Sheik Nazeer vs State Of Andhra Pradesh
2021 Latest Caselaw 3194 AP

     IN THE HIGH COURT OF ANDHRA PRADESH:: AMARAVATI

 HON'BLE MR. JUSTICE ARUP KUMAR GOSWAMI, CHIEF JUSTICE
                           &
         HON'BLE MR. JUSTICE NINALA JAYASURYA

                              I.A.No.2 of 2021
                                 IN/AND
                      WRIT APPEAL No. 529 of 2021
                  (Taken up through video conferencing)

Sheik Nazeer, S/o late Meera Hussain,
aged 42 years, Asst. Section Officer,
O/o Municipal Administration and
Urban Development Department, A.P. Secretariat,
Velagapudi, Guntur District and others                  .... Appellants

Versus

State of Andhra Pradesh, rep. by its
Chief Secretary, General Administration
Department, A.P.Secretariat, Velagapudi,
Amaravati, Guntur District and others                   .... Respondents

Counsel for the appellants : Mr. P.V. Krishnaiah

Counsel for respondent Nos.1 and 2 : Mr. N. Aswartha Narayana, Government Pleader for Services-I

Counsel for respondent Nos.3 to 12 : Mr. A. Satya Prasad

ORAL JUDGMENT Dt.26.08.2021

(Per Arup Kumar Goswami, CJ)

Heard Mr. P.V. Krishnaiah, learned counsel for the appellants. Also

Heard Mr. A. Satya Prasad, learned senior counsel appearing for respondent

Nos.3 to 12/writ petitioners and Mr. N. Aswartha Narayana, learned

Government Pleader for Services-I appearing for respondent Nos.1 and 2.

HCJ & NJS,J I.A.No.2 of 2021 and W.A.No.529 of 2021

2. I.A.No.2 of 2021 is an application seeking leave to appeal against the

order dated 09.04.2021 passed by the learned single Judge in W.P.No.7812

of 2021 whereby the learned single Judge, while posting the matter after

summer vacation, had directed the parties therein to maintain status-quo as

on that day.

3. Mr. P.V. Krishnaiah, learned counsel for the appellants, submits that

the appellants herein are necessary parties to the writ petition, but without

making them parties to the writ petition, the writ petitioner had obtained the

order of status-quo and that apart, there is no reason assigned as to why the

order of status-quo was passed.

4. Mr. A. Satya Prasad, learned senior counsel appearing for respondent

Nos.3 to 12/writ petitioners, submits that it is not correct as submitted by

Mr. P.V. Krishnaiah, learned counsel for the appellants, that the appellants

are seniors to the writ petitioners.

5. As the writ petition is pending for consideration before the learned

single Judge, we are not inclined to grant leave to appeal. However, it

appears to us that the appellants are necessary parties since there is dispute,

amongst others, relating to seniority and, therefore, they stand impleaded in

the writ petition as respondent Nos.4 to 19.

6. The Registry will make necessary corrections in the cause title of the

writ petition.

HCJ & NJS,J I.A.No.2 of 2021 and W.A.No.529 of 2021

7. We further permit the appellants herein to file an application for

vacating the interim order, if so advised, and in the event of filing any such

application, the learned single Judge will consider the same as expeditiously

as possible.

8. Mr. A. Satya Prasad, learned senior counsel, submits that, on his part,

he will facilitate hearing of the application, if any, filed for vacating the

interim order.

9. It is submitted by Mr. N. Aswartha Narayana, learned Government

Pleader for Services-I appearing for respondent Nos.1 and 2, that he will file

counter-affidavit tomorrow in the writ petition.

10. If the application for vacating the interim order is filed tomorrow, the

same shall be listed on 31.08.2021, as it is submitted by Mr. P.V.

Krishnaiah, learned counsel for the appellants, that the panel for promotion

is going to expire on that day.

11. Accordingly, I.A.No.2 of 2021 and the Writ Appeal are disposed of.

No order as to costs. Pending miscellaneous applications, if any, shall stand

closed.

ARUP KUMAR GOSWAMI, CJ NINALA JAYASURYA, J CBS

HCJ & NJS,J I.A.No.2 of 2021 and W.A.No.529 of 2021

IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI

HON'BLE MR. JUSTICE ARUP KUMAR GOSWAMI, CHIEF JUSTICE & HON'BLE MR. JUSTICE NINALA JAYASURYA

I.A.No.2 of 2021 IN/AND WRIT APPEAL No. 529 of 2021

26th day of August, 2021 CBS

HCJ & NJS,J I.A.No.2 of 2021 and W.A.No.529 of 2021