Gundu Sivaji vs The State Of Andrha Pradesh
2021 Latest Caselaw 1724 AP

        IN THE HIGH COURT OF ANDHRA PRADESH : AMARAVATI


     HON'BLE MR. JUSTICE ARUP KUMAR GOSWAMI, CHIEF JUSTICE
                                       &
                 HON'BLE MR. JUSTICE C. PRAVEEN KUMAR


                       WRIT APPEAL No.407 of 2020

                    (Taken up through video conferencing)

The Municipal Council, Rep., by its Commissioner,
Nandyal Municipality, Nandyal, Kurnool District,
Andhra Pradesh 518 501.
                                                    .. Appellant
        Versus
Challagali Karuna Kumar, S/o Ch. Lazarus,
Aged about 36 years, Occ: Helper,
R/o H.No.26-329-B, Vishwasapuram,
Nandyal, Kurnool District 518 501 and others.
                                                    ..Respondents.

Counsel for the Appellant : Mr. D. Kasim Saheb Counsel for respondents No.1 to 41 : Mr. Venkateshwarlu Gummadavelly

ORAL JUDGMENT

Dt: 24.03.2021

(per Arup Kumar Goswami, CJ)

Heard Mr. D. Kasim Saheb, learned counsel for the appellant and Mr.

Venkateshwarlu Gummadavelly, learned counsel for the respondents/writ

petitioners.

2. This appeal is presented against the order dated 25.02.2020 passed by

the learned single Judge in W.P.No.590 of 2020.

3. The aforesaid order was passed in the presence of the learned

Government Pleader for Municipalities and the learned standing counsel for

Nandyal Municipality appearing for the respondents in the writ petition. Perusal

of the order goes to show that as per the circular dated 20.11.2019 issued by

the Government of Andhra Pradesh, the outsourcing employees shall not be

removed. However, by proceedings dated 17.12.2019, the writ petitioners were

sought to be terminated. Since the proceedings dated 17.12.2019 are

subsequent to the circular, dated 20.11.2019, the learned single Judge set aside

the said proceedings and directed that the writ petitioners shall be

reinstated/continued in service.

4. Learned Counsel for the appellant submits that the writ petitioners were

not outsourcing employees but they are contractual employees.

5. In the appeal, the appellant has enclosed a list commencing from page

No.47 to page 57, under the heading 'Proforma for furnishing the details of

outsourcing employees working in Kurnool District' , with specific reference to

Nandyal Municipality, appellant herein. The names of the writ petitioners figure

in the said list.

6. In that view of the matter, we do not find any merit in this appeal and

accordingly, the same is dismissed. No costs. Pending miscellaneous

applications, if any, shall stand dismissed.

ARUP KUMAR GOSWAMI, CJ C. PRAVEEN KUMAR, J

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HON'BLE MR. JUSTICE ARUP KUMAR GOSWAMI, CHIEF JUSTICE & HON'BLE MR. JUSTICE C. PRAVEEN KUMAR

WRIT APPEAL No.407 of 2020

(per Arup Kumar Goswami, CJ)

Dt: 24.03.2021

Nn