Andhra Pradesh Court April 2008 Judgments
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Bethampudi Leela Kumari and ors. Vs. A.P. Social Welfare Residential E ...
Court: Andhra Pradesh
Decided on: Apr-22-2008
Reported in: 2008(4)ALD458
ORDERL. Narasimha Reddy, J.1. The petitioner challenges the memo, dated 6.12.2007, whereunder the 2nd respondent directed the respective institutions, in which the petitioners are working, to deduct the entire House Rent Allowance (HRA).2. The petitioners are employed in different capacities, in the Andhra Pradesh Social Welfare Residential Educational Institutions, and all of them are working in the Residential Junior College at Vatluru of West Godavari District. Since it is a residential institution, all of them are provided accommodation, by the Educational Institutions Society, the 1st respondent herein. Rents fixed from time to time for the building, are being deducted from the salaries of the petitioners. At a meeting of the Zonal Office held on 15.11.2007, the 1st respondent is said to have directed that the actual HRA, being paid to the employees, must be deducted, instead of rents fixed for the quarters.3. Sri G. Vidya Sagar, learned Counsel for the petitioners, contends that ...
Gram Panchayat and anr. Vs. Kanagala Gram Rajaka Abhivrudhi Samastha a ...
Court: Andhra Pradesh
Decided on: Apr-22-2008
Reported in: 2008(5)ALD110; 2008(5)ALT66
P.S. Narayana, J.1. This Court on 19.9.1997 made the following order in the second appeal.In view of the substantial questions of law raised under Nos. (a) to (f) of Memorandum of grounds of second appeal, the second appeal is admitted.On the said date this Court also made the order in CMP No. 14101 of 1997 as hereunder:Respondents shall not interfere with supply of water to the villagers from Ganganamma Cheruvu through overhead tank and pipelines. Both parties are restrained from catching or disposing the fish.2. However, learned Counsel representing appellants-Gram Panchayat, represented by its Executive Officer and Sarpanch of Gram Panchayat, Kanagala, would maintain that the only substantial question of law which would arise for consideration in this second appeal is as hereunder:Whether the findings recorded by the appellate Court be sustained in the light of different provisions of the Andhra Pradesh Gram Panchayat Act, 1964 (hereinafter in short referred to as 'the Act' for the ...
Peddamatam Siddamma and ors. Vs. M. Veeraiah
Court: Andhra Pradesh
Decided on: Apr-22-2008
Reported in: 2008(5)ALD716
P.S. Narayana, J.1. On 19.9.1997 itself in CMP No. 13982 of 1997, interim stay was granted subject to condition of the appellant depositing costs within four weeks from today.2. The substantial questions of law, on the strength of which the second appeal had been admitted, as specified above, are as hereunder:(1) Whether the Courts below are right in entertaining a suit for declaration of title and possession when, certificate is granted under the A.P. Inams Abolition (TA) Act, 1955, when title is granted by the competent authority under the Act, whether the suit is barred under the Act.(2) Whether the Courts below committed an error of law in decreeing the suit basing on revenue records such as Ex.A.16, Ex.A.21, Ex.A.22 and Ex.A.24. Whether the Courts erred in not following the settled principles of law as laid down by the highest Court of the land, that the revenue records maintained for the purpose of collecting land revenue do not confer any title as laid down in 1996 (6) Supreme 3...
Barla Rami Reddy and ors. Vs. Government of Andhra Pradesh Rep. by Its ...
Court: Andhra Pradesh
Decided on: Apr-21-2008
Reported in: 2008(3)ALD752; 2008(3)ALT336
C.V. Nagarjuna Reddy, J.1. These three Writ Petitions raise common issues of facts and law. Hence, they are being disposed of together.2. The petitioner in Writ Petition No. 18757 of 2007 owns an extent of Ac.6.20 guntas; the petitioners in Writ Petition No. 14062 of 2007, who are two in number, together own Ac.9.39 guntas; and the four petitioners in Writ Petition No. 22052 of 2007 together own about Ac.4.19 guntas in various survey numbers of Narsingi village, Rajendra Nagar' Mandal, Ranga Reddy District.3. Respondent No. 1 initiated proceedings under the Land Acquisition Act, 1894 (for short 'the 1894 Act') for acquisition of the above-mentioned extents of lands, along with the lands belonging to others, for the purpose of construction of Outer Ring Road (for short 'the ORR'). For the lands covered by Writ Petition Nos. 18757 and 14062 of 2007, notification under Section 4(1) of the 1894 Act was issued on 4-4-2006; declaration under Section 6 of the 1894 Act was published on 6-4-200...
M. Ramaiah Vs. the Singareni Collieries Company Ltd. Rep. by Its Chair ...
Court: Andhra Pradesh
Decided on: Apr-21-2008
Reported in: 2008(4)ALD696; 2008(5)ALT21
ORDERL. Narasimha Reddy, J.1. The petitioner joined the service of Singareni Collieries as Temporary Tunnel Mazdoor, on 27.4.1973. Subsequently, he was drafted as General Mazdoor on 1.4.1976 and promoted as Charger Safety Lamp on 1.6.1977. Thereafter, he earned promotion as Lamp Room Fitter, with effect from 1.4.1989, and at present, he is working in that capacity. Through proceedings dated 6.10.2003, the respondents informed the petitioner that his date of birth was confirmed as 14.3.1949, on the basis of the medical examination, and that he would attain the age of superannuation on 14.3.2009. This was followed by another communication, dated 4.1.2008, wherein it was informed that he would retire on 14.3.2009, extended to last working day i.e. 31.3.2009, on attaining the age of 60 years.2. Petitioner contends that he studied up to HSC, and in the certificate issued by the competent authority, the date of birth was mentioned as 1.2.1951, and the same was reflected in the important reco...
Dr. Sarah Hithavachani and anr. Vs. Tirumala Tirupati Devasthanams and ...
Court: Andhra Pradesh
Decided on: Apr-21-2008
Reported in: 2008(4)ALD420; 2008(4)ALT791
ORDERL. Narasimha Reddy, J.1. The petitioners were appointed as Junior Lecturers in Sri Padmavathi Degree College on 18.8.1975 and 19.1.1976, respectively. The college is established and administered by Tirumala Tirupati Devasthanams. The service conditions of the petitioners are governed by the Rules framed under the A.P. Education Act, as well as the orders issued by the Government, from time to time.2. The Government issued G.O. Ms. No. 1072, Education (W) Department, dated 26.11.1976, providing for revision of Pay Scales, to the affiliated Degree and Post-Graduate Colleges. One of the measures indicated therein was, the merger of the posts of Junior Lecturers, Lecturers, Senior Lecturers, etc. into one category of Lecturer, and to fix a Pay Scale of Rs. 700-1,600/- for that post. The measure was to come into force, with effect from 1.4.1976, subject to the condition that the candidate must have completed five years of service. The period of 5 years was subsequently reduced to 3 yea...
Depot Manager, Apsrtc and anr. Vs. Vallabhaneni Ramu and anr.
Court: Andhra Pradesh
Decided on: Apr-21-2008
Reported in: 2008(4)ALD703; 2008(4)ALT645; [2008(119)FLR120]
ORDERL. Narasimha Reddy, J.1. These two writ petitions are filed, in relation to an award dated 7.6.2005, passed by the Labour Court, Guntur, in I.D. No. 135 of 2000. For the sake of convenience, the parties are referred to, as arrayed in W.P. No. 7814 of 2008.2. The petitioner is employed as a driver in the Avanigadda Depot of APSRTC. On 29.9.1998, he was driving an Express Service from Nagayalanka to Guntur. An accident took place, resulting in the death of a cyclist. Charge-sheet, dated 5.8.1998, was issued to him, and not being satisfied with the explanation offered by the petitioner, the Depot Manager directed departmental enquiry. The enquiry officer found that the charge framed against him is proved. On the basis of the said finding, the petitioner was removed from service, through order dated 29.9.1998. The departmental remedies of appeal and review, availed by the petitioner, was not successful. Hence, he approached the Labour Court, by filing I.D. No. 135 of 2000, under Secti...
Azizunissa Begum and anr. Vs. BasheeruddIn Babu Khan and ors.
Court: Andhra Pradesh
Decided on: Apr-19-2008
Reported in: 2008(4)ALD292; 2008(4)ALT614
ORDERG. Bhavani Prasad, J.1. The dismissal of LGC (SR) No. 4200 of 2006 at the stage of admission by the order dated 28-2-2007 of the Special Court under the Andhra Pradesh Land Grabbing (Prohibition) Act, 1982, led the applicants therein to file the present writ petition.2. LGC(SR)No. 4200 of 2006 was filed by the two petitioners herein against the other respondents herein before the Special Court, the 25th respondent herein. The petitioners contended that the application schedule site of about 74,000 square yards in Sy. No. 194/11, of Begumpet is part of the Estate of Lady Viquar and the estate was undivided among her heirs, who are hence, joint owners and possessors. The petitioners, as the widow and son of Nawab Rasheed Nawaz Jung, are entitled to a sherai share in the schedule site along with the other siblings of Nawab Nazeer Nawaz Jung and their descendents. The entire estate was entrusted to the custody of the Court of Wards by G.O.Ms. No. 841 (Revenue), dated 17-2-1959 and by ...
B. Ashok Kumar Vs. Board of Intermediate Education Rep. by Its Vice Ch ...
Court: Andhra Pradesh
Decided on: Apr-19-2008
Reported in: 2008(4)ALD521; 2008(4)ALT12
ORDERL. Narasimha Reddy, J.1. The petitioner was initially employed as L.D.C., in the Board of Intermediate Education, the 1st respondent, in the year 1972. Thereafter, he earned promotions as U.D.C., Office Superintendent, Administrative Officer, and ultimately as Deputy Secretary. The petitioner retired in the category of Deputy Secretary, on 31-10-2007, on attaining the age of superannuation. The grievance of the petitioner is that, he ought to have been promoted to the post of Regional Inspection Officer-cum-Joint Secretary, and complains that he was wrongfully denied the same. The petitioner seeks the relief of a direction to the respondents to give notional promotion to him, to the post of Joint Secretary.2. Sri C. Srinivasa Baba, learned Counsel for the petitioner, submits that though the probation of all the four Deputy Secretaries, appointed in the year 2004, was declared on 28-06-2007, the respondents promoted only the first two candidates, namely, C. Nanda Kumar and D. Jagan...
M. Chandraiah and anr. Vs. C. Narayana and anr.
Court: Andhra Pradesh
Decided on: Apr-19-2008
Reported in: 2008(4)ALD695; 2008(4)ALT421
ORDERC.Y. Somayajulu, J.1. In a suit for injunction simpliciter filed by him the revision petitioner, in order to establish his possession, got marked a certified copy of the pahani as Ex. A-7. Thereafter he, in order to prove Ex. A-7, filed a petition to issue summons to the Superintendent, Office of the Tahsildar-cum-Deputy Collector, Quthubullapur Mandal, Ranga Reddy District, to give evidence with regard to his issuing Ex. A-7 to the applicant i.e. revision petitioner. By the order under revision, the trial Court dismissed the said petition. Hence, this revision by the plaintiff.2. The contention of the learned Counsel for revision petitioner is that inasmuch as the respondents are disputing the existence of Survey No. 109/1 itself, in order to prove its existence, the revision petitioner produced Ex. A-7 and as the revision petitioner has to prove Ex. A-7, revision! petitioner wants to examine the Superintendent, Office of the Tahsildar-cum-Deputy Collector, Quthubullapur Mandal, ...
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