Andhra Pradesh High Court - Amravati
A.D.P. Rajkumar vs The State Of Andhra Pradesh on 4 February, 2021
Bench: M.Satyanarayana Murthy
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(SHOW CAUSE NOTICE BEFORE ADMISSION)
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVAT .
(SPECIAL ORIGINAL JURISDICTION) --
THURSDAY, THE FOURTH DAY OF FEBRUARY, ws
TWO THOUSAND AND TWENTY ONE
:PRESENT: a
THE HONOURABLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION NO: 1922 OF 2021 .
Between:
A.D.P. Rajkumar, S/o A.V. Raghavulu,
Petitioner
AND oo
1. The State of Andhra Pradesh, Special Chief Secretary to Government, Revenue
(CT) Department, Andhra Pradesh Secretariat, Velagapudi, Amaravathi, Guntur
District, Andhra Pradesh.
2. The Chief Commissioner (ST), Andhra Pradesh, Edupugallu, Kankipadu(M)
Vijayawada, Andhra Pradesh
3. Sri Y. Sambasiva Rao, Occ. Superintendent Grade - | (Gazetted) Office of the
Chief Commissioner (ST), Andhra Pradesh, Vijayawada
4. Sri K. Venkata Ratnam, Occ. Superintendent Grade | (Gazetted) Office of the
Chief Commissioner (ST), Andhra Pradesh, Vijayawada
Respondents
WHEREAS the Petitioner above named through his Advocate Sri Goda
Siva 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 may be pleased
to issue a direction, order or writ of Mandamus
a. Declaring the action of the 2nd Respondent in issuing CCSTs Ref. No. C2/02/2018,
dated 5.5.2020 and 5.5.2020 as arbitrary, contrary to the judgment in Writ Petition No.
6640 of 2014 and batch, dated 2:12.2016 on the file of the Honble High Court of
Judicature at Hyderabad for the State of Telangana and State of Andhra Pradesh and
C.A. No. 3300 of 2018 dated 2.5.2019, illegal, unjust, without jurisdiction and thereby
violative of Articles 14 and 16 of the Constitution of India
b. Consequently, direct the Respondents to restore the seniority position of the
Petitioner as prevailing prior to the issuance of the orders impugned herein and
reckoning the seniority of the Respondents 3 and 4 herein only from date of issuance of
G.O. Ms. No. 72 Rev. (CT.III) Department dated 20.1.2001 and G.O. Ms. No. 1369 Rev.
(CT.IIl) Department dated 30.12.2003 and review the promotions made based on the
revision of seniority attempted by the orders impugned herein
c. Declare that this Writ Petition is liable to be allowed with exemplary costs for having
thrust this unwarranted(7iss6n the Petitioner and direct payment of the same by State
and to ensure accountability recover the costs so awarded from the personal funds of
the officers held responsible including the incumbent of the office of the 2nd
Respondent as on the date of passing of the orders impugned herein.
AND WHEREAS the High Court upon perusing the petition and affidavit
filed herein and upon hearing the arguments of Sri Goda Siva Advocate for the
Petitioner, directed issue of notice to the Respondent No.4 herein returnable in three
weeks to show cause as to why this WRIT PETITION should not be admitted.
You viz:
Sri K. Venkata Ratnam, Occ. Superintendent Grade | (Gazetted) Office of the Chief
Commissioner (ST), Andhra Pradesh, Vijayawada
are directed to show cause on or before 09-02-2021 to which date the case stands
posted as to why in the circumstances set out in the petition and affidavit filed therewith
(copy enclosed) this WRIT PETITION should not be admitted.
The Court made the following
ORDER:
Issue notice to Respondent No.4, returnable in three weeks.
Learned counsel for the petitioner is permitted to take out notice to
Respondent No.4, by registered post with acknowledgment due and file
proof of service into the Registry within three weeks.
Post on 09.02.2021 under the caption 'for orders'.
th "
i Sd/-T.Madhavi
TRUE COPY!/ ASSISTANT REGISTRAR
For... sECHION OFFICER
To,
1. The Special Chief Secretary to Government, Revenue (CT) Department, Andhra
Pradesh Secretariat, Velagapudi, Amaravathi, Guntur District, Andhra Pradesh.
2. The Chief Commissioner (ST), Andhra Pradesh, Edupugallu, Kankipadu(M)
Vijayawada, Andhra Pradesh
3. Sri Y. Sambasiva Rao, Occ. Superintendent Grade - | (Gazetted) Office of the
Chief Commissioner (ST), Andhra Pradesh, Vijayawada (Addressee Nos 1 to 3
by RPAD) .
4. Sri K. Venkata Ratnam, Occ. Superintendent Grade | (Gazetted) Office of the
Chief Commissioner (ST), Andhra Pradesh, Vijayawada ( BY RPAD along with
a copy of petition and affidavit)
One CC to Sri. Goda Siva Advocate [OPUC]
Two CCs to GP for Commercial Tax, High Court of Andhra Pradesh. [OUT]
One spare copy
NO
Skm
HIGH COURT
MSM, J
DATED:04/02/2021
NOTE: Post on 09.02.2021 under the caption 'for orders'.
NOTICE BEFORE ADMISSION
WP.No.1922 of 2021
