Andhra Pradesh High Court - Amravati
A Rama Mohan Rao vs The State Of Andhra Pradesh And 4 Others on 13 January, 2019
Author: M.Ganga Rao
Bench: M.Ganga Rao
ereerepn tty | 2696 j (SHOW CAUSE NOTICE BEFORE ADMISSION) HIGH COURT OF ANDHRA PRADESH null JUESDAY .THE TWENTY NINTH DAY OF JANUARY TWO THOUSANB.AND NINETEEN 'PRESENT: THE HONOURABLE SRI JUSTICE M.GANGA RA WRIT PETITION NO: 667 OF 2019 i Between: \ A Rama Mohan Rao, S/o A. Subba Rao atitioner AND 1. The State of Andhra Pradesh, rep by its Principal Secretary, Higher Education Department, Secretariat Buildings, Velagapudi, Amaravati, Guntur District. The Commissioner, State Board of Technical Education & Training, ANR Towers,Prasadampadu, Krishna District. All India Council for Technical Education, (A Statutory Body of the Govt. af India) Indira Gandhi Sports Complex, |.P. Estate, New Delhi -- 2. 4. Bapatla Educational Society, Mahatmajipuram, Bapatla ~ 522102, Guntur District, Andhra Pradesh, rep by its Secretary & Correspondent.
Bapatla Engineering College, Mahatmajipuram, Bapatla ~ 522102, Guntur District, Andhra Pradesh, rep by tts Principal BN oe Nn Raecnnnd-atg 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 prgpeerth.
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 AICTE Regulations as 62 years, and 60 years as per amended section 78-A of the A.P.Education Act 1982 and AFRC guidelines, as illegal, irregular, arbitrary, discrimination, un-constitutional, and violative of fundamental rights guaranteed under Articles 14 and 16 of Constitution of India; and Lenka tens i, consequently direct the Respondents 1 to 3 to direct the respondents 4 and 5 to continue the Petitioner In service as Librarian in 5S Respondent Institution till he attain the age of superannuation ie, 62 years of age if AICTE regulations are applied; or upto 60 years as per Section 78-A of the gerne leTFTe AP. Education Act 1982-and AFRC guidelines; Siemnaenmend 4 ® 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 and learned Government Pleader for Higher Education, who takes notice for respondents 1 and 2 and MR. K.Ramakanth Reddy, learned standing counsel, who takes notice for the respondent 3, directed issue of notice to the Respondents 4 and 5, herein to show cause as to why this WRIT PETITION should not be admitted. You viz:
1. The Secretary & Correspondent, Bapatla Educational Society, Mahatmajipuram, Bapatla ~ 522102, Guntur District, Andhra Pradesh.
2. The Principal, Bapatla Engineering College, Mahatmajipuram, Bapatla ~ 522102, Guntur District, Andhra Pradesh.
are directed to show cause 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 NO: 1 OF 2079:
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 direct the Respondents especially 4 & 5 Respondents to continue the petitioner in service as Librarian until the age of 62 years in view of AICTE Regulations and AFRC guidelines, pending disposal of WP No. 667 of 2019, on the file of the High Court.
THE COURT MADE THE FOLLOWING ORDER:
Learned Government Pleader for Higher Education takes notice for respondents 1 and 2.
Mr. K. Ramakanth Reddy, learned standing counsel takes notice for the 3° respondent.
issue notice to the respondents 4 and 5. Personal notice is permitted.
Having regard to the order passed in WPMP.No.34301 of 2076 in W.P.No.27690 of 2016, dated 29-08-2016, and also the order passed in WPMP.No.23702 of 2017 In W.P.No.19451 of 2017, there shall be an interim direction as prayed for.
Spi-M.A. SUBHAN .
ASSISTANT REGISTRAR TRUE COPY// Vee For ASSISTANT REGISTRAR To, '
1. The Secretary & Correspondent, Bapatla Educational Saciety, Mahatmajipuram, Bapatla -- 522102, Guntur District, Andhra Pradesh."
2. The Principal, Bapatla Engineering College, Mahatmajipuram, Bapatia ~ 522102, Guntur District, Andhra Pradesh. (oy RPAD- along with a copy of petition and memorandum of grounds)" oe
3. One CC to SRI. N.BHARAT BABU Advocate [OPUC] -~
4. Two CCsto GP FOR HIGHER EDUCATION (AP) ,High Court Of Andhra Pradesh. [OUT] ~~ be OMETC to SRI. K RAMAKANTH REDDY (S.C.) [OPUCG §. ONE SPARE COPY 1 HIGH COURT MIGRJ DATED:29/01/2019 <"
NOTICE BEFORE ADMISSION ~~ WP.No.667 of 2019"
INTERIM DIRECTION