Andhra Pradesh Court November 2000 Judgments
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P. Galireddy and Another Vs. Chinna Ramaswamy Goud and Others
Court: Andhra Pradesh
Decided on: Nov-08-2000
Reported in: 2002ACJ1595; 2001(1)ALD171; (2002)IVLLJ332AP
1. This appeal is filed by the employer questioning the award dated 31-7-1996 passed by the Commissioner of Workmen's Compensation and Assistant Commissioner of Labour, II Circle, Rangareddi District, in WC Case No.158 of 1993.2. The legal heirs of one Chinna Mallesham Gaud, deceased in this case, filed the above case claiming compensation of Rs.87,980/- for the death of the deceased. It is the case of the claimants that the deceased was working in the industrial concern belonging to the appellants herein, on monthly wages of Rs.1,100/-. While so, on 17-6-1993, the deceased was entrusted with the work of cleaning some powder, which gathered on the electric meter board fixed in the premises of the said industrial unit. While cleaning the Board, the deceased came into contact with a live electric wire, due to which he received shock and fell down. When he was taken to the Government Hospital for treatment, the workman died. Hence, the claim under the Workmen's Compensation Act ('the Act'...
Nagarjuna Paper Mills Ltd., Hyderabad Vs. G. Mahesh
Court: Andhra Pradesh
Decided on: Nov-08-2000
Reported in: 2001(1)ALD308
1. This appeal was tiled against the judgment and decree dated 30-1-1987 in OS No.1174 of 1984 on the file of the III Additional Judge, City Civil Court, Hyderabad whereby the learned Judge has decreed the suit against the appellant-defendant, as prayed for with costs and subsequent interest at 12% p.a. from the date of suit till the date of realisation.2. Aggrieved by the said judgment and decree, the present appeal is filed contending that it view of the attitude of the respondent in showing disinterest in continuing the dealership of the appellant without giving any reasonable time to make appropriate arrangements, the respondent company was put to irreparable loss and, therefore, the Court should have allowed damages to the appellant-defendant, that the respondent-plaintiff is not entitled to refund of the deposit amount unless he clears the outstanding due to the appellant defendant, that the trial Court failed to see that the appellant-defendant has demanded the respondent-plaint...
Govt. of A.P. and Another Vs. MedwIn Educational Society, Hyd. and Oth ...
Court: Andhra Pradesh
Decided on: Nov-08-2000
Reported in: 2000(6)ALD609; 2000(6)ALT305
ORDERM.S. Liberhan, CJ 1. In these appeals the common question of fact and law have been raised. 2. The State having decided locations for establishment of medical colleges and dental colleges, constituted a committee headed by a sitting Judge of this Court with the other members i.e., the Director of Nizams Institute of Medical Sciences and the Vice-Chancellor of NTR University of Health Sciences. The committee was required to examine the applications in detail in accordance with the procedure provided and required to be followed. 3. The learned single Judge found that the function of the committee is part ofquasi-judicial or executive functions of the State. The High Court Judge ought not to associate and function as head of such committee in view of the doctrine of separation of powers enshrined in Article 50 and further that it is not desirable for a sitting Judge to take part in the process of recommending eligible applicants for grant of essentiality certificate. Participation of...
K. Krishnayya and Others Vs. Assistant Commissioner of Labour, Tirumal ...
Court: Andhra Pradesh
Decided on: Nov-07-2000
Reported in: 2001(1)ALD38; 2000(6)ALT593; [2001(89)FLR171]; (2001)ILLJ962AP
ORDERM.S. LIBERHAN, CJ.1. This writ appeal arises out of an order of the learned single Judge declining to issue a mandamus directing respondent No.3 Indian Bank to continue the appellants in service as casuals and pay them wages on par with other employees who are similarly placed. 2. Briefly stated, the facts of the case are Tirumala Tirupathi Devasthanam initially entrusted the job of distributing prasadam by collecting the requisite amount to Bank of Baroda. It is contended by the appellants that Bank of Baroda engaged them for bringing laddu trays from TTD kitchen to the Distribution Counter at the rate of Rs.0-75 ps. per tray. Later, the job of distributing the laddus was entrusted to respondent No.3 Indian Bank, and it entered into a contract with M/s. Productive Security Services for bringing the laddus from TTD kitchen to the Distribution Counter on payment of Rs.0-75 ps. per tray. The said firm engaged the appellants for bringing the laddus from TTD kitchen to the Distributio...
D. Kodandapani Vs. Commissioner of Collegiate Education, A.P., Hyderab ...
Court: Andhra Pradesh
Decided on: Nov-07-2000
Reported in: 2001(1)ALD107; 2001(1)ALT308
ORDER1. The petitioner who was a Principal in B.T. College, a private aided college at Madanapalle, filed this writ petition assailing the proceedings RC No.2241/P4 of 1995, dated 1-9-1995, of the first respondent-the Commissioner of Collegiate Education, Andhra Pradesh, Hyderabad, wherein the first respondent held that the petitioner was not eligible for the revision of pension as he continued in service up to 60 years i.e., 31-5-1993, and that the petitioner was entitled to draw pension as per the A.P. Liberalised Pension Rules 1961. Now the question that falls for consideration of this Court is whether the A.P. Liberalised Pension Rules, 1961 or The A.P. Aided Degree, Oriental and Junior Colleges Staff Pension Rules, 1993 are applicable to the petitioner for payment of pension. 2. The factual background that led to the issuance of the A.P. Aided College Staff Pension Rules, 1993 has to be referred before deciding the controversy involved in this writ petition. As per the original sc...
Mohd Fazal Ali Vs. Registrar (Administration), High Court of A.P., Hyd ...
Court: Andhra Pradesh
Decided on: Nov-07-2000
Reported in: 2001(1)ALD42; 2000(6)ALT424
ORDERV. ESWARAIAH, J. 1. This petitioner seeks a writ of mandamus directing the Registrar (Administration), High Court of Andhra Pradesh to grant permission to him to go over to foreign countries for getting private employment for a period of 4 1/2,, years as contemplated in G.O. Ms. No.214, Finance and Planning (FW.FRI) Department, dated 3-9-1996 by cancelling the order in ROC No.200 of 1998- C1 (3) dated 24-3-1998. 2. The petitioner submits that he has joined as Attender in the Unit of District Judge, Nalgonda on 22-2-1988. The post of the Attender is governed by the AP Last Grade Service Rules. He is not entitled for automatic promotion and in the opinion of the appointing authority any employee is fit for promotion such person will be appointed to a higher post by transfer. There is no promotional channel to the post of Attender. The Attender in the Judicial Department is also a Government Servant. No Government Servant shall apply for private employment without having previously o...
Anajamma Vs. S. Pushpamma and Another
Court: Andhra Pradesh
Decided on: Nov-07-2000
Reported in: 2001(1)ALD77; 2001(1)ALT235
ORDERA. GOPAL REDDY, J. 1. This writ petition is filed aggrieved by the order passed by the Junior Civil Judge, Jedcherla in OP No.1/96 dated 4-10-1999 in which the election of the petitioner as Sarpanch of Alwanpalli Grampanchayat, Jedcherla Mandal, Mahabubnagar District was set aside and the first respondent was declared elected as Sarpanch of the said village. 2. The writ petitioner, first respondent and another contested the election to the office of Sarpanch of Alwanpalli Grampanchayat held on 27-6-1995. The writ petitioner was declared elected as Sarpanch of the village by a margin of three votes by the Returning Officer on 21-10-1995. Questioning the declaration of election results, the first respondent herein filed OP No. 12/95 before the Principal Junior Civil Judge, Mahabubnagar on 2-11-1995 which was registered on 6-12-1995 and transferred to the Junior Civil Judge, Jedcherla and renumbered as OP No.1/96. The election petitioner stated that the recounting of votes undertaken...
K. Gopala Krishna Murthy Vs. Banda Krishna Vijaya Bhaskara Rao and Ano ...
Court: Andhra Pradesh
Decided on: Nov-07-2000
Reported in: 2001(1)ALD37; 2000(6)ALT612
ORDERM.S. Liberhan, CJ1. This appeal by the appellant-2nd respondent in the writ petition is directed against the order of the learned single Judge setting aside the order of the District Supply Officer, Krishna, Machilipatnam declining to renew the grain dealership licence issued in favour of the writ petitioner-1st respondent herein.2. The 1st respondent-writ petitioner was issued licence in the year 1994 to carry on business in food-grains for a period of three years in the premises of the appellant herein which was subsequently renewed for another three years ending with 31-3-2000. The request of the writ petitioner for renewal of the licence for another three years was rejected on the ground that the owner of the premises i.e., the appellant herein has withdrawn his consent for renewal of the licence. By the order under appeal, the learned single Judge set aside the order of the District Supply Officer and directed to renew the licence of the writ petitioner. Aggrieved by the same...
G.S. Usha Vs. Life Insurance Corpn. of India and ors.
Court: Andhra Pradesh
Decided on: Nov-07-2000
Reported in: 2001(1)ALT190
ORDERB.S.A. Swamy, J.1. The petitioner, who has been working as an Assistant Divisional Manager in the respondent-Life Insurance Corporation of India, filed this writ petition questioning the office order, dated 29-6-1999, of the first respondent - Life Insurance Corporation of India - reverting her to the post of Administrative Officer from the post of Assistant Divisional Manager under Regulation 16(2) of the Life Insurance Corporation of India (Staff) Regulations, 1960 (for short 'the Regulations') on the ground that she did not complete the probation period of one year satisfactorily even after extending her period of probation by one more year as contemplated under Regulation 16(1) of the Regulations, and the consequential order issued by the fourth respondent - the Senior Divisional Manager, Divisional Office, LIC of India, Secunderabad - giving effect to the order of the first respondent and posting her as Administrative Officer in Hyderabad Divisional Office, as illegal, arbitr...
Ganapati Sreerama Murthy Vs. Secretary and Correspondent, Dnr College, ...
Court: Andhra Pradesh
Decided on: Nov-06-2000
Reported in: 2001(1)ALD39; 2001(1)ALT17
ORDER1. In both these writ petitions, the petitioners arc working as non-teaching staff members of a private educational institution under the same management. They were suspended by two different orders dated 17-4-2000 and 15-4-2000 respectively by the management in connection with a crime registered as Crime No.116 of 2000 of II Town Police Station, Eluru. The suspension order was subsequently extended by the management after obtaining necessary permission of the competent authority till such time the police case registered against the petitioner is finalised. Aggrieved by the suspension until the finalisation of police case, the petitioners have approached this Court. 2. The learned Counsel for the petitioners in both the writ petitions, Sri P. Satyanarayana submits that extention of suspension till finalisation of the criminal case is contrary to sub-section (3) of Section 79 of the Andhra Pradesh Education Act, 1982 (hereinafter called 'the Act). The learned Government Pleader for...
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