Andhra Pradesh Court April 2003 Judgments
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Sk. Mahaboob Basha Vs. Government of A.P., Panchayat Raj and Rural Dev ...
Court: Andhra Pradesh
Decided on: Apr-07-2003
Reported in: 2003(3)ALT399
ORDERGoda Raghuram, J.1. The petitioner is the son of one Shaik Masthan Bi who died on 27-5-1998. Shaik Masthan Bi was appointed as Conductress in P.S. Elementary School. Gundlapalli, Nakarikallu Mandal, Guntur District on 12-7-1974 and continued in service till her superannuation i.e., till 30-6-1994, on reaching the age of 60 years. The 5th respondent herein submitted pension proposals to the Director of Local Fund, Hyderabad-3rd respondent for certifying her pensionery benefits, on 8-5-1995. The 3rd respondent returned the proposals along with Service Registers to the 5th respondent by the letter dt.21-8-1995 stating that as per G.O.Ms. No. 708 (Education) Department dt.28-5-1983 only those conductresses/ conductors whose appointment was prior to 18-1-1974 are eligible for pension and that the petitioner's mother was not eligible, as she was appointed on 12-7-1974, in the absence of any specific orders of the ' Government. The petitioner urges that his mother's services were convert...
S.D. Ganesh Vs. Union of India (Uoi) and ors.
Court: Andhra Pradesh
Decided on: Apr-04-2003
Reported in: 2003(3)ALT482
Bilal Nazki, J. 1. The petitioner filed an O.A being O.A. No. 276 of 1995 before the Tribunal which has been dismissed, therefore the Writ petition.2. The Writ petitioner was selected as Telecommunications Inspector by Railway Service Commission, Bombay during the year 1961. After completion of training as Apprentice Telecommunications Inspector he was absorbed in Bombay Division. Thereafter he was transferred to Sholapur. During the year 1966 consequent upon formation of South Central Railway he became employee of South Central Railway. He was promoted as Chief Inspector (now designated as Signal Inspector). Then he was promoted as Signal and Telecommunications Engineer on 11-3-1976 and was posted at Secunderabad. According to the petitioner, the said post was classified as Group 'B' Junior scale. Then again he was promoted as Divisional Signal and Telecommunications Engineer in Secunderabad Division. This post, according to the petitioner, was classified as Group 'B' Senior scale. Th...
K. Upender Reddy Vs. Director General, Acb and anr.
Court: Andhra Pradesh
Decided on: Apr-04-2003
Reported in: 2003(3)ALT551; 2003(2)LS1
Bilal Nazki, J. 1. This writ petition has been filed by a practising advocate of this Court in public interest. He wants that Section 19 of the Prevention of Corruption Act, 1988 (for short 'the Act') be declared as unconstitutional and violative of Articles 14 and 21 of the Constitution of India. He also wants a direction against the 1st respondent and his subordinate officers that they should not release the public servants who are arrested for commission of offences under Sections 7, 10, 11 and 13(e) of the Act on their executing personal bonds and it is violative of Article 14 of the Constitution of India. Counter has been filed. We have heard the learned counsel for the parties. 2. The challenge to Section 19 of the Act has not been seriously advocated and in fact, no arguments were addressed on this count. Section 19 of the Act lays down that in case of prosecution under the Act against public servant, previous sanction of the competent authority mentioned in the provision would ...
Tirumala Balaji Wines and ors. Vs. Commissioner of Prohibition and Exc ...
Court: Andhra Pradesh
Decided on: Apr-04-2003
Reported in: 2003(3)ALD227
ORDERV.V.S. Rao, J. 1. It is necessary to dispose of all the three writ petitions by a common order as common questions of fact and law arise for consideration. All the petitioners were granted licence in Form IL-24 under the A.P. Indian Liquor and Foreign Liquor Rules, 1970 (hereafter called 'the Rules') during the year 1998-99. The licences were renewed from time to time. The licence granted for the year 2001-2002 was to expire on 31-3-2002. In that context, the third respondent issued a notice dated 18-3-2002 informing the petitioners that the licence fee payable for the year 2002-2003 will be Rs. 4,50,000/-. By another notice dated 26-3-2002, the third respondent informed the petitioners that licence fee payable is Rs. 8,25,000/. They contend that the population of Dhone town is 46,611 and, therefore, the licence fee payable is Rs. 4,50,000/- only. The respondents are taking into consideration the population of Dharmavaram, Dhorapalli, Gosanipalli, Yerraguntla and Venkatanayanipall...
P. Singaiah Vs. Union of India (Uoi) and ors.
Court: Andhra Pradesh
Decided on: Apr-04-2003
Reported in: 2003(3)ALD504; 2003(3)ALT433
G. Yethirajulu, J 1. This is a matter referred by a learned Single Judge of this Court through his order dated 23-1-2003 to clarify on the point whether Section 11 of the Central Reserve Police Force Act, 1949 ('the Act' for brevity) deals with the penalty of dismissal from service and empowers the concerned authorities to impose the punishment of dismissal by invoking the powers under Section 11(1) of the Act. 2. This writ petition is filed by a Constable in the Central Reserve Police Force ('CRPF') who was imposed a punishment of dismissal from service. A departmental enquiry under Section 11(1) of the Act was conducted against him alleging that he committed an act of misconduct and disobedience of the orders in his capacity as a member of the Force by way of overstaying from 19-4-1997 indefinitely, after applying for one day causal leave on 18-4-1997, without prior permission or sanction from the competent authority. The 3rd respondent (disciplinary authority) passed an order on 7-4...
Deputy General Manager, Canara Bank and anr. Vs. A. Rama Rao
Court: Andhra Pradesh
Decided on: Apr-04-2003
Reported in: 2003(3)ALD463; 2003(3)ALT424; (2003)IIILLJ400AP
Dr. G. Yethirajulu, J.1. This appeal is directed against the judgment of a learned Single Judge of this Court dated 1-9-1998 in W.P.No. 12916 of 1990 by granting the relief in the nature of certiorari setting aside the order of punishment imposed by the appellate authority against the writ petitioner on the ground that he produced a fabricated letter in support of his false claim as a Scheduled Tribe candidate.2. The respondents in the writ petition being aggrieved by the order of the learned Single Judge preferred this appeal challenging its validity and legality.3. On 11-4-1977 the writ petitioner was appointed as a Clerk in Canara Bank in the quota meant for Scheduled Tribe candidates on production of a false certificate that he belongs to Scheduled Tribe. His probation was declared on 11-10-1977. Subsequently he was promoted to Officer Grade and was also confirmed in the said cadre on 18-4-1985. In the year 1985 the Bank received an anonymous complaint that the petitioner do not be...
Nanjala Bayamma Vs. Revenue Divisional Officer and anr.
Court: Andhra Pradesh
Decided on: Apr-04-2003
Reported in: 2003(3)ALD500; 2003(3)ALT585
ORDERV.V.S. Rao, J. 1. The petitioner assails the notification issued by the first respondent dated 15-2-1997 inviting applications from physically handicapped women (PHC women) for being appointed as fair price shop dealer and for being granted authorization as such dealer under the A.P. Scheduled Commodities (Regulation of Distribution by Card System) Order, 1973 ('the Control Order' for brevity). This Court by an order dated 27-2-1997 directed that selections in pursuance of the notification dated 15-2-1997 shall not be finalised. 2. It is the case of the petitioner that she belongs to Pallipadu Village in Khammam District. A vacancy of dealer of fair price shop No. 2 arose in the said village. The first respondent issued notification dated 29-1-1997 inviting applications and the petitioner was one of the candidates. However, on a representation being made by the Sarpanch that there was no proper publicity about the notification, the first respondent cancelled the notification dated...
T.V. Rajagopala Rao Vs. Additional Director, Central Government Health ...
Court: Andhra Pradesh
Decided on: Apr-04-2003
Reported in: 2003(3)ALD476; 2003(3)ALT632
Bilal Nazki, J. 1. Heard the learned Counsel for the parties. Since there is no dispute on facts therefore the matter was heard at the admission stage with the consent of the learned Counsel for the parties.2. The petitioner had worked in the judiciary in different capacities including as District and Sessions Judge. Thereafter, in 1980 he was appointed as Member of the income Tax Appellate Tribunal and was posted at Delhi. He worked at various places including Hyderabad and Chennai. He was elevated to the post of President, Income Tax Appellate Tribunal in 1993 and he retired from service on attaining the age of superannuation on 8-12-1999 while he was serving at Mumbai. He and his family, as a condition of service, had health cover under Central Government Health Scheme and this cover continues even after his retirement. On 4th January, 2000 he felt some pain in chest, reported to the Central Government Health Scheme (CGHS) Dispensary at Himayatnagar, Hyderabad. It was revealed to hi...
Chintala Venkata Satyanarayana Rao Vs. Chintala Syamala
Court: Andhra Pradesh
Decided on: Apr-04-2003
Reported in: AIR2003AP322; 2003(3)ALD637; 2003(3)ALT577
K.C. Bhanu, J.1. This appeal is directed against the judgment and decree, dated 28.2.1997, in O.P. No. 75/1995 on the file of the learned Family Court-cum-IV Additional District and Sessions Judge, Vijayawada. 2. Appellant herein filed the above petition under Sections 13(1)(i), 13(1)(ia) and 13(1)(ib) of the Hindu Marriage Act, 1955, for dissolution of his marriage with the respondent alleging that his marriage with the respondent was solemnized according to Hindu Dharma Sastras and Caste Customs on 4.5.1984 at Tiruvuru. The marriage was consummated. Appellant and respondent led marital life at Vijayawada for sometime and thereafter petitioner got employment as Assistant Professor in Vasavi Engineering College, Hyderabad. Therefore, they shifted to Hyderabad in the month of March/April, 1985. During their lawful wedlock, they were blessed with a female child on 20.9.1985. The father of respondent acquired extensive movable and immovable properties in and around Tiruvuru. Since appella...
United India Insurance Company Limited Vs. Sudini Indira and ors.
Court: Andhra Pradesh
Decided on: Apr-04-2003
Reported in: 2004ACJ2031; 2003(3)ALD753
P.S. Narayana, J.1. The substantial question of law raised in the present Civil Miscellaneous Appeal preferred by the 2nd Opposite Party - United India Insurance Company Limited, represented by its Regional Manager, Regional Office, Basheerbagh, Hyderabad, against the order made in W.C.No. 22/2001 is, whether the Commissioner for Workmen's Compensation is justified in awarding compensation though the admitted facts go to show that the death of the workman was not arising out of employment though it may be in the course of employment.2. The respondents/claimants filed C.M.P. No. 5334/3003 to vacate the interim order dated 18-2-2003 made by this Court in C.M.P. No. 3810/2003. At the request of both the Counsel, the main Civil Miscellaneous Appeal itself is taken up for final disposal at this stage.3. The facts in brief are that one S. Manipal Reddy, resident of Cherukupally village, Diddi Mandal, Nalgonda District worked as truck driver under Opposite Party No. 1 in W.C.No. 22/2001 on th...
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