T.Suryanarayana vs The District Collector
2021 Latest Caselaw 2648 AP

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(SHOW CAUSE NOTICE BEFORE ADMISSION) ~ a
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI\:
(SPECIAL ORIGINAL JURISDICTION) ~

 

TUESDAY, THE TWENTY SEVENTH DAY OF JULY
TWO THOUSAND AND TWENTY ONE
- :PRESENT:
THE HONOURABLE SRI JUSTICE D.V.S.S.SOMAYAJULU

WRIT PETITION NO: 14550 OF 2021 -~
Between:
T.Suryanarayana, S/o. Veera Swami, Age 60 years, Occ. Junior Assistant (Retd),
O/o. Deputy Director, Social Welfare, Nellore, R/o. H.No.23-1-701, Sakhilamvari
Street, Fathekhanpeta, Nellore Town, SPSR Nellore District.

Petitioner
AND

The District Collector, SPSR Nellore District.
The Deputy Director of Social Welfare, SPSR Nellore District.
The State of Andhra Pradesh, Rep. by its Principal Secretary, Social Welfare
Department, Secretariat Buildings, Velgapudi, Guntur District.

2 BRD ee

_ Respondents

WHEREAS the Petitioner above named through his Advocate Sn Santhapur
Satyanarayana Rao 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 one in the nature of
Writ of Mandamus,

a) By declaring the entire action of the respondents in not considering the
case of the petitioner for promotion to the post of Senior Assistant.,
notionally, despite of availability of vacancies, and inspite of repeated
requests is as highly illegal, arbitrary, unjust, improper, colorable
exercise of power, and violation of all principles of natural justice,
contrary to the orders issued by the Government in the matter of
assigning notional seniority to the individuals, whose cases were
unjustly denied at appropriate time vide GO.Ms.No.354 GA (Services)
Dept., dated 11-5-1990 rw Division Bench Judgment in
WP.No.5772/2002 dated 12-9-2003.

b) And consequently to direct the respondents to consider the case of the
petitioner for national promotion to the past of Senior Assistant as per
his eligibility against vacancies available since 2075 onwards at
appropriate time by duly taking into consideration of orders issued in
GO.Ms.No.354GA(Services) Dept., dated 11-5-1990 r/w Division Bench
Judgment in WP.No.5772/2002 dated 12-9-2003.

AND WHEREAS the High Court upon perusing the petition and affidavit filed
herein and upon hearing the arguments of Sri Santhapur Satyanarayana Rao, Advocate
for the Petitioner and GP for Services-Il for Respondents, 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 District Collector, SPSR Nellore District.
2 The Deputy Director of Social Welfare, SPSR Nellore District.
3 The Principal Secretary, Social Welfare Department, State of Andhra Pradesh,
Secretariat Buildings, Velgapudi, Guntur District.

are be and hereby directed to show cause either appearing in person or through an
Advocate, as to why in the circurnstances set out in the petition and the affidavit filed
therewith (copy enclosed) this WRIT PETITION should not be admitted, on or before
31.08.2021, on which date the case stands posted for hearing. ;
The Court made the following;
 

ORDER:

to 3.

To,

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"Notice before admission. Learned Government Pleader for Services-ll takes notice for respondents 1

List on 31.08.2021."

Sq/-V.Satyanarayana STANT REGISTRAR TRUE COPY// ASSISTANT RE

f SECTION OFFICER The District Collector, SPSR Nellore District.

The Deputy Director of Social Welfare, SPSR Nellore District.

The Principal Secretary, Social Welfare Department, State of Andhra Pradesh, Secretariat Buildings, Velgapudi, Guntur District.(1 to 3 by RPAD- along with a copy of petition and Affidavit }

One CC to Sri. Santhapur Satyanarayana Rao, Advocate [OPUC}

Two CCs to GP for Services-il, High Court of Andhra Pradesh. [OUT]

One spare copy.

"| HIGH COURT

DVSS,J

DATED:27/07/2021

ORDER

LIST ON 31.08.2021

NOTICE BEFORE ADMISSION

WP.No.14550 of 2021