Andhra Pradesh High Court - Amravati
Shaik Mahaboob Peera vs The State Of Andhra Pradesh And 7 Others on 17 September, 2024
APHC010393022024
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3331]
(Special Original Jurisdiction)
TUESDAY ,THE SEVENTEENTH DAY OF SEPTEMBER
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI
WRIT PETITION NO: 20188/2024
Between:
Shaik Mahaboob Peera, ...PETITIONER
AND
The State of Andhra Pradesh and 7 others. ...RESPONDENT(S)
Counsel for the Petitioner:
1. V NITESH
Counsel for the Respondent(S):
1. GP FOR SERVICES I
2. JYOTHI RATNA ANUMOLU JUNIOR STANDING COUNSEL FOR
APSPDCL
The Court made the following ORDER:
The writ petition is filed seeking the following relief:
"...to issue a writ order or direction more particularly one in nature of
Writ of Mandamus declaring the actions of the Respondent No.3 for
initiating direction for removal of the petitioner from the services vide
Proceedings in Memo.No.CGM(HRD)/GM/HR-II/DGM(DC)/PO(DC)
/F.No.567-II-KDP E.S/D.No.639/24 dated 01.07.2024 basing upon the
Chief Vigilance recommendations and the subsequent memo of
Respondent no.4 for initiating the issuance of Proceedings in Memo
No.SE/O/KDP/ADM/PO/JAO/J5/F.127/D.No 1976 dated 22.07.2024 and
SRS, J
Wp_20188_2024
the subsequent letter of Respondent No.5 herein in issuing proceedings
dated 23.07.2024 in Lr.No.EE/O/PDL/AEE/Comml/F.No./D.No.1099 of
2024 and the consequential proceedings dated 25.07.2024 issued by
Respondent No.8 in removing the petitioner from the service as Shift
Operator, APSPDCL without giving me an opportunity of hearing as
illegal, arbitrary, violative of principles of natural justice and
consequently continue the petitioner in the services by setting aside the
proceedings issued by Respondents No.3, 4, 5 and 8 dated 01.07.2024,
22.07.2024, 23.07.2024 and 25.07.2024 respectively and pass such
other order or orders...
2. Heard Sri V.Nitesh, learned counsel for the petitioner, and
Smt.Jyothiratna Anumolu, learned junior standing counsel appearing for
respondents 2 to 8.
3. Learned counsel for the petitioner would submit that the petitioner was
initially engaged as Watchman in Siddhareddyharipalli Sub Station,
Chakraipeta section of Pulivendula Town. Later on 17.05.2022 petitioner was
appointed as Field Assistant. He would submit that on 26.07.2024 the
petitioner was informed by the 8th respondent not to attend the duties. Learned
counsel would also submit that on the directions of the 3rd respondent, the
petitioner was removed from service.
4. Learned junior standing counsel submitted that the writ petition, per se,
is not maintainable. She further submitted that the issue involved in this writ
petition is squarely covered by the judgment dated 14.07.2024 in W.A.No.467
of 2023 and prayed to dismiss the writ petition.
SRS, J
Wp_20188_2024
5. The W.A.No.467 of 2023 is filed challenging the order dated 30.08.2022
in W.P.No.31107 of 2022. The W.P.No.31107 of 2022 was filed by the Shift
Operator impugning the termination proceedings issued by the contractor. The
learned single Judge dismissed the writ petition observing that there is no
relationship of employer and employee between the petitioner and official
respondents 1 and 2. The matter went for appeal and the Division Bench of this
Court dismissed the writ appeal by judgment dated 14.07.2024. In Para No.10 of
the judgment, the Division Bench extracted the relevant portion from the order of
the learned single judge. In fact, it was observed that the payment made out of
an escrow account would not establish an employer-employee relationship
between the petitioner/workmen and the official respondents.
6. The issue involved is squarely covered by the judgment dated 14.07.2024
in W.A.No.467 of 2023.
7. Given the discussion supra, this Writ Petition is dismissed. The Registry
is directed to annex a copy of the judgment dated 14.07.2024 in W.A.No.467
of 2023. No order as to costs.
Miscellaneous petitions pending, if any, shall stand closed.
_____________________
SUBBA REDDY SATTI, J
Dated 17.09.2024
KA
SRS, J
Wp_20188_2024
THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI
WRIT PETITION NO: 20188/2024
Dated 17.09.2024
KA
SRS, J
Wp_20188_2024
