Citation : 2021 Latest Caselaw 838 AP
Judgement Date : 15 February, 2021
(SHOW CAUSE NOTICE BEFORE ADMISSION) é IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVA (SPECIAL ORIGINAL JURISDICTION) MONDAY, THE FIFTEENTH DAY OF FEBRUARY, TWO THOUSAND AND TWENTY ONE :PRESENT: ty THE HONOURABLE SRI JUSTICE M.SATYANARAYANA MURTHY WRIT PETITION NO: 3628 OF 2021 Between: 1. P.Ravi Kumar, S/o (late) Kameswar Rao, Aged about 42 Years, Occ: Asst.to Tax Collector, GVMC, r/o 16-19, Dagguvanipalem, Pendurthy, Visakhapatnam. 2. Rapeti Koti Nagaraju, s/o Ramu Naidu, Aged about 50 years, Occ: Asst.to Tax Collector, 3. Mopada Ramesh Kumar, s/o Krishna, Aged about. 41 years, Occ: Computer Operator, G.Appa Rao, s/o Ramu, Aged about. 45 years, Oce: Attender, Y.Srinivasa Rao, s/o Butchi Babu, Aged about. 44 years, Occ. Asst.to Tax Collector, 6. I.Kanaka Raju, s/o (late) Kannayya, Aged about 54 years, Occ: Asst.to Tax Collector, . 7. K.Narasinga Rao, s/o (late) Sanyasi Rao, Aged about. 50 years, Occ: Asst.to Tax Collector, 8. G.Srinivas, s/o (late) Ramu Naidu, Aged about. 34 years, Occ: Asst.to Tax Collector, 9. Sk.Hussain, s/o Madeena, Aged about. 48 years, Occ: Asst.to Tax Collector, 10. Y.Sateesh, s/o Sanyasi Rao, Aged about. 35 years, Occ: Asst.to Tax Collector, -11.S.Murali Kumar, s/o Ananda Rao , Aged about. 48 years, Occ.Asst.to Tax Collector, 12.G.Rajeswari, w/o Srikrishna Prasad, Aged about. 44 years, Occ: Asst.to Tax Collector, 13.K.Vekata Ramana, s/o Venkata Swamy, Aged about. 43 years, Occ.Asst.to Tax Collector, 14.D.V.Satyanarayana, s/o Laxmana Rao, Aged about. 44 years, Occ.Asst.to Tax Collector, 45.D.Chandrasekhar, s/o Eswara Rao, Aged about. 37 years, Occ: Asst.to Tax Collector, 16.V.Laxmana Rao, s/o Veeraswamy, Aged about. 51 years, Occ.Asst.to Tax Collector, 17.G.Laxmana Rao, s/o (late) Pentayya, Aged about. 52 years, Occ.Asst.to Tax Collector, 18.Nammi Ramana, s/o Dhrama Rao , Aged about. 36 years, Occ.Asst.to Tax Collector, 19.K.Narayana Rao, s/o Appalaswamy, Aged about. 47 years, Occ.Asst.to Tax Collector, 20.G.Srinivasa Kumar, s/o Veerraju, Aged about. 41 years, Occ.Asst.to Tax Collector, 21.K.Raghunadha Rao, s/o Megha Rao, Aged about. 39 years, Occ.Asst.to Tax Collector, 22.Ch.Nageswara Rao, s/o Demudu, Aged about. 35 years, Occ.Asst.to Tax Collector, oe (petitioners 2 to 22 all are do P.Ravi Kumar, r/o 16-19, Dagguvanipalem, Pendurthy, Visakhapatnam) ...Petitioners AND 1. The Special Secretary to Government, Municipal Administration and Urban Development Department, Government of Andhra Pradesh, Secretariat, Velagapudi, Guntur District. 2. The Municipal Commissioner, Greater Visakhapatnam Municipal Corporation, Visakhapatnam. 3. The Executive Director, AP Corporation of Outsourced Services (APCOS), ane Floor, APSRTC Administrative Block, PN Bus-Station, Vijayawada, Andhra Pradesh. ...Respondents WHEREAS the Petitioners above named through their Advocate Sri Y SURYA PRASAD 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 writ, order or direction, more particularly a writ in the nature of Writ of MANDAMUS directing the respondents to pay wages at the minimum of pay scale (at the lowest rate, in the regular pay scale) extended to regular employees holding the same post, to the petitioners who are employed by the 2" respondent Corporation as Assistants to Tax Collectors etc., in compliance with Articles 14 and 21 of the Constitution and the Supreme Court Judgments. also holding that the migration of the services of the petitioners to the APCOS is arbitrary, illegal and violative of Article 14, 16 and 21 of the Constitution of India. AND WHEREAS the High Court upon perusing the petition and affidavit filed herein and upon hearing the arguments of Sri Y.Surya Prasad, Advocate for the Petitioners and GP for Municipal Administration for the Respondent No.1 and Sri Lakshmi Narayana Standing Counsel for the Respondent No.2, directed issue of notice to the Respondents herein to show cause as to why this WRIT PETITION should not be admitted. You viz: 1. The Special Secretary to Government, Municipal Administration and Urban Development Department, Government of Andhra Pradesh, Secretariat, Velagapudi, Guntur District. 2. The Municipal Commissioner, Greater Visakhapatnam Municipal Corporation, Visakhapatnam. 3. The Executive Director, AP Corporation of Outsourced Services (APCOS), an Floor, APSRTC Administrative Block, PN Bus-Station, Vijayawada, Andhra Pradesh. are be and hereby directed to show cause either appearing in person or through an Advocate, 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. The Court made the following: ORDER:
"Print the name of the learned Government Pleader for Municipal Administration and Urban Development appearing for R-1~ and Sri S.Lakshmi Narayana, learned Standing Counsel appearing for R-2.
Notice to R-3.
Learned counsel for the petitioners is also permitted to take out personal notice to R-3 by registered post with acknowledgment due and file proof of service into the Registry.
Post after two (2) weeks." Sd/-T.Madhavi ASSISTANT REGISTRAR
i
Way IITRUE COPY// SECTION OFFICER
For.
To,
1. The Special Secretary to Government, Municipal Administration and Urban Development Department, Government of Andhra Pradesh, Secretariat, Velagapudi, Guntur District.
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The Municipal Commissioner, Greater Visakhapatnam Municipal Corporation, Visakhapatnam.
The Executive Director, AP Corporation of Outsourced Services (APCOS), ane Floor, APSRTC Administrative Block, PN Bus-Station, Vijayawada, Andhra Pradesh. (Addresses 1 to 3 by RPAD- along with a copy of petition and affidavit) One CC to Sri. Y.Surya Prasad, Advocate [OPUC]
. Two CCs to GP for Municipal Administration, High Court of Andhra Pradesh.
[OUT] One CC to Sri S.Lakshmi Narayana, Standing Counsel [OUT] One spare copy
AP
HIGH COURT
MSMJ
DATED:15/02/2021
NOTE: POST AFTER TWO WEEKS
NOTICE BEFORE ADMISSION
WP.No.3628 of 2021
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