Andhra Pradesh Court June 2008 Judgments
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Union of India (Uoi) and ors. Vs. Sardar Begum
Court: Andhra Pradesh
Decided on: Jun-26-2008
Reported in: 2008(6)ALD385
Ghulam Mohammed, J. 1. Questioning the order, dated 17.10.2007, passed in OA No. 532 of 2006, on the file of the Central Administrative Tribunal, Hyderabad Bench at Hyderabad (for short 'Tribunal'), this writ petition has been filed.2. Facts in brief are: One Syed Ghouse (hereinafter called as 'the deceased employee'), worked as Goods Driver in the South Central Railways for a period of 32 years. While the deceased employee was discharging his services as Goods Driver, on 27.8.1978, there was derailment of 16 goods wagons on arrival to KRA Railway Station. In that regard, a disciplinary enquiry was initiated against him. Similarly, a criminal case was also registered by the Railway Police and a charge sheet was filed before XII-Metropolitan Magistrate for Railways, Secunderabad, and the same was numbered as C.C. No. 155 of 1981. In the disciplinary enquiry he was found guilty of the charge framed against him and accordingly he was dismissed from service on 22.2.1980, whereas in the cri...
P. Satyanarayana S/O Venkatarajam Vs. Kesari Manevva W/O Anajaiah,
Court: Andhra Pradesh
Decided on: Jun-26-2008
Reported in: 2010ACJ285; 2009(1)ALT644
ORDERC.Y. Somayajulu, J.1. Since common questions of fact and law arise in these two proceedings, they are being disposed of by a common order.2. CMA No. 2580 of 2004 arises out of a claim petition filed under Section 166 of the Motor Vehicles Act, 1988 (for short - 'the Act'), by the mother of Kesari Ganesh (the deceased), aged about 1 1/2 years, in connection with the death of the deceased on 29.04.2002 at 7.45 PM due to the rash and negligent driving of the driver of a bus belonging to the appellant and insured with the National Insurance Company (insurer) and hired to the Andhra Pradesh State Road Transport Corporation (APSRTC), during the subsistence of lease to APSRTC. Appellant and the driver of the bus chose to remain ex parte before the Tribunal. Both the insurer and the APSRTC filed counters inter alia contending that they are not liable to pay the compensation payable to the claimant. In support of her case, the claimant examined herself as P.W.1 and another witness as P.W.2...
Bharat Petroleum Corporation Limited and anr. Vs. Srinivasa Transport, ...
Court: Andhra Pradesh
Decided on: Jun-25-2008
Reported in: 2008(4)ALD787; 2008(6)ALT199
P.S. Narayana, J.1. The defendants in O.S. No. 851 of 1997 on the file of the III Additional Senior Civil Judge, Visakhapatnam being aggrieved by the judgment and decree, dated 15-03-2004 made in O.S. No. 851 of 1997, had preferred the present appeal.2. In A.S.M.P. No. 11672 of 2004 on 29-06-2004 interim stay was granted on condition of deposit of half of the decretal amount and costs within a period of eight weeks. The same had been complied with and the amount deposited had been permitted to be withdrawn by an order dated 27-10-2004 in A.S.M.P. No. 13865 of 2004 and 11672 of 2004. 3. The respondent in the appeal as plaintiff in the suit aforesaid, filed the suit for recovery of a sum of Rs. 2,58,980-39ps with subsequent interest and costs. The learned III Additional Senior Civil Judge, Visakhapatnam in the light of the respective pleadings of the parties having settled the issues, recorded the evidence of P.W.1, marked Exs.A1 to A16 and recorded findings and ultimately came to the co...
immani Suryanarayana S/O I. Narayana Vs. Visakhapatnam Port Trust Rep. ...
Court: Andhra Pradesh
Decided on: Jun-25-2008
Reported in: 2008(4)ALD775; 2008(4)ALT812
ORDERL. Narasimha Reddy, J.1. The Visakhapatnam Port Trust, 1st respondent herein issued an employment notice, dated 24.04.2006, inviting applications for two posts of Fire and Assistant Safety Officers. One post was reserved in favour of ex-servicemen and the other was un-reserved. The appointment was by way of selection and the age limit of the candidates was prescribed as 35 years. The other qualifications prescribed by the 1st respondent are that the candidate must be a graduate, must have undergone training in a recognized Fire Training School, must have an experience of three years in a supervisory capacity in the regular fire service and must possess driving licence for light and heavy vehicles.2. The petitioner was employed in the Indian Navy and served it for 8 years. He responded to the employment notice, after obtaining detailed information from the website of the 1st respondent. The 3rd respondent is an existing employee of the 1st respondent and the 4th respondent is an ex...
Pennar Seeds Corporation Vs. A.P. State Seeds Development Corporation ...
Court: Andhra Pradesh
Decided on: Jun-25-2008
Reported in: 2008(5)ALD154; 2008(5)ALT641
ORDERP.S. Narayana, J.1. The civil revision petition is filed against an order made in O.P. No. 169 of 1994 on the file of II Senior Civil Judge, City Civil Court, Hyderabad, by the unsuccessful petitioner.2. The said O.P. was filed under Sections 3, 5, 11 and 12 read with Sections 8 and 9 of the Arbitration Act, 1940, to remove the second respondent-Managing Director, A.P.S.S.D.C. Ltd., as arbitrator in respect of the works 'Distribution of seeds for Prakasam District for the period from 1.4.1992 to 31.3.1993 under Lr. No. SSDC/Market/SPSC/92-93, dated 23.5.1992 of the first respondent corporation' and to appoint anyone of the four persons named in the petition as arbitrator to adjudicate the dispute raised by the parties and to award costs. The four persons named in the said O.P. are as hereunder:1. Sri Justice K. Madhava Reddy, retired Chief Justice of Bombay High Court.2. Sri Justice C. Kondaiah, retired Chief Justice of A.P. High Court.3. Sri Justice K. Punnayya, retired Judge, Hi...
Court Masters and Personal Secretaries to Hon'ble Judges Association V ...
Court: Andhra Pradesh
Decided on: Jun-25-2008
Reported in: 2008(5)ALD1; 2008(4)ALT715
V.V.S. Rao, J.1. The petitioner is an Association of Court Masters and Personal Secretaries to Hon'ble Judges, High Court of Andhra Pradesh, Hyderabad (the Association, for brevity). The Association feels that for the arduous nature of work they attend to, their salary in the scale of pay of Rs. 9285-19775 is less, and that they are underpaid. Seeking redressal with this grievance, they petitioned the Hon'ble the Chief Justice, High Court of Andhra Pradesh. The same was considered favourably and a letter was addressed requesting the Government to issue necessary orders to grant scale of pay of Rs. 10845 - 22955 instead of existing 2005 revised scale of pay of Rs. 9285 -19775. The Government by their letter dated 6.9.2007 addressed by the Secretary to Government, Home (Courts.D) Department, addressed to the Registrar (Administration), rejected the recommendation, further stating that the matter may be referred to next Pay Revision Commission (PRC). This is impugned in this writ petition...
S. HussaIn Bee Vs. A.P. State Road Transport Corporation and ors.
Court: Andhra Pradesh
Decided on: Jun-25-2008
Reported in: 2008(5)ALD215; 2008(4)ALT781; [2008(119)FLR119]; (2009)ILLJ342AP
ORDERL. Narasimha Reddy, J.1. The petitioner is employed as a Shramic in the Kurnool-I Depot of APSRTC. Her grievance is that the 2nd respondent is effecting deductions from her salary, virtually leaving nothing for her to sustain. She furnished the particulars of deductions and states that though her gross salary is in the range of Rs. 4,500/-, the net salary is less than Rs. 100/-. Placing reliance upon Section 60 C.P.C., she assails the action of the respondents.2. On behalf of the respondents, a counter affidavit is filed, stating that the petitioner has raised loans of different categories, and authorized the 2nd respondent, to effect deductions of the instalments. The necessary facts and figures are also furnished.3. Heard the learned Counsel for the petitioner and learned Standing Counsel for the respondents.4. Basically, the prayer made by the petitioner is untenable, inasmuch as Section 60 C.P.C. does not apply to the facts of the present case. It is not even alleged that any ...
K. Ramulu Vs. Regional Manager, Apsrtc and anr.
Court: Andhra Pradesh
Decided on: Jun-25-2008
Reported in: 2008(5)ALD214
ORDERL. Narasimha Reddy, J.1. The petitioner was employed as a Driver in the APSRTC on 1.2.1978. He was promoted as Controller on 8.8.1990 in Ranga Reddy region. On personal reasons, the petitioner opted to function as a Driver and on his request, he was reverted to the post of Driver, vide proceedings, dated 30.3.1994, and was posted in Mahaboobnagar region. The Corporation issued a Circular, dated 3.5.1989, providing for grant of stagnation increment to the employees, who do not earn any promotion, for a period of 12 years. The petitioner claims benefit under the said circular.2. The respondents filed a counter-affidavit, disputing the claim of the petitioner. It is stated that once the petitioner was extended the benefit of promotion, the question of granting stagnation increment to him does not arise.3. Heard the learned Counsel for the petitioner and the learned Standing Counsel for the Corporation.4. By its very nature, stagnation increment is extendible to those employees, who d...
K. Ravindra and ors. Vs. State of A.P. Represented by Its Principal Se ...
Court: Andhra Pradesh
Decided on: Jun-24-2008
Reported in: 2008(5)ALD26
ORDERGhulam Mohammed, J.1. This writ petition is filed seeking a mandamus declaring the action of the respondents in not filling up the vacancies reserved for direct recruitment as per rules and filling up those vacancies by the A.P.S.P. Constables on deputation, as arbitrary, illegal, unconstitutional, and violatiive of Articles, 14, 16 and 21 of the Constitution of India and ultra-vires of Rule 3, read with Note 3 of A.P., Prohibition and Excise Subordinate Service Rules and set aside the judgment dated 10.04.2008 in O.A. No. 6391 of 2004 & batch on the file of the A.P. Administrative Tribunal at Hyderabad.2. The grievance of the petitioners is that they have applied for the post of Prohibition & Excise Constable governed by the A.P. Prohibition & Excise Subordinate Service Rules (for short 'The Rules'), which was included as Category IV of Group II of the A.P. Prohibition & Excise Subordinate Service Rules etc., As per Rule 3 of the aforesaid rules, the post of Excise Constable has ...
Shaik Subbalakshmi W/O Shaik Sreenu Vs. the Collector and District Mag ...
Court: Andhra Pradesh
Decided on: Jun-24-2008
Reported in: 2008(2)ALD(Cri)359; 2008(6)ALT57
ORDERK.C. Bhanu, J.1. This Writ Petition, under Article 226 of the Constitution of India, is filed to issue a writ of Habeas Corpus, directing the respondents to produce Shaik Sreenu, son of Yellaiah, who is detained in Central Prison, Warangal, before this Court, and to release him forthwith after declaring his detention as illegal and void.2. The brief facts that are necessary for disposal of this Writ Petition may be stated as follows.The petitioner herein is wife of Shaik Sreenu (hereinafter called as 'the detenu'), who is lodged in Central Prison, Warangal. By order dated 18.03.2008, which was subsequently amended on 19.3.2008, passed under Sections 3(1) & (2) read with Section 2(a) & (b) of the A.P. Prevention of Dangerous Activities of Bootleggers, Dacoits, Drug Offenders, Goondas, Immoral Traffic Offenders and Land Grabbers Act, 1986 (for short, 'the Act, 1986'), the first respondent ordered detention of the detenu on the ground that he was constantly indulging in bootlegging a...