Court : Andhra Pradesh
Reported in : AIR1968AP5; (1969)IILLJ88AP
ORDER1. This is a petition under Article 226 of the Constitution of India for issue of a writ of mandamus or other appropriate writ, order or direction to the Central Government and to the State Government of Andhra Pradesh (1) directing both the Government's not to take any action likely to prejudice the rights of the petitioners accruing from the decision taken by the Government of India contained in the letter No. 11/54/58 S.R. (s) dated 29th October 1959 and that taken by the State Government contained in G.O. Ms. No. 227 dated 31-1-1963 and (2) more particularly restraining the State Government from implementing the Central Government's decision permitting the Assistant Surgeons of erstwhile Hyderabad State to count their continuous service in the Health Wing prior to 1-11-1956 for purposes of promotion to the grade of Assistant Director of Public Health, Andhra Pradesh.2. The petitioners are from the service personnel of the Public Health department of the State of Andhra Pradesh...
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1968AP129
ORDER1. All these Writ Petitions raise common questions of law and they can therefore be conveniently disposed of by a common judgment.2. The essential facts are that prior to 1956, the work of prohibition enforcement was attended to by the regular police force in the districts of Chittoor, Nellore and Guntur and by separate prohibition Department in other districts. In 1956, however, the Prohibition Department was abolished and the work was entrusted entirely to the police Department. Again in 1960, the Government decided that the work of enforcement of prohibition should be taken away from the police and entrusted to a separate agency. A committee was appointed. The report of that Committee was considered by the Government and consequently G. O. Ms. No. 42 dated 6th January, 1961 was issued.3. According to that Government Order the work of enforcement of prohibition was taken away from the Police and was entrusted to a new department called Excise and Prohibition Department. The exis...
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1968AP165
P. Jaganmohan Reddy, C.J.1. This batch of 104 Writ Petitions, referred to a Bench by an order of one of us (Venkatesam, J.) as they raise important Constitutional issues, challenges the reservations made by the Rules for selection of candidates for admission to the Integrated M. B. B. S. course in the Andhra and the Telangana are, issued through G O. Ms. No. 1135 and 1136, Health, Hoasins and Municipal Administration Department dated the 16th June 1966, of these, 84 are from the Andhra area and 20 are from the Telangana area. In the main the impugned reservations are common to both the areas, except in so far as they have been indicated hereafter.2. In the Telangana area, the Seats for admission available in the Osmania Medical College are 150 while those in the Gandhi Medical College are 120; and applications for admission to these 270 seats were invited for the academic year 1966-67. Similarly for the Andhra area, the seats for which applications were called for are 150 in the Andhra...
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1969AP109
P. Jagan Mohan Reddy, C.J.1. The petitioner is an Adi Andhra belonging to a scheduled caste. He is in the service of the Government of Andhra Pradesh, having entered it as a Lower Division clerk in the Revenue Department of East Godavari District on 15-4-1940. He was subsequently promoted as an Upper Division Clerk in 1950 and thereafter transferred to the Development Department in the Secretariat Service in a similar post in 1954. On 31-12-1955. he was promoted as a Section Officer. It is the petitioner's case that the Government of Andhra Pradesh. in preparing panel of names from among the Section Officers of the Secretariat for appointment to the Posts of Assistant Secretaries for the year 1964-65 in the year 1964. did not include the petitioner's name, though he is the senior most among the Scheduled Caste employees eligible for appointment to the 9th 16th and 22nd vacancies in a cycle of 25 vacancies of the posts of Assistant Secretaries, in accordance with Rule 8 of the Special R...
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1969AP381
ORDER1. This Civil Revision Petition arises out of the order of the District Munsif, Kalahasti, in E. P. No. 186 of 1963 in Writ Petition No. 1011 of 1957 on the file of this Court, holding that the execution petition filed by the respondent-decree-holders is within time under Art. 183 of the Limitation Act, 1908. 2. The short facts leading to the filing of the execution petition by the decree holders in the writ petition are the following:-The writ filed by the petitioner-judgment-debtor was dismissed with costs of the respondents. To execute the decree, awarding costs to the respondents, a civil miscellaneous petition No. 6835 of 1963 was filed for transmission of the decree and the decree was transmitted to the Court of the District Munsif, Kalahasti. Then an execution petition was filed on 28-10-1963. The judgment-debtor contended that since the decree is dated 4-9-1959 and the execution petition was filed on 28-10-1963, the petition is barred by limitation under Article 182 of the...
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1968AP307
ORDER1. The several petitioners in this Writ petition seek a direction that G. O. Ms. No. 366 dated 27-3-1965 and G. O. Ms. No. 411 dated 1-4-1965 may not be implemented against them. All of them were appointed as temporary Village Level Workers in the Community Project and National Extension Service Blocks of the Government of Hyderabad in 1955. The Government of Andhra Pradesh by G. O. Ms. No. 896 dated 24-7-1957 constituted a distinct class in the Andhra Pradesh General Subordinate Service consisting of the temporary posts of Village Level Workers under the Community Development Programme. Clause 8 of G. O. Ms. No. 896 required that a person appointed to the post of Village Level Worker shall, after the successful completion of the prescribed period of training, be on probation for a total period of one year on duty within a continuous period of two years. In 1965 Collectors under whose authority the petitioners were working declared that they had satisfactorily completed their prob...
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1968AP364
ORDER1. It is now a matter of history that the erstwhile State of Hyderabad ceased to exist and a part of its territory, popularly known as Telangana was transferred to the State of Andhra to form the State of Andhra Pradesh from 1-11 56.Owing to reasons--social, economic, political and historical reasons, with which we are not now concerned it was thought desirable that the people of the Telangana region including the services, should have certain safeguards. Section 115 (5) and the proviso to Section 115 (7) and Section 117 of the State, lie-organisation Act are three such provisions intended to protect the interests of the 'Telangana Service Personnel'. Section 115 (5) and (7) are as follows: --'(5) The Central Government may by order establish one or more Advisory Committees for the purpose of assisting it in regard to- (a) the division and integration of the services among the new States and the States of Andhra Pradesh and Madras; and (b) the ensuring of fair and equitable treat...
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1970AP162
Kuppuswami, J.1. These are two appeals, the first by the Hyderabad Co-operative Commercial Corporation Limited (herein after referred to as 'H. C. C. C. Ltd.) through the Director of Civil Supplies, Hyderabad and the second by the State of Andhra pradesh, represented by the Deputy Secretary to the Government of Andhra Pradesh, Civil Supplies Department, against the same order D/-11-7-1967 of the second Additional Chief Judge, City Civil Court, Hyderabad, in E. A. 5/62 in E. P. No. 95/59 in O. S. No. 2 of 1959 o his file.2. Respondents 1 to 10 in these appeals are the same, respondent 1 being Syed Mohiuddin Khadri, the decree-holder in the above suit, who having dies is now represented by his legal representatives, respondents 2 to 10. Respondent 11 in C. M. A. No. 374/67 is the H. C.C.C. Ltd. represented by the Director of Civil Supplies, who, as stated above, is the appellant in C.M.A. No. 210 of 1967. Later applications were filed to add the Liquidator, H.C.C.C. Ltd. which is now und...
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1970AP236
ORDER1. The nine petitioners in W. P. No. 2235 of 1968 are temporary employees of the Government of Andhra Pradesh Panchayat Raj Department, working as supervisors under various Panchayat Samithis and Zilla Parishads in the region known as the Telangana Region of the State of Andhra Pradesh. All of them claim that they possess the qualification of residence mentioned in Rule 3 of the Andhra Pradesh Public Employment (Requirement as to Residence) Rules. By an order dated 30-4-1968 the services of all the nine petitioners were terminated by the Chief Engineer Panchayat Raj Department. The petitioners allege that as many as forty-six supervisors belonging to the non-Telangana area in the employment of the Panchayat Raj Department are now working under Panchayat Samithis and Zilla Parishads in the Telangana Area and they claim that so long as even one Supervisor belonging to the non-Telangana area, that is to say, not satisfying the requirement as to residence is working in the Telangana a...
Tag this Judgment!Court : Andhra Pradesh
Reported in : [1971]79ITR333(AP)
Sriramulu, J.1. In this reference, made to this court at the instance of the Commissioner of Income-tax, Andhra Pradesh, Hyderabad, under Section 66(1) of the Indian Income-tax Act, 1922 (hereinafter referred to as the 'Act'), the following question of law arises for our consideration :' Whether, on the facts and in the circumstances of the case, the gratuity of Rs. 11 250 received by the assessee, on his retirement from the Life Insurance Corporation of India, in accordance with the Staff Regulations of 1960, is exempt from tax by virtue of the proviso to Explanation 2 of Sub-section (1) of Section 7 of the Indian Income-tax Act, 1922 '2. On his retirement from the Life Insurance Corporation of India, the assessee, Sri B. Gopalakrishna Murthy, in accordance with the Staff Regulations of the Life Insurance Corporation of India, received retirement gratuity of Rs. 11,250 from his employers. The Life Insurance Corporation of India deducted the tax at source on the payment of gratuity mad...
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