:1 0/09/2020 ORDER WP.No.16177 of 2020 DIRECTION