Andhra Pradesh High Court - Amravati
T.Srinivasa Rao vs State Of Andhra Pradesh, on 16 July, 2021
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI E
(SPECIAL ORIGINAL JURISDICTION)
FRIDAY, THE SIXTEENTH DAY OF JULY
TWO THOUSAND AND TWENTY ONE
'PRESENT:
THE HONOURABLE SRI JUSTICE D.V.S.S.SOMAYAJULU
WRIT PETITION NO: 13692 OF 2024
Between:
T.Srinivasa Rao, S/o T.Balaiah, Aged about 52 years, Presently working as
Public Relation Officer, R/o Flat.No.114, Kothapeta, Srisailam, Kurnool District.
, .Petitioner
AND
1. State of Andhra Pradesh, Rep by its Principal Secretary, Revenue (Endts)
Department, 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, AP. .
4. The Executive Officer, Sri Veera Venkata Satyanarayana swamyvari
Devasthanam, Annavaram, East Godavari District, AP.
oh
. 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 Proc in Re.No.C1/COE-13025/2/2021 dated
12.07.2021 issued by the 2°° respondent partly modifying his proceedings
Re.No.C1/4712383/2021 dated 07.07.2021, as iliegal, arbitrary, improper, violative of
principles of justice, suffers fram non-application of mind, against the principles of
Service jurisprudence and against the rules, and consequently to set-aside the same;
and
b. Declaring the order of the 24 respondent vide proceedings
Re.No.C 1/47 12383/2021 dated 07.07.2021, whereunder order was issued to transfer
the petitioner on deputation, as illegal, arbitrary, improper, violative of principles of
justice, suffers from non-application of mind, against the principles of service
jurisprudence and against the rules, and. consequently to set-aside the same: with
regard to the petitioner: ms
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 in Re.No.C1/COE-13025/2/2021 dated 12.07.2021 issued
by the 2" respondent, enabling the petitioner to continue at 3° respondent institution as
Public relations officer, pending disposal of WP 13692 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 Sri N Bharat Babu, Advocate
for the Petitioner and GP for Endowments for Respondent Nos.1 & 2, Sri G.Ramana
Rao, Standing Counsel for Respondent No.3, Sri K Madhava Reddy, Standing Counsel
for Respondent No.4, the Court made the following;
ORDER:
"Sri P. Gangaiah Naidu, learned Senior Counsel appears and states that
two orders of deputation were given in succession in this case. The first order
was dated 07-07-2621 and the second order is dated 12-07-2021. Apart from the
other legal issues that are raised, learned Senior Counsel relies upon the
Judgment of the Honourable Supreme Court reported in AIR 1998 SC 7 and in
particular paragraph No.19 and arques that deputation can only be made with the
prior consent of the employee.
in the case on hand, he submits before either of the two orders were
passed, the consent was not obtained or given.
As a prima facie case is made out, there shall be an interim suspension of
the order dated 12-07-2021 issued in favour of the petitioner till 23-07-2021."
B
Sdi- M. SRINIVAS
ASSISATNT REGISTRAR
Py
HTRUE COPY! i
SECTION OFFICER
F
To,
1. The Principal Secretary, Revenue (Endts) 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, AP.
The Executive Officer, Sri Veera Venkata Satyanarayana Swamyvari
Devasthanam, Annavaram, East Godavari District, AP.(1 to 4 by RPAD)
One CC to Sri. N Bharat Babu, Advocate [OPUC]
One CC to Sri G- Ramana Rao, Standing Counsel [OPUC]
One CC to SriK. Madhava Reddy, Standing Counsel [OPUC]
Two CCs to GP for Endowmenis, High Court of Andhra Pradesh. [OUT]
One spare capy.
wh
=
BOON DA
HIGH COURT
DVSS,J
DATED:16/07/2021
ORDER
WP.No.13692 of 2021
INTERIM DIRECTION
