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Andhra Pradesh High Court - Amravati

R Gopi vs The State Of Andhra Pradesh, on 26 March, 2021

[ 2693 ]
(SHOW CAUSE NOTICE BEFORE ADMISSION)
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
(SPECIAL ORIGINAL JURISDICTION) Pea te
FRIDAY, THE TWENTY SIXTH DAY OF MARCH, *
TWO THOUSAND AND TWENTY ONE
'PRESENT:

    
  
   

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THE HONOURABLE SMT JUSTICE KONGARA VIJAYA LAKSHMF
. WRIT PETITION NO: 7069 OF 2021 . \ '
Between:
R.Gopi, S/o. Late R.Sambasiva Rao, Aged about 45 years, Worked as Assistant * "i;
Supervisor & Incharge Manager (Procurement and Inputs), Prakasam Milk Producer
Company Limited, Ongole Dairy at Ongole, Prakasam District
.. Petitioner
AND

1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Animal Hasbandrv
Dairy Development and Fisheries Department, A.P Secretariat at Velagapudi, ,
Amaravathi, Guntur District

2. The Andhra Pradesh Dairy Development Cooperative Federation Limited, Rep.

by its Managing Director at Mangalagiri, Guntur District

The Director, Animal Husbandry Department, Vijayawada

The Prakasam Milk Producer Company Limited, Rep. by its Chief Executive

Officer, Ongole Dairy, Ongole, Prakasam District

5. The Gujarat Cooperative Milk Marketing Federation Limited (GCMMF),
Represented by its Managing Director, Amul Dairy Road, Arland, Gujarat - 388
001

ew

...Respondents

WHEREAS the Petitioner above named through his Advocate M/s SODUM
ANVESHA 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 mostly one which is in the nature
of a Writ of mandamus declaring the Proceedings Rc.No.301/PMPCL/2021, dt.9.3.2021
of the 4' Respondent as illegal, irregular, arbitrary, violative of principles of natural
justice, unjustified, unconstitutional and unsustainable and set-aside the same holding
that in the absence of exercise of any option by the Petitioner for Voluntary Retirement
Scheme - 2020, he should be continued in service.

AND WHEREAS the High Court upon perusing the petition and affidavit filed
herein and upon hearing the arguments of M/s Sodum Anvesha, Advocate for the
Petitioner and GP for Animal Husbandry for the Respondent Nos.1 & 3 and Sri Appa
Rao, Standing Counsel for the 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:

1. The Principal Secretary, Animal Hasbandry Dairy Development and Fisheries
Department, A.P Secretariat at Velagapudi, Amaravathi, Guntur District, State of
Andhra Pradesh.

2. The Managing Director, Andhra Pradesh Dairy Development Cooperative

Federation Limited, Mangalagiri, Guntur District

The Director, Animal Husbandry Department, Vijayawada

The Chief Executive Officer, Prakasam Milk Producer Company Limited, Ongole

Dairy, Ongole, Prakasam District

5. The Managing Director, Gujarat Cooperative Milk Marketing Federation Limited
(GCMMEF), Amul Dairy Road, Arland, Gujarat - 388 001

oO
 

~

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.

The Court made the following:
ORDER:

"Notice before admission. Learned Govt. Pleader for Animal Husbandry takes notice for R1 and R3. Learned Standing Counsel takes notice for R2 and seeks time to file counter affidavit.

Learned counsel for the petitioner is permitted to take out personal notice to the respondents 4 and 5 by RPAD and file proof of service. List the matter after three (3) weeks." (3) Sd/-Ch.V.Subramanyva Sarm:z ASSISTANT REGISTRAR IMTRUE COPY SECTION OFFICER Fot To,

1. The Principal Secretary, Animal Hasbandry Dairy Development and Fisheries Department, A.P Secretariat at Velagapudi, Amaravathi, Guntur District, State of Andhra Pradesh.

2. The Managing Director, Andhra Pradesh Dairy Development Cooperative Federation Limited, Mangalagiri, Guntur District

3. The Director, Animal Husbandry Department, Vijayawada

4. The Chief Executive Officer, Prakasam Milk Producer Company Limited, Ongole Dairy, Ongole, Prakasam District

5. The Managing Director, Gujarat Cooperative Milk Marketing Federation Limited (GCMMF), Amul Dairy Road, Arland, Gujarat - 388 001 (Addresses 4 to 5 by RPAD- along with a copy of petition and affidavit) One CC to M/s. Sodum Anvesha, Advocate [OPUC] Two CCs to GP for Animal Husbandary, High Court of Andhra Pradesh. [OUT] One CC to Sri Appa Rao, Standing Counsel [OPUC] One spare copy © CON MM rliGH COURT KVLJ DATED:26/03/2021 NOTE: LIST THE MATTER AFTER THREE WEEKS NOTICE BEFORE ADMISSION WP.No.7069 of 2021 ZG ANDES oF AN fs a SCVAL YW AR pr* G A

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