Andhra Pradesh High Court - Amravati
G.Sudhakara Raju vs The State Of Andhra Pradesh on 31 January, 2022
Author: K Suresh Reddy
Bench: K Suresh Reddy
aad (SHOW CAUSE NOTICE BEFORE ADMISSION) : Bo IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI:. 2350 05 MONDAY ,THE THIRTY FIRST DAY OF JANUARY ns TWO THOUSAND AND TWENTY TWO :-PRESENT: THE HONOURABLE SRI JUSTICE K SURESH REDDY WRIT PETITION (AT) NO: 21 OF 2022 Between: 7 1. G.Sudhakara Raju, S/o Venkata Raju, Deputy Director of Agriculture O/o Commissioner and Director of Agriculuture, Old Mirchi Yard, Guntur District 2. G.Venkateswara Rao, S/o Veeraiah Deputy Director of Agriculture O/o. Commissioner and Director of Agricultural Old Mirchi Yard, Guntur District 3. Z.Venkateswara Rao, S/o Nageswara Rao Deputy Director of Agriculture O/o Commissioner and Director of Agriculture Old Mirchi Yard Guntur District 4. B.Aswani Kumar, Deputy Project Director of Agriculture Agriculture Technology Management Agency (ATMA) O/o Director ATMA Gurtur District Petitioners AND 1. The State of Andhra Pradesh, Rep by Special Chief Sec etary Agricultural and Co-operation Department Secretariat Buildings Velagapudi, Guntur District 2. The Special Commissioner, O/o Commissioner and Director of Agriculture Old Mirchi Yard, Guntur District 3. B.Prasad, father's name and age not known to the applicants Project Director ,Krishna District Agriculture Technology Management Agénicy (ATMA) O/o Project Director ATMA Vijayawada Krishna District 4. G.Lakshman Kumar, father's name and age not known to the applicants Deputy project Director, Agricultural Technology Management Agency (ATMA) O/o Director ATMA Guntur District oS 5. G.Ravindra Babu, father's name and age net known to the applicants Deputy Director of Agriculture O/o Commissioner and Director of Agriculture Old Mirchi Yard Guntur District " Respondents
WHEREAS the Petitioner above named through their Advocate Sri K Ravi presented this petition under Article 226 of Constitution of India praying that in the circumstances stated in the affidavit filed herein, the High Court may be pleased to declare the action of the official Respondents in issuing Memo No.11237/agri.I(2)/2015 dated 23-12-2016 according permission to the Director of Agriculture to review/revise the panels for the panel years 2003-2004, 2004.2005 and 2005-2006 prepared in the category of Assistant Director of Agriculture Memo No.A1(2)/668/2015 dated -2-2017 in according notional promotion in the category of Assistant Director of Agriculture to unofficial Respondent Nos.4 and 5 and also issuing G.O.Ms.No.91, Agriculture and Co- operation (Agrl.1) Department dated 12-12-2017 by reviewing the panels for the years 2010-2011 and 2011-2012 prepared in the category of Deputy Director of Agriculture and altering the roaster points after a lapse of more than 12 years in the category of Assistant Director of Agriculture and altering the roaster points after a lapse of more than 7 years in the category of Deputy Director of Agriculture and Deputy Director of Agriculture and effecting promotions without finalizing the seniority in the above cadres and placing the unofficial respondent Nos.4 and 5 over and above the applicant in cadre of Assistant Director and Deputy Director is wholly illegal, arbitrary and violative of Articles 14 and 16 of the Constitution of India and consequently declare that the applicants are entitled for fixation of their seniority basing on their selection and initial appointment and date of joining in the promotion post and further declare that the official respondent are not entitled to review/revise the paneis and altering the roaster points which were fixed long back AND WHEREAS the High Court upon perusing the petition and affidavit filed herein and upon hearing. the arguments of Sri K. Ravi Advocate for the Petitioner and of Sri M. Kesava Rao, Advocate for Respondent No.4, directed issue of notice to the Respondents herein to show cause as to why this WRIT PETITION (AT) should not be admitted. :
You viz:
a FF Oo N wa The Special Chief Secretary Agricultural and Co-operation Department, State of Andhra Pradesh, Secretariat Buildings Velagapudi, Guntur District The Special Commissioner, O/o Commissioner and Director of Agriculture Old Mirchi Yard, Guntur District B.Prasad, Project Director ,Krishna District Agriculture Technology Management Agency (ATMA) O/o Project Director ATMA Vijayawada Krishna District G.Lakshman Kumar, Deputy project Director, Agricultural Technology Management Agency (ATMA) O/o Director ATMA Guntur District G.Ravindra Babu, Deputy Director of Agriculture O/o Commissioner and Director of Agriculture Old Mirchi Yard Guntur District are directed to show cause either appearing in person or through an Advocate, as to why in the circumstances set out in the petition and affidavit filed therewith (copy enclosed) this WRIT PETITION (AT) should not be admitted on or before 14.02.2021 on which date the case stands posted for hearing The Court made the following: ORDER (Proceedings taken up through Video Conference) Notice before admission.
Learned counsel for the petitioner is permitted to take out personal notice by Registered Post with Acknowledgment Due on respondents 3 and 5. Sri M. Kesava Rao, learned counsel states that he has instructions to appear on behalf of the 4" respondent.
Post on 14.02.2022.
Learned counsel for the petitioner is directed to file proof of service into the Registry before that date.
To I OD TVR Sd/- SK.MD, RAF] ASSISTANT REGISTRAR For ASSISTANT REGISTRAR I(TRUE COPY// The Special Chief Secretary Agricultural and Co-operation Department, State of Andhra Pradesh, Secretariat Buildings Velagapudi, Guntur District The Special Commissioner, O/o Commissioner and Director of Agriculture Old Mirchi Yard, Guntur District B.Prasad, Project Director ,Krishna District Agriculture Technology Management Agency (ATMA) O/o Project Director ATMA Vijayawada Krishna District G.Lakshman Kumar, Deputy project Director, Agricultural Technology Management Agency (ATMA) O/o Director ATMA Guntur District G.Ravindra Babu, Deputy Director of Agriculture O/o Commissioner and Director of Agriculture Old Mirchi Yard Guntur District (1 to 5 by RPAD along with a cop of petition and affidavit) One CC to Sri K RAVI, Advocate [OPUC] Two CCs to GP for Services II ,High Court of Andhra Pradesh. [OUT] One spare copy / HIGH COURT KSRJ DATED:31/01/2022 NOTICE BEFORE ADMISSION WP(AT).No.21 of 2022 POST ON 14.02.2022 es