Andhra Pradesh High Court - Amravati
Iiinda Venkata Gopinath vs The State Of Andhra Pradesh on 15 December, 2021
"oe
,
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
(SPECIAL ORIGINAL JURISDICTION)
WEDNESDAY ,THE FIFTEENTH DAY OF DECEMBER
TWO THOUSAND AND TWENTY ONE
:PRESENT:
THE HONOURABLE SRI JUSTICE NINALA JAYASURYA
WRIT PETITION NO: 29394 OF 2021
Between:
Illinda Venkata Gopinath S/o. |. Gopalacharyulu,
aged 51 years, Occ: Secondary Grade Teacher GVMC UP School,
Butchirajupalem Visakhapatnam, Visakhapatnam District, Andhra Pradesh
AND
Petitioner
1. The State of Andhra Pradesh, rep. by its Special Chief Secretary, Municipal
Administration and Urban Development Department A.P.Secretariat, Velagapudi,
Amaravati, Guntur District.
2. The Commissioner, and Director of Municipal Administration Andhra Pradesh,
Mangalagiri, Guntur District.
3. The Regional Director-cum-Appellate Commissioner of Municipal Administration,
Visakhapatnam, Visakhapatnam District, Andhra Pradesh
4. The Greater Visakhapatnam Municipal Corporation, Visakhapatnam, Andhra
Pradesh Rep.by its Commissioner
Respondents
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, more particularly one in the nature of Writ
of Mandamus, declaring the action of the Respondents in not considering the case of
petitioner for promotion to the post of LFL Headmaster under the category meant for
non local (30 percent direct recruitee) as per G.O.Ms.No.610, Dt. 30-12-1985 is illegal,
arbitrary and unjust and consequently direct the 4th respondent to consider the case of
petitioner for promotion to the post of LFL Headmaster in the ensuing promotion
counseling which is to be held on 15-12-2021 as per his seniority and eligibility and
grant such other relief or reliefs as this Hon'ble Court deems fit and proper in the
circumstances of the case.
IA NO: 1 OF 2021
Petition under Section 151 CPC praying that in the circumstances stated
in the affidavit filed in support of the writ petition, the High Court may be pleased to
direct the respondents to consider petitioner's case for promotion in the category of LFL
Headmaster in the ensuing counseling which is to be held on 15-12-2021 as per his
seniority and eligibility, pending disposal of WP 29394 of 2021, on the file of the High
Court.
The petition coming on for hearing, upon perusing the Petition and the affidavit
filed in support thereof and upon hearing the arguments of Smt. Kavitha Gottipati
Advocate for the Petitioner and of GP for Services IV for the Respondent Nos.1-to 3 and
of Sri S. Lakshminarayana Reddy, Standing Counsel for Respondent No.4, the Court
made the following.
ORDER:
Heard learned counsel for the petitioner, learned Special Government
Pleader representing respondent Nos.1 to 3 and Mr. S.Lakshminarayana Reddy,
learned counsel for respondent No.4.
Considering the submissions made by the learned counsel for the petitioner .
as also learned counsel for the respective respondents, this Court is of the
opinion that in view of the judgment of the Hon'ble Division Bench in W.P.No.
13273 of 2012 and batch dated 21.11.2012 and in the light of the G.O.Ms.No.610
dated 30.12.1985, the petitioner's prayer for grant of interim order merits
consideration. Accordingly, there shall be an interim direction to consider the
case of the petitioner in terms of the said G.O.
List this matter after four (4) weeks.
SD/- E.KAMESHWAR RAO
TRUE COPY// DEPUTY REGISTRAR
secrion Seticen
1. The Special Chief Secretary, Municipal Administration and Urban Development
Department, State of Andhra Pradesh, A.P.Secretariat, Velagapudi, Amaravati,
Guntur District.
The Commissioner and Director of Municipal Administration Andhra Pradesh,
Mangalagiri, Guntur District.
The Regional Director-cum-Appeliate Commissioner of Municipal Administration,
Visakhapatnam Visakhapatnam District, Andhra Pradesh
The Commissioner, Greater Visakhapatnam Municipal Corporation,
Visakhapatnam, Andhra Pradesh (1 to 4 by RPAD)
One CC to Smt Kavitha Gottipati, Advocate [OPUC]
Two CCs to GP for Services IV ,High Court of Andhra Pradesh. [OUT]
One spare copy
To
NOo AR wWoON
TVR
HIGH COURT
NJSJ
DATED:15/12/2021
ORDER
WP.No.29394 of 2021
LIST THIS MATTER AFTER FOUR (4) WEEKS
15 Bef 997)
