Andhra Pradesh High Court - Amravati
T.Srinivasa Rao, vs State Of Andhra Pradesh, on 15 July, 2021
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVAT
(SPECIAL ORIGINAL JURISDICTION)
THURSDAY, THE FIFTEENTH DAY OF JULY
TWO THOUSAND AND TWENTY ONE
: PRESENT: '
THE HONOURABLE SRI JUSTICE D.V.S.S,SOMAYAJULUS
WRIT PETITION NO: 13613 OF 2021 .
Between:
T.Srinivasa Rao, S/o T.Balaiah, Aged about 52 years, Presently working a
Public Relation Officer, R/o Flat No.114, Kothapeta, Srisailar, Kurnoo! District.
. . Petitioner
AND
1. State of Andhra Pradesh, Rep by its Principal Secretary, Revenue (Endts)
Department, AP Secretariat, Velagapudi, Guntur District. _
2. The Special Commissioner, Endowments, A.P., Gollapudi, Krishna District.
3. The Executive Officer, Sri Brahmaramba Mallikarjuna Swamyvari Devasthanam,
Srisailam, Kurnool District, A.P.
4. The Executive Officer, Sri Varaha Lakshmi Narasimha Swamyvari Devasthanam,
Simhachalam, Visakhapatnam District.
.. 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 order or direction, more particularly, one in the nature of writ of Mandamus,
a. Declaring the impugned proceedings Re.No.C1/4712383/2021 dated
07.07.2021 (served to the petitioner on 8.7.2021) issued by the 2" respondent, is illegal,
arbitrary, improper, violative of principles of justice, suffers from non-application of mind,
against the principles of service jurisprudence and against the rules:
b. And consequently fo set-aside the impugned proceedings
Re.No.C 1/4712383/2021 dated 07.07.2021 issued by the 2" respondent.
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 suSpend
the operation of proceedings Re.No.C1/4712383/2021 dated 07.07.2021 issued by the
2°* respondent, enabling the petitioner to continue at 3° respondent institution as Public.
relations officer, pending disposal of WP 13613 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 M/s.N Bharat Babu,
Advocate for the Petitioner and GP for Endowments for the Respondent Nos.1 & 2, Sri
G.Ramana Rao, Standing Counsel for Respondent Nos.3, Sri B. Madhava Reddy,
Standing Counsel for Respondent No.4, the Court made the following;
ORDER:
"Heard the learned senior counsel appearing for the petitioner.
The petitioner's grievance is that he is not involved in any criminal case. He
states this on oath and that he states that he is posted on deputation to Varaha
Lakshmi Narasimha Swamy Vari Devasthanam, Simhachalaam.
Relying upon the judgment of Hon'ble Supreme Court reported in State Of
Punjab And Ors.vs Inder Singh And Ors., the learned senior counsel argues. that
deputation can only be given with the consent of an employee and the receiving
department. In addition, learned senior counsel also points that there is no post
of PRO in the Devasthanam, to which 'he sent purportedly on deputation. Relying .
VAAL E Greet rected
upon the cadre strength of the said temple, which is filed as material paper he
points out that there is no post of PRO.
This Court is of the prima facie opinion that as far as the petitioner is
concerned, there shall be a suspension of operation of proceedings, dated
07.7.2021 for a period of one week.
in this period, learned counsel for the respondents are directed to get
appropriate instructions.
List on 23.7.2021.
Delete the name of learned Government Pleader for Services-Ill."
Sd/- P.VINOD KUMAR
ASSISTANT REGISTRAR
TRUE COPY/ Qo
For ASSISTANT REGISTRAR
To,
1. The Principal Secretary, Revenue (Endowments) Department, State of Andhra
Pradesh, AP Secretariat, Velagapudi, Guntur District.
The Special Commissioner, Endowments, A.P., Gollapudi, Krishna District.
The Executive Officer, Sri Brahmaramba Mallikarjuna Swamyvari Devasthanam,
Srisailam, Kurnool District, A.P.
The Executive Officer, Sri Varaha Lakshmi Narasimha Swamyvari Devasthanam,
Simhachalam, Visakhapatnam District.(1 to 4 by RPAD)
One CC to M/s. N Bharat Babu, Advocate [OPUC]
One CC to Sri G. Ramana Rao, Standing Counsel [OPUC]
One CC to Sri Madhava Reddy, Standing Counsel fOPUC]
Two CCs to GP for Endowments, High Court of Andhra Pradesh. [OUT}
One spare copy.
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18/07/2021
HIGH COURT
DVSS,.
DATED
ORDER
WP.No.13613 of 2021
INTERIM DIRECTION
LIST ON 23.07.2024
