Andhra Pradesh Court March 2001 Judgments
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K. Gnanamba Vs. Union of India and Others
Court: Andhra Pradesh
Decided on: Mar-16-2001
Reported in: 2001(2)ALD699
ORDERS.B. Sinha, CJ1. This writ petition has been filed by the wife of K. Srinivasan since deceased claiming pensionary benefits. The petitioner's husband joined as casual labourer and worked in that capacity in the construction wing from 1-1-1956 to 31-3-1973. He was appointed as regular lascar from 1-4-1973 and retired on 31-7-1978. He was not given any pensionary benefits. He filed OA No.1230 of 1998 before the Central Administrative Tribunal. During pendency of the said application he died on 29-3-1999 and the petitioner herein was substituted in his place. The learned Tribunal in the impugned order dated 27-9-1999 rejected the submission of the petitioner herein in the following terms:'7. ..... The applicant cannot request forcounting the period of casual service for the purpose of pension. It is further stated in the reply that the judgment of the Apex Court in Civil Appeal No.4643 Of 1992 dated 26-4-1998 (Union of India v. KG. Radha Krishna Phanikhar and others) had confirmed th...
Regional Dy. Director of Women and Child Welfare, Kurnool and Another ...
Court: Andhra Pradesh
Decided on: Mar-16-2001
Reported in: 2001(3)ALD1; 2001(3)ALT341
ORDERS.B. Sinha, CJ1. The 1st respondent herein was appointed as sewing and tailoring instructor in Panchayat Raj Department on payment of a consolidated sum of Rs.300/- pm. She was retrenched. She thereafter made a representation to the District Collector, Cuddapah and although the District Collector was not an appointing authority he directed the Regional Deputy Director of Women and Child Welfare, Kurnool to allot her in any one of the vacant posts of organizers in Cuddapah district inthe District Women and Child Welfare Office as instructor in sewing and tailoring. Despite the same she had not been absorbed as organiser. Thereafter the 1st respondent filed the original application before the learned Tribunal being numbered as 1292 of 1994. The said application was disposed of directing the respondents therein to absorb her in one of the existing vacancies under the control of the Regional Deputy Director of Women and Child Welfare, Kurnool. She was appointed as matron by proceeding...
G. Veeraiah Vs. Government of Andhra Pradesh and Others
Court: Andhra Pradesh
Decided on: Mar-16-2001
Reported in: 2001(3)ALD25; 2001(3)ALT536
ORDERS.B. Sinha, CJ1. This writ petition is directed against an order dated 30-4-1999 passed by the Andhra Pradesh Administrative Tribunal in OA Nos.2196 of 1993 and 7066 of 1997.2. The basic fact of the matter is not in dispute. The petitioner was appointed as Junior Assistant in Pothukatla Gram Panchayat. His services have been regularised by the District Panchayat Officer, Ongole by a proceeding dated 19-5-1984 with effect from 6-7-1981. He was put on probation and said to have been successfully completed his period of probation w.e.f. 5-7-1983. At his request, by proceedings of the Collector dated 6-2-1989 he was transferred to the Unit of the District Panchayat Officer. However, subsequently, by a proceeding dated 17-9-1990 he was reverted to his parent unit of Gram Panchayat.Petitioner challenged the said order before the Tribunal in OA No.58182 of 1990.On a clarification sought by the District Panchayat Officer, the Government in its Memo No.57524/Estt.DO/92-2, dated 17-10-1992 ...
B. Panduranga Rao Vs. Regional Joint Director, Sericulture, Visakhapat ...
Court: Andhra Pradesh
Decided on: Mar-16-2001
Reported in: 2001(3)ALD117; 2001(2)ALT667
ORDERS.B. Sinha, CJ.1. The question which arises for consideration in this writ application is as to whether the test required to be passed for holding the post of foreman is a technical qualification or not. The petitioner was promoted as foreman on 15-6-1992 subject to the condition that he should pass Sericulture departmental test within the prescribed period. As he failed to pass the said test he was reverted by proceedings in RC No.732/99-B, dated 9-6-1999 whereafter he filed the original application before the learned Tribunal the judgment whereof is under challenge before this Court. The Tribunal did not go into the question as to whether the said test is a technical test or not but directedthe petitioner herein to file a detailed representation with a further direction to the State Government to consider and dispose of the same keeping in view the interim order passed by this Court. The aforementioned question, however, has been considered by a Bench of this Court in Director o...
Esi Corporation, Hyd. Vs. B.L. Narasimham and Another
Court: Andhra Pradesh
Decided on: Mar-16-2001
Reported in: 2001(3)ALD198; 2001(3)ALT289
ORDERS.B. Sinha, CJ.1. This writ application raises an interesting question as to the propriety of a disciplinary authority to impose punishment although in the meantime he had been promoted. 2. The 1st respondent herein was working as Assistant under the petitioner-Corporation. A disciplinary proceeding was initiated against him. He was punished by an order passed by one Mr. O. Abdul Hameed on 23-11-1999. He preferred an appeal there-against which was disposed of by one Mr. S.N. Tiwari, Additional Commissioner, (P&A;) by an order dated 16-6-2000. He allegedly filed another representation but the same had not been brought in the records before the learned Tribunal. Admittedly the disciplinary authority of the 1st respondent is the Regional Director, The said Mr. O. Abdul Hameed was holding the said office. He was promoted to the post of Additional Commissioner on 27-9-1999. The said order of promotion reads thus: 'The Director General has ordered the promotion of Sri P. Abdul Hameed, R...
M.V. Chalapathi Rao and Others Vs. State of A.P. and Another
Court: Andhra Pradesh
Decided on: Mar-16-2001
Reported in: 2001(3)ALD3; 2001(3)ALT36
ORDERS.B. Sinha, CJ.1. This appeal by the appellants-writ petitioners is directed against the Judgment dated 19-1-2001 passed by a learned single Judge of this Court, whereby and whereunder the writ petition filed by the appellants herein claiming the following reliefs : (a) to declare that the provisions of paras 7 to 10 of G.O. Ms. No.242 (Finance and Planning FW/Pen/I) Dept., dated 4-5-1990 fixing a cut off date on 31-3-1990 and confining the benefit of revision of gratuity to Rupees one lakh to persons who retired on or after that date is without jurisdiction, invalid, illegal, arbitrary, unconstitutional and violative of Article 14 of the Constitution of India. (b) to further declare that all the petitioners are entitled to the said benefit of enhanced gratuity and to receive from the Government the difference of amount payable to them between the amount of gratuity drawn by them and the enhanced gratuity of Rs.1 lakh. (c) to direct the respondents to pay the said difference of ...
P. Ramasree Vs. Superintending Engineer, R and B Circle, Guntur and An ...
Court: Andhra Pradesh
Decided on: Mar-16-2001
Reported in: 2001(3)ALD150; 2001(3)ALT499; [2001(90)FLR275]
ORDERS.B. Sinha CJ.1. The petitioner was appointed on 28-5-1993 as tracer. A retrenchment notice was served on her on 30-6-1999 on the ground of want of vacancy but she was not relieved. The said notice of retrenchment was cancelled and she was directed to be retained in N.H. Division, Guntur. She was sought to be retrenched again on 29-11-1994 by the Superintending Engineer, R & B Circle, Guntur having regard to the judgment of the Administrative Tribunal in the case of Sri K. Baladas stating: 'In view of the judgment delivered by the Hon'ble A.P. Administrative Tribunal in the reference cited, Sri K. Baladas, Tracer who is continued under supernumerary in Electrical Division, Guntur is transferred and posted to (R & B) N.H. Division, Guntur in place of Smt P. Ramasree, Tracer. Smt P. Rama Sree, Tracer of (R & B) N.H. Division, who is the junior-most in the circle is now retrenched as there is no vacancy to continue both candidates and in view of the judgment cited above and is surren...
Shaik Mahaboob Basha Vs. Divisional Railways Manager, Sc Railways, Vij ...
Court: Andhra Pradesh
Decided on: Mar-16-2001
Reported in: 2001(3)ALD163; 2001(3)ALT198
ORDERS.B. Sinha, CJ.1. At the request of the learned Counsel for the parties, the writ petition itself is taken up for hearing. 2. Questioning the order dated 24-3-1994 passed by the learned Central Administrative Tribunal, Hyderabad in OA No.1500 of 1993, the petitioner herein has preferred this writ petition. In the said OA., the petitioner herein prayed for an appointment in the Office of the respondents - Railways on compassionate grounds. 3. The learned Counsel appearing on behalf of the petitioner submits that while in service, the father of the petitioner, Shaik Abdul Bashir, a Pointsman in SC Railways, Tarlapadu in Prakasham District, died on 11-6-1970 and at that time the petitioner was one year old. The learned Counsel would urge that as the petitioner has attained majority, he gave representations to the competent authority on 2-9-1988, 12-4-1990, 29-7-1990 and 22-7-1991. Since the respondents have not taken any action on his representations, the petitioner filed OA No.1500 ...
Divisional Raillway Manager (Private) S.E. Railway, Vkisakhapatnam and ...
Court: Andhra Pradesh
Decided on: Mar-16-2001
Reported in: 2001(3)ALD379
ORDERS.B. Sevha, CJ 1. The writ petition is directed against an order dated 16-7-1998 passed by the Central Administrative Tribunal, Hyderabad in Review Application No.63 of 1997 arising out of original Application No.9I6 of 1994 whereby and wherennder the review application filed by the petitioners herein was dismissed.2. The 1st respondent herein was appointed as casual labourer under IOW, South Eastern Railway, Waltair with effect from 16-3-1966. He was appointed as a diesel cleaner with effect from 20-7-1968. He claimed his seniority on that basis from 20-7-1968. It appears that the learned Counsel for the petitioners herein had contended before the learned Tribunal that all the material papers had been misplaced. The learned Tribunal did not consider the issue before it even in the absence of the records and directed that the seniority of the 1st respondent herein should be counted from 1972 stating that the same shall not be treated to be a precedent.3. Having regard to the fact ...
P. Ramachandra Reddy Vs. C. Desamma
Court: Andhra Pradesh
Decided on: Mar-16-2001
Reported in: 2001(3)ALD348; 2001(3)ALT485
ORDER1. The tenant filed this CRPagainst the order of the Principal Subordinate Judge-cum-Rent Control Appellate Tribunal, Tinipathi dated 22-11-1997 made in CMA No.2 of 1996 confirming the order of the Rent Controller, Tinipathi in RCC No.22 of 1990, dated 29-12-1999.2. The respondent who is the landlady filed eviction before the Rent Controller, Tirupathi which was initially numbered as RCC No.5 of 1981 and it was transferred to Rent Controller, Pakala and numbered as RCC No.2 of 1988 and again it was re-transferred to the file of Rent Controller, Tirupathi and renumbered as RCC No.22 of 1990. The parties herein after are referred to as arrayed in the RCC No.22 of 1990 before the Rent Controller. The petitioner herein is referred to as the 'tenant' and the respondent herein is referred to as 'landlady. The landlady filed the petition under Section 10(3)(a)(i)(a) and 10(2)(i)(vi) of the A.P. Buildings (Lease, Rent and Eviction) Control Act, 1960 (hereinafter referred to as 'the Act') ...
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