Dir General Ncc vs C Subramanyam
2021 Latest Caselaw 3475 AP

Citation : 2021 Latest Caselaw 3475 AP
Judgement Date : 13 September, 2021

Andhra Pradesh High Court - Amravati

Dir General Ncc vs C Subramanyam on 13 September, 2021

     IN THE HIGH COURT OF ANDHRA PRADESH : AMARAVATI

HON'BLE MR. JUSTICE ARUP KUMAR GOSWAMI, CHIEF JUSTICE
                                       &
            HON'BLE MR. JUSTICE NINALA JAYASURYA

                     WRIT APPEAL No. 42 of 2021
                      (Taken up through video conferencing)


Director General NCC, New Delhi
and others.                                                   .. Appellants

        Versus

C.Subramanyam S/o. Chengappa
Aged 45 years, Occ: Working as Casual Labour,
Office of the Commanding Officer,
2(A0 R & V Regt. NCC,
Veterinary College Campus, Tirupathi.                         .. Respondent

Counsel for the appellants : Mr. N.Harinath, Assistant Solicitor General

Counsel for respondent/writ petitioner : Mr. V.Sudhakar Reddy

ORAL JUDGMENT Dt: 13.09.2021 (per Arup Kumar Goswami, CJ)

Heard Mr. N. Harinath, learned Assistant Solicitor General of

India, appearing for the appellants.

2. Also heard Mr. V.Sudhakar Reddy, learned counsel for the

respondent/writ petitioner.

3. This writ appeal is directed against an order dated 12.03.2020

passed by the learned single Judge in W.P.No.47060 of 2018, whereby

the learned single Judge has set aside the termination order dated

21.12.2018 of the respondent/petitioner and directed the appellants to

reinstate the respondent/writ petitioner into service. While passing the

aforesaid order, the appellants were also left at liberty to take action

against the respondent/writ petitioner and pass appropriate orders in

accordance with law.

4. It will be relevant to extract paragraph 3 of the order of the

learned single Judge, which reads as follows:

"Learned counsel for the petitioner submits that the

petitioner has been working on temporary basis since 2006

and that the petitioner, along with others, approached the

High Court of Judicature at Hyderabad for the State of

Telangana and the State of Andhra Pradesh by way of

W.P.No.20053 of 2010 and the Court, by virtue of orders

dated 05.11.2018 in the said writ petition, directed the

respondents therein to consider the case of the petitioners

for regularization of their services by duly taking into

account the judgments rendered by the Apex Court in Nihal

Singh Vs. State of Punjab reported in (2013) 14 SCC

65, and Secretary, State of Karnataka Vs. Umadevi

reported in (2006) 4 SCC 1, and pass appropriate orders

within eight weeks from the date of receipt of a copy of the

order. But consequent to the said order, the impugned

order dated 21.12.2018 got to be passed, terminating the

services of the petitioner with effect from 01.01.2019

without specifying any reasons. Learned counsel for the

respondents now puts forth before this Court that the

termination order is passed only after considering all

possibilities and situations existing at 2(A) R&V Regt. NCC.

But absolutely, the termination order is bereft of any

reasons."

5. The termination order reads as follows :

"Telephone : 0877 - 2249271 2(A) R&V Regt NCC Email: [email protected] Veterinary University Campus Tirupati-517 502(AP) No.2(A) R&V/113/CL/P&C 21 Dec 2018.

C.Subramanyam, S/o. Chengappa D.No.18-1-720-F, Sivalayam Street, Bhavani Nagar, TIRUPATI - 517 501 Chittoor Dist (AP)

R.Dharmaiah S/o. R.Subramanyam D.No.4-4-1080, Bommegunta, TIRUPATI - 517 501 Chittoor Dist. (AP)

Yella Ravi S/o. Yangaiah, Door No.3-8, Village and Post-Peruru Mandal-Chandragiri, Dist-Chittoor.

V.Dinakar S/o. Muniratnam, Door No.1-6-743/F Prakasam Road, Indira Nagar, Tirupati.

TERMINATION ORDER

As per directions of Group Headquarters, Tirupati, after disposal of writ petition No.20053 of 2010 by Hon'ble High Court of Hyderabad, it is intimated that your services as Casual Labour is terminated with effect from 01 January 2019.