Andhra Pradesh Court April 2002 Judgments
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Bodepati Venkaiah Vs. A.P. Power Transmission Corporation, Hyd. and or ...
Court: Andhra Pradesh
Decided on: Apr-12-2002
Reported in: 2002(4)ALD306
ORDERP.S. Narayana, J. 1. The writ petition is filed for writ of mandamus or any appropriate writ declaring the action of the Member-Secretary, A.P.S.E.B./1st respondent herein contained in proceedings No.CE/ENQ/ DM.XX/1750-Q2/91-22 dated 16.1.1997 purporting to impose punishment of compulsory retirement on the petitioner in exercise of disciplinary power pursuant to the charge-sheet dated 6.11.1993, as arbitrary and without jurisdiction and consequently direct the respondents to reinstate the petitioner in service as Helper/ALM with all consequential benefits including arrears of wages and grant such other suitable relief.2. The facts in brief are as follows:3. The petitioner joined the service of the then A.P.S.E.B as Helper in the year 1984 and ha worked as Helper in piduguralla Section under the control of Divisional Electrical Engineer, Operation, Narsaraopet from 1985 to 1992. It is further stated that the duty of the Helper is to assist the Lineman and Helper does not have the a...
Edubilli Appamma Vs. Idubilli Ramulu and ors.
Court: Andhra Pradesh
Decided on: Apr-12-2002
Reported in: 2002(5)ALD64; 2002(6)ALT542
ORDERJ. Chelameswar, J. 1. One Smt. Balaga Bangaramma, second respondent herein, died during the pendency of appeal in AS No. 7 of 1990 on the file of learned Senior Civil Judge, Bobbili, who filed OS No. 143 of 1968 for partition of the suit schedule property. The first respondent herein was the second defendant in the said suit along with certain other defendants who are not parties to the present revision petition. Admittedly, the suit was decreed. Thereafter, IA No. 1033 of 1975 was filed by the decree-holder for a final decree and the same was also allowed. Aggrieved by the said decree, the first respondent herein carried the matter in appeal in AS No. 54 of 1978 on the file of learned Subordinate Judges Court, Parvathipuram. It is pertinent to mention that subsequently, the appeal came to be transferred to the Court of the Subordinate Judge, Bobbili and renumbered as AS No. 7 of 1990. It appears that the decree holder died during the pendency of the first appeal. Thereafter, the ...
G.R. Satyanarayana Vs. the Secretary to Government, General Administra ...
Court: Andhra Pradesh
Decided on: Apr-12-2002
Reported in: 2002AIHC4012; 2002(4)ALT120; 2002(2)LS161
ORDERG. Rohini, J. 1. The plaintiff in O.S.No.1102 of 1995 on the file of the Court of the V Senior Civil Judge, City Civil Court, Hyderabad, filed this Civil Revision Petition being aggrieved by the order dated 3.10.2001 in I.A.No.1348 of 2001 condoning the delay of 379 days in filing the application for setting aside the ex parte decree obtained by him. 2. The relevant facts briefly are as follows:The Revision Petitioner filed O.S.No.1102 of 1995 against the Government of Andhra Pradesh and the respondents 2 and 3 herein seeking recovery of Rs.96,800/- by way of damages together with interest 18% p.a. The said suit was decreed ex parte on 28.7.2000 since the defendants failed to file written statements. Thereafter on 6.9.2001 the State of Andhra Pradesh, the first defendant, filed an application under Order 9 Rule 13 of CPC to set aside the ex parte decree along with I.A.No.1348 of 2000 seeking to condone the delay of 379 days in filing the application under Order 9 Rule 13 of CPC.In...
General Manager, South Central Railways Vs. K. Bhuvaneshwari
Court: Andhra Pradesh
Decided on: Apr-12-2002
Reported in: 2002(4)ALT283a
V. Eshwaraiah, J.1. The South Central Railway, Secunderabad, represented by its General Manager filed this Civil Miscellaneous Appeal against the orders passed by the Railway Claims Tribunal, Secunderabad Bench at Secunderabad in O.A.A. No. 113 of 1995 dated 22-7-1996 in allowing the application of the respondent herein claiming a compensation of Rs. 2 lakhs payable by the appellant herein for the death of her husband in the railway accident.2. The respondent herein filed the above application claiming compensation from the appellant herein for the death of her husband one Srinivasa Sastri alleging that her husband fell down accidentally from Train No. 7007 Godavari Express at Lallaguda Workshop near Secunderabad Station and died and that the Ticket carried by the deceased was lost.3. In support of her claim, the respondent-applicant herself got examined as P.W.1 and also examined one of her relatives as P.W.2 and got marked the FIR as Ex.A-2, the Inquest Report as Ex.A-3, postmortem r...
Chandrasekhar Survey Vs. Ramesh
Court: Andhra Pradesh
Decided on: Apr-12-2002
Reported in: 2002(3)ALT546
ORDERG. Rohini, J.1. These two Civil Revision Petitions which arise out of a common order are heard and decided together.2. The plaintiff in O.S.No. 633 of 1986 on the file of the court of the VI Senior Civil Judge, City Civil Court, Hyderabad, filed these two Revisions aggrieved by the common order of the Court below in rejecting two interlocutory applications filed by him seeking permission to amend the plaint and to reopen the suit.3. The facts which are not in dispute and which are relevant for the purpose of these two Revisions are as follows.4. Pending O.S.No. 633 of 1986, the defendant filed R.C.No. 1064 of 1986 on the file of the Court of the III Additional Rent Controller, Hyderabad seeking eviction of the plaintiff from the suit schedule premises. The said petition has been allowed and in execution of the decree, the defendant obtained possession of the suit schedule premises on 7-8-1992.5. In O.S.No. 633 of 1986 after evidence of both sides was completed and the matter was c...
General Manager, South Central Railway Vs. K. Bhuvaneshwari
Court: Andhra Pradesh
Decided on: Apr-12-2002
Reported in: 2003ACJ1860
V. Eswaraiah, J.1. The South Central Railway, Secunderabad, represented by its General Manager filed this civil miscellaneous appeal against the orders passed by the Railway Claims Tribunal, Secunderabad Bench at Secunderabad in O.A.A. No. 113 of 1995 dated 22.7.1996 in allowing the application of the respondent herein claiming a compensation of Rs. 2,00,000 payable by appellant herein for the death of her husband in the railway accident.2. The respondent herein filed the above application claiming compensation from the appellant herein for the death of her husband one Srinivasa Sastri alleging that her husband fell down accidentally from train No. 7007 Godavari Express at Lallaguda Workshop near Secunderabad Station and died and that the ticket carried by the deceased was lost.3. In support of her claim, respondent-applicant herself got examined as PW 1 and also examined one of her relatives as PW 2 and got marked the F.I.R. as Exh, A-2, the inquest report as Exh. A-3, postmortem repo...
Executive Engineer, Penstock Fabrication and Erection Division, Cuddap ...
Court: Andhra Pradesh
Decided on: Apr-11-2002
Reported in: 2002(3)ALD516; (2002)IIILLJ1AP
S.R. Nayak, J.1. The Government of Andhra Pradesh represented by its Secretary, Irrigation and Power Department and other authorities in the said department have filed this writ appeal questioning the correctness of the order of the learned single Judge dated 10-7-1990 made in Writ Petition No.7902 of 1985 affirming the order of the Labour Court, Guntur dated 11-9-1984 made in Miscellaneous Petition No.77 of 1982. The respondents 1 to 51 herein filed the above MP No.77 of 1982 before the Labour Court under Section 33-C(2) of the Industrial Disputes Act, 1947 (for short 'the Act') claiming the difference of wages in terms of G.O. Ms. No.242, Major Projects Department, dated 1-6-1977 with effect from 30-4-1976 consequent upon the issuance of G.O. Ms. No. 163, Irrigation (Projects-Wing) Department, dated 11-5-1982 extending the benefit of G.O.Ms.No.242, dated 1-6-1977 to the direct recruits working in the Penstock Fabrication and Erection Division, Cuddapah.2. The facts leading to the fil...
Agricultural Markets Committee, Guntur Vs. Government of A.P. and ors.
Court: Andhra Pradesh
Decided on: Apr-11-2002
Reported in: 2002(3)ALD659
ORDERV.V.S. Rao, J. 1. The A.P. State Agricultural Markets Weighmen's Union ('Union'), Guntur and its President are the petitioners in W.P. No. 6182 of 2002. The Union filed the present writ petition seeking a declaration that the action of the Agricultural Market Committee, Guntur ('AMC' for brevity) in granting licence to additional weighmen without allegedly following the procedure laid down in the Circular issued by the Director of Marketing in Re. No. 1 (1) 816 of 2000, dated 29-5-2000 is illegal and arbitrary.2. This Court admitted the writ petition on 22-2-2002 and by an order of even date in WPMP No. 3346 of 2002 restrained the AMC, Guntur from granting licences to additional weighmen until further orders. The AMC is now before this Court with an application being WVMP. No. 828 of 2002 praying to vacate the interim order dated 22-2-2002.3. The case of the petitioner union is as follows. There are 109 weighmen working in the AMC, Guntur. There is no increase in the arrivals of c...
K. Pradeep Vs. Jawaharlal Nehru Technological University, Hyderabad an ...
Court: Andhra Pradesh
Decided on: Apr-11-2002
Reported in: 2002(3)ALD667; 2002(3)ALT794
A.R. Lakshmanan, C.J. 1. Heard Smt. G. Jyothi Eswar, the learned Counsel for the appellant, Sri C. Kodandaram the learned Standing Counsel for the Jawaharlal Nehru Technological University-1st respondent and Sri V.T.M. Prasad the learned Standing Counsel for SCR Engineering College-2nd respondent. This appeal is directed against the order passed by R. Ramanujam, J., in Writ Petition No. 24410 of 2001, dated 28-11-2001, on the ground that the appellant had not put in required attendance and, therefore, no positive direction could be issued to the respondents to permit him to appear for the examination.2. The writ petition was filed by the appellant for a mandamus declaring the action of the SCR Engineering College in publishing the impugned circular dated 19-11-2001 detaining him from appearing for the first semester of III year B.Tech examination without computing the attendance of the appellant in sports classes as illegal, arbitrary and capricious. The appellant was studying in the I...
Commissioner, Municipal Corporation of Hyderabad, Hyd. Vs. Labour Cour ...
Court: Andhra Pradesh
Decided on: Apr-11-2002
Reported in: 2002(3)ALD663; [2002(94)FLR300]
ORDERP.S. Narayana, J. 1. The writ petition is filed for a writ of certiorari calling for records relating to and connected with the award dated 14-8-1995 in ID No. 649 of 1993 on the file of the first respondent and quash the same and to pass such other suitable order.2. The Commissioner of the Municipal Corporation of Hyderabad is the writ petitioner. It is stated that the second respondent herein, hereinafter referred to as 'the workman', was engaged by the Municipal Corporation of Hyderabad, hereinafter referred to as 'the Corporation', on 1-9-1988 to do garden work on daily wage basis and he was being paid wages whenever he attended the work. It is also stated that the workman was very irregular and worked upto 30-9-1990 and absented a number of times from 1-9-1988 to 30-9-1990 and he never worked for a continuous period of more than 240 days at any spell and he used to absent himself without any prior permission or leave and he attended the work whenever it was convenient for him...
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