V. Rama Krishna Reddy vs Mayapalli Venkata Achuta ...
2021 Latest Caselaw 3199 AP

     IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI

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

                        WRIT APPEAL No. 525 of 2021
                      (Taken up through video conferencing)

V. Rama Krishna Reddy, S/o.Venkateswara Reddy,
aged about 59 years, Occ: Extension Officer (PR & RD),
Veerullapadu Village & Mandal,
Krishna District and another.                                   .... Appellants

Versus

Mayapalli Venkata Achuta Srinivasa Rao,
S/o. Chinna Venkata Ratnam,
aged 47 years, Extension Officer (PR & RD),
Srungavarapukota (M),
Vizianagaram District and others.                               .... Respondents

Counsel for the appellants : Mr. V. S. R. Anjaneyulu, Senior Counsel

Counsel for respondent Nos.1 to 3 : Mr. J. Sudheer

Counsel for respondent Nos.4 to 6 : Mr. Rajesh Maddy, Government Pleader for Services-IV

ORAL JUDGMENT Dt.26.08.2021 (Per Arup Kumar Goswami, CJ)

Heard Mr. V. S. R. Anjaneyulu, learned senior counsel appearing for the

appellants.

2. Also heard Mr. J. Sudheer, learned counsel for respondent Nos.1 to 3/writ

petitioners and Mr. Rajesh Maddy, learned Government Pleader for Services-IV

appearing for respondent Nos.4 to 6.

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                                                                           W.A.No.525 of 2021

3. This writ appeal is presented against an interim order dated 22.01.2021

passed in W.P.No.19122 of 2020 and order dated 04.08.2021, by which the earlier

interim order was extended.

4. The present appellants were initially not arrayed as party respondents in the

writ petition. However, subsequently they were impleaded on 14.07.2021 as

respondent Nos.4 and 5, on an application being filed by them. An application for

vacating the interim order was also filed.

5. The grievance expressed by the learned senior counsel for the appellant is

that the said application has not been taken up for consideration, as a result of

which, grave prejudice is caused to the appellants, inasmuch as the appellant No.1

is going to retire in the end of this month. It is further contended by him that the

order of status quo passed by the learned single Judge is not warranted in the facts

and circumstances of the case inasmuch as, according to him, it is an undisputed

position that they are much senior to the writ petitioners and there are number of

posts available to accommodate the writ petitioners. In the aforesaid backdrop,

learned senior counsel for the appellants submits that interim order passed by the

learned single Judge may be vacated.

6. Mr. J. Sudheer, learned counsel appearing for respondent Nos.1 to 3/writ

petitioners, on the other hand, submits that though an application for vacating the

interim order was filed, the case was taken up for final disposal and, in fact, he had

concluded his arguments on 17.08.2021 and the matter is listed today as Item

No.80 for further consideration. It is submitted that since the matter is being taken

up for final disposal, at this juncture, no vacation of the interim order is called for.

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                                                                     W.A.No.525 of 2021

7. Learned Government Pleader had expressed some difficulty in arguing the

matter today before the learned single Judge, but when pressed by this Court, he

submits that he will make submissions before the learned single Judge today.

8. Considering the matter in its entirety, we are of the opinion that ends of

justice would be met if the learned single Judge is requested to dispose of the

application for vacating the interim order, in case the final hearing cannot be

concluded, as the appellant No.1 is retiring on 31.08.2021.

9. Observing as aforesaid, the writ appeal is disposed of. No order as to costs.

Pending miscellaneous applications, if any, shall stand closed.

ARUP KUMAR GOSWAMI, CJ                                NINALA JAYASURYA, J
                                                                                   BLV
                                 4                   HCJ & NJS,J
                                             W.A.No.525 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

WRIT APPEAL No.525 of 2021

26th day of August, 2021 5 HCJ & NJS,J W.A.No.525 of 2021

BLV