Andhra Pradesh High Court - Amravati
Nadendla Sambasiva Rao vs The State Of Andhra Pradesh, on 4 February, 2022
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
(SPECIAL ORIGINAL JURISDICTION) S
FRIDAY, THE FOURTH DAY OF FEBRUARY, TWO THOUSAND AND TWENTY:
:PRESENT: &
THE HONOURABLE SRI JUSTICE C. PRAVEEN KUMAR
AND
THE HONOURABLE DR. JUSTICE K. MANMADHA RAO:
W.P.(PIL) No. 13 of 2022 nN
le.
Between: a rae
Nadendla Sambasiva Rao, S/o. Late Ramaswamy, Aged about 65 years, Occ Reet
Professor, R/o. D.No. 1-107-9/4, Sector 6, MVP Colony, Visakhapatnam - 53001
Andhra Pradesh, Mobile No : - 9848170274
Aadhar No. 607173367890
Pan Card : ABPPN 5829A
E-Mail : [email protected]
_ Petitioner.
AND
1. The State of Andhra Pradesh, Rep by its Chief Secretary, Secretariat Building,
Nelapadu, Amaravathi.
2. The State of Andhra Pradesh, Rep by its Principal Secretary, Finance
Department, Secretariat Building, Nelapadu, Amaravathi.
3. The State of Andhra Pradesh, Rep by its Principal Secretary, Revenue
Department, Secretariat Building, Nelapadu, Amaravathi.
4. PRC Struggle Committee, (United Forum for Employees, Teachers and
Pensioners Associations), Vijayawada, Rep by its Convenor/Chairman.
5. The A.P.N.G.O.s Association, represented by its General Secretary, N.G.0.s
Home, 3rd Floor, Gandhinagar, Vijayawada, Krishna district
6. the A.P. Secretariat Employees Association, represented by its General
Secretary, A.P. Secretariat, Velagapudi, Guntur district.
7. A.P. Government Employees Association, represented by its General Secretary,
Gopal Krishna Street, Near Police Control Room, Governor Peta, Vijayawada,
Andhra Pradesh.
8. A.P. Revenue Services Association, represented by its General Secretary,
Vijayawada.
9. Federation of A.P. Teachers Organization, represented by its General Secretary
(APTF office), Suryaraopet, Vijayawada.
.... Respondents.
Petition under Article 226 of the Constitution of India, praying that in the
circumstances stated in the affidavit filed therein, the High Court may be pleased to
issue any order, direction or Writ, one in the nature of Mandamus
a) to declare the action of the respondents 4 to 9 herein in issuing the 'Notice
to Strike' dated 24/1/2022 as being illegal, arbitrary and violative of Article 21 of the
Constitution of India, violative of the Judgment of the Hon'ble Supreme Court in T.K.
Rangarajan Vs. State of Tamil Nadu reported at 2003(6) SCC 581 and violative of Rule
4 of the Andhra Pradesh Civil Services (Conduct) Rules, 1964.
b)issue a declaration that the employees do not have a fundamental right or a
legal/statutory right or a moral or equitable right to go on strike in terms of the law
declared by the Supreme Court in T.K. Rangarajan Vs. State of Tamil Nadu reported
at 2003(6) SCC 581.
c)to direct the respondents 1 to 3 to take appropriate steps in Law to forbear
the Government Employees from proceeding with the Strike as contained in the notice
or otherwise.
Contd.2...
\
|.A.No. 1 of 2022 :-
Petition under Section 151 CPC praying that in the circumstances stated
in the affidavit filed in support of W.P.(PIL), the High Court may be pleased to direct
the 2 Respondent to process the salaries of the Government employees in a timely
manner including contract employees and piece rated workers while ensuring that all
Governmental services are continued uninterrupted and pass, Pending disposal of
WP(PIL) 13 of 2022, on the file of the High Court.
1.A.No. 2 of 2022 :-
Petition under Section 151 CPC praying that in the circumstances stated
in the affidavit filed in support of W.P(PIL), the High Court may be pleased to restrain
the Government Employees represented through 4 to 9 Respondents from proceeding
to strike in pursuance of the "Notice to Strike" dated 24/1/2022, pending disposal of
WP(PIL) 13 of 2022, on the file of the High Court.
1.A. No. 3 of 2022 :-
Petition under Section 151 CPC praying that in the circumstances stated
in the affidavit filed in support of W.P.(PIL), the High Court may be pleased to direct
the Respondents not take any action/steps, in pursuance of the "Notice to Strike"
dated 24/1/2022, pending disposal of WP(PIL) 13 of 2022, on the file of the High
Court.
The petition coming on for hearing, upon perusing the Petition and the
affidavit filed in support thereof Sri Nadendla Sambasiva Rao, Advocate for petitioner
and of and upon hearing the arguments of S SHARAT KUMAR Advocate for the
Petitioner and of the Advocate General for respondent Nos. 1 to 3, Court made the
following ORDER :-
(proceedings taken up through video conferencing)
The present writ petition came to be filed seeking issuance of a writ or
direction one in the nature of Mandamus to declare the action of the respondents
4 to 9 in issuing "Notice to Strike" dated 24.01.2022 as illegal and arbitrary; to
issue a declaration that the employees do not have a fundamental right or a
legal/statutory right or a moral or equitable right to go on strike in terms of the
law declared by the Supreme Court in T.K.Rangarajan Vs. State of Tamil Nadu
[2003(6) SCC 581]; to direct the respondents 1 to 3 to take appropriate steps in
law to forbear the Government Employees from proceeding with the strike as
contained in the notice and to pass such other orders.
During the course of hearing, learned counsel for the petitioner submits
that in democracy there cannot be a fight between the employees and the
Government. He further submits that the Government does not exist for the
Government Employees. He also submits that various schemes introduced by the
Government for the welfare of the public will get affected if the employees go on
strike.
Learned Advocate General, appearing for the respondents 1 to 3 would
submit that the argument of the learned counsel for the petitioner that the State
is put to ransom by the employees, cannot be accepted. He submits that though
no permission was granted for the meeting, and as against assembly of 5000
persons, nearly 35000 to 40000 gathered in Vijayawada.
Contd..3....
- 3 -
Since, one does not know as to how the events would turn out in coming
days, we hope that the State Government will take necessary steps to prevent the
spread of pandemic, which shall be in accordance with law. We also hope and
trust that the Government employees, who are on strike will take note of the
prevailing pandemic as it will not only effect them but others also.
At the stage, learned Advocate General also submits that the Government is
always ready for talks with the employee unions. However, it is not necessary for
us to go into the said aspect and also to the request made in the writ petition at
this stage. Since the notice issued to go on strike is from 07.02.2022, list the
matter on 10.02.2022 for appropriate order, if any."
Sd/- M. SRINIVAS,
ASSISTANT REGISTRAR
//TRUE COPY//
for ASSISTANT REGISTRAR
To
1.The Chief Secretary, State of Andhra Pradesh, Secretariat Building, Nelapadu,
Amaravati.
2.The Principal Secretary, Finance Department, State of Andhra Pradesh,
Secretariat Building, Nelapadu, Amaravathi.
3.The Principal Secretary, Revenue Department, State of Andhra Pradesh,
Secretariat Building, Nelapadu, Amaravathi.
4.The Convener/Chairman, PRC Struggle Committee, (United Forum for Employees,
Teachers and Pensioners Associations), Vijayawada, Krishna District.
5.The General Secretary, A.P.N.G.O.s Association, N.G.O.s Home, 3% Floor,
Gandhinagar, Vijayawada, Krishna Dirict
6.The General Secretary, A.P. Secretariat Employees Association,
A.P. Secretariat, Velagapudi, Guntur district.
7.The General Secretary, A.P. Government Employees Association,
Gopal Krishna Street, Near Police Control Room, Governor Peta, Vijayawada,
Andhra Pradesh.
8.The General Secretary, A.P. Revenue Services Association, Vijayawada,
Krishna District.
9.The General Secretary, Federation of A.P. Teachers Organization,
(APTF office), Suryaraopet, Vijayawada, Krishna District.
(Addressee Nos. 1 to 9 by RPAD)
10.Two CCs to the Advocate General, High Court of A.P., at Amaravati(OUT)
11.Two CCs to the G.P. for GAD, High Court of A.P., at Amaravati(OUT)
12.Two CCs to the G.P. for Finance, High Court of A.P., at Amaravati(OUT)
13.Two CCs to the G.P. for Revenue, High Court of A.P., at Amaravati(OUT)
14.One CC to Sri S. Sarath Kumar, Advocate(OPUC)
15.Two spare copies.
TKK
HIGH COURT
CPK.J & DR. KMR.J
DT.04-02-2022.
ORDER
W.P.(PIL).No. 13 of 2022.
DIRECTION
