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Andhra Pradesh Court March 2001 Judgments

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Mar 12 2001

N. Siva Kumar Vs. Apsrtc, Musheerabad, Hyderabad and Others

Court: Andhra Pradesh

Decided on: Mar-12-2001

Reported in: 2001(3)ALD166; 2001(3)ALT312

ORDERS.B. Sinha, CJ1. This appeal is directed against an order dated 1-8-2000 passed by a learned single Judge of this Court in WP No.35030 of 1998 whereby and whereunder the writ petition filed by the appellant herein was disposed of with certain directions. The said writ petition was filed by the petitioner herein praying for the following reliefs:'.....to issue a writ order or directions especially one in the nature of writ of mandamus declaring that the action of the respondents in issuing proceedings in RC No.P2/145(15)/98SNG dated 15-7-1998 as illegal, arbitrary and discriminatory, violative of Articles 14 and 16 of the Constitution of India and further declare that petitioner is entitled to be given an alternative appointment and pass such other order or further orders as this Hon'ble Court may deem fit and proper in the circumstances of the case. Direct the respondents to provide an alternative employment to the petitioner pending disposal of the writ petition and pass such oth...


Mar 12 2001

St. Mark Ntr, Gmkn and Mr. B. Ed. College, Narasaraopet Vs. Government ...

Court: Andhra Pradesh

Decided on: Mar-12-2001

Reported in: AIR2001AP433; 2001(2)ALT364

ORDERB. Sudershan Reddy, J. 1. The facts are tell-tale. The chronology of events leading to filing of these writ petitions would make it clear, beyond any doubt, that even the educational institutions are not spared of groupism and factional fights. One may be justified in entertaining a doubt as to whether these educational institutions are established for imparting any education at all to the needy. Valuable material and mental resources are already spent by the rival groups to gain control over the educational institution in question.2. The events and facts may as well provoke all the concerned to introspect as to the desirability of interlocutory interference in the matters relating to admission of students into educational institutions, grant of affiliation by the Universities and the conducting of examination. The interlocutory orders themselves more often than not create irreversible siutations.3. An internecine warfare between two groups in the educational society is apparent f...


Mar 12 2001

Koneti Lakshmi Thulasamma Vs. Gangavaram Veera Raghava Reddy

Court: Andhra Pradesh

Decided on: Mar-12-2001

Reported in: 2002(1)ALT114

ORDERV.V.S. Rao, J.1. The defendant is the petitioner herein. The plaintiff- respondent filed the suit being O.S.No. 413 of 1999 on the file of the Principal Junior Civil Judge, Cuddapah. The suit is one for eviction and possession. The case of the plaintiff in brief is that he is absolute owner under a registered sale deed dated 18-6-1992, that on the same day the husband of the petitioner was inducted as tenant for running a workshop, that the husband of the defendant closed the workshop in 1994 and left the country and thereafter the defendant is using the demised premises for the purpose other than for which it was let out and that after issuing notice dated 12-5-1999 under Section 106 of the Transfer of property Act, the suit has been filed.2. The petitioner herein has filed written statement denying the plaint allegations and also set up a sale deed dated 28-5-1975 allegedly in favour of the husband of the defendant. She also alleged that the sale deed dated 18-6-1992 is a nomina...


Mar 08 2001

R. Narender Goud and Others Vs. Andhra Pradesh Administrative Tribubal ...

Court: Andhra Pradesh

Decided on: Mar-08-2001

Reported in: 2001(2)ALD537; 2001(2)ALT521

ORDERS.B. Sinha, CJ1. Construction of G.O. Ms.No.32, Education (Rules) Department, dated 2-2-1988 and Government memo No. 1636/KK. 1/68-2, Education Department, dated 25-6-1968 falls for consideration in this writ petition which is directed against the judgment dated 2-12-1999 passed by A.P. Administrative Tribunal, Hyderabad in OA No.4672 of 1995.2. Petitioners herein are teachers working in various schools of the State whereas the respondent Nos.7 to 13 are the teachers of various schools run by Mandal Parishad or Social Welfare Department and the original official respondents are working in Tribal Welfare Ashram schools in Adilabad district. The six applicants (respondents herein) who filed the Original Application No.1320 of 1994 had at all material times and still are working in Tribal Welfare Ashram schools in Adilabad district. Out of them, original applicant Nos.1, 3, 5 and 6 were working as head masters while applicant Nos.2 and 4 were working as school assistants. By reason o...


Mar 08 2001

T. Ramachander Rao Vs. Union of India and Others

Court: Andhra Pradesh

Decided on: Mar-08-2001

Reported in: 2001(2)ALD634

ORDERS.B. Sinha, CJ1. In this wit petition which is in the nature of Public Interest Litigation, the petitioner who is a retired Superintending Engineer of the Government of Andhra Pradesh has prayed for the following reliefs: 'It is, therefore, prayed that this Hon'ble Court may be pleased to issue writ or direction more particularly one in the nature of writ of mandamus by calling for the records relating to the agreements entered by the erstwhile State of Hyderabad with regard to the sharing of Krishna, Godavari and Tungabhadra waters with that of erstwhile States of Andhra and Madras and Andhra Pradesh state with Maharashtra and Madhya Pradesh States together with the Bachawat awards relating to Godavari and Krishna rivers and declare the action of the respondents in not implementing the same as violative of Articles 14 and 21 of the Constitution of India and also violative of Section 108 of the State Reorganisation Act, 1956 and also violative of Directive Principles of State Poli...


Mar 08 2001

Management of Indian Airlines, Begumpet Sec'bad Vs. Industrial Tribuna ...

Court: Andhra Pradesh

Decided on: Mar-08-2001

Reported in: 2001(2)ALD625; 2001(2)ALT726

ORDERS.B. Sinha, CJ 1. This writ appeal by the Indian Airlines, represented by its Station Head, Begumpet, Secunderabad, is directed against the judgment and order dated 20-9-2000 passed by a learned single Judge of this Court in WP No. 13392 of 1999 whereby and whereunder the writ petition filed by the 2nd respondent herein was allowed in the following terms:'Therefore, I am satisfied that the finding of the Tribunal that the enquiry was fair and proper was not legal and not sustainable. The violation of the Standing Orders of the Company is writ at large to the extent that the petitioner was denied the right of defence. In these circumstances, I set aside the award of the Tribunal insofar as it relates to the finding that the enquiry was fair and proper and hold that the enquiry is vitiated by violation of the Standing Orders. The writ petition is accordingly allowed and the matter is remanded back to the Tribunal to adjudicate the dispute on the merits of the case leaving open to th...


Mar 08 2001

Chief Security Commissioner, SCR, RPF, Rail Nilayam, Sec'bad and Anoth ...

Court: Andhra Pradesh

Decided on: Mar-08-2001

Reported in: 2001(2)ALD678; 2001(3)ALT180

ORDERS.B. Sinha, CJ1. The writ appeals and the writ petitions being inter-related were taken up for hearing together and are being disposed of by this common judgment. 2. Writ Appeal No.1357 of 2000 and Writ Appeal No. 108 of 2001 are directedagainst the judgment of the learned single Judge in WP No.20664 of 1997. The said writ petition was filed by 27 persons who are working as Inspectors and Constables in the Fire Service Branch of Railway Protection Force at various divisions under South Central Railway, Secunderabad, for a declaration that the action of the appellants in promoting the staff in the Executive Branch of Railway Protection Force without fixing the inter se seniority of Fire Service and Executive Branches and also promoting/selecting the juniors in the original Fire Services on their transfer to the Executive Branch as illegal and arbitrary and for other and further consequential directions. It appears that during the pendency of the WP No.20664 of 1997, some of the pet...


Mar 08 2001

Kanaka Durga Electrical Works, Pedapudi and Others Vs. A.P. Electricit ...

Court: Andhra Pradesh

Decided on: Mar-08-2001

Reported in: 2001(2)ALD703

ORDER1. This writ petition is filed to issue a writ of mandamus declaring the Circular Memo No.SECY/ELB/F.Genl./92 dated Nil, March, 1992 sought to be implemented the decision arrived at the 42nd Board Meeting of the 1st respondent as illegal, arbitrary and against the provisions of A.P. Electrical Licensing Regulations, 1987, particularly having regard to Rules 5, 35 and 37 of the said Rules as well as Indian Electricity Rules, 1956 and pass such other orders which are deemed fit and proper in the circumstances of the case.2. The petitioners are ElectricalContractors and the first and second petitioners are B Grade licensees while the third petitioner is A grade licensee. It is stated that under G.O. Ms. No.1 Energy, Environment, Science and Technology (PR.II) Department dated 2-1-1987 under Rule 45 of the Indian Electricity Rules, 1956 the Andhra Pradesh Electrical LicensingRegulations, 1987 (for brevity the Rules, 1987) were issued providing for issuing licences to the electrical co...


Mar 08 2001

Sk. Ali and Others Vs. Managing Director, Bharat Heavy Plates and Vess ...

Court: Andhra Pradesh

Decided on: Mar-08-2001

Reported in: 2001(2)ALD674; 2001(2)ALD674; 2001(4)ALT615; 2001(4)ALT615; [2001(89)FLR697]; (2001)IILLJ96AP; (2001)IILLJ96SC

ORDERS.B. Sinha, CJ 1. These writ petitions being inter-related were taken up for hearing together and are being disposed of by this common judgment.2. The question which arises for consideration in these matters is the applicability of the provisions of Contract labour (Regulation and Abolition) Act, 1970 ('the Act' for brevity) in the fact situation of the present cases.3. The petitioners in all these petitions are working as contract labourers in Bharat Heavy Plates and Vessels Ltd., (BHPVL) Visakhapatnam having been engaged by their respective contractors.The petitioners in WP No.25930 of 1999 four in number are working in Civil Department. Petitioners 1 to 3 are said to be working for move than 20 years while petitioner No.4 is working for more than two years. In WP No.26098 of 1999, all the petitioners are working since 1980 in the Electrical Department while the petitioners in WP No.26098 of 1999 are working in Horticulture Department. According to the petitioners, all of them a...


Mar 08 2001

M. Sanjeeva Reddy Vs. A.P. Admininstrative Tribunal, Hyderabad and Oth ...

Court: Andhra Pradesh

Decided on: Mar-08-2001

Reported in: 2001(3)ALD89; 2001(3)ALT285

ORDERS.B. Sinha, CJ 1. This writ petition is directed against the order passed by the Andhra Pradesh Administrative Tribunal in OA No.38240 of 1991 and MA No.2349 of 1999 dated 13-10-1999.2. The 4th respondent herein filed OA No.38240 of 1991 before the A.P. Administrative Tribunal, wherein respondents 5 and 6 herein were impleaded as party respondents, for a direction to the respondents 2 and 3 herein to consider his case for promotion to the post of Assistant Commissioner of Endowments. He also filed a miscellaneous application being MA No.2349 of 1996 in the said OA to implead the writ petitioner herein as party to the said OA. It may also be noted that one Sri K. Satyanarayana filed OA No.38249 of 1991 for similar relief. Further, 4th respondent and K. Satyanarayana together filed OA No. l134 of 1999 before the Tribunal seeking a direction to the official respondents to prepare a finalseniority list by declaring them seniors to the petitioner in terms of an earlier judgment of the ...


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