k.nagamalleswara rao walamtari

IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESHAT HYDERABAD

(SPECIAL ORIGINAL JURISDICTION)

W. P. No. OF 2014

Between:

1. K.Nagamalleswara Rao, S/o. Surya Rao, Aged 37 years, R/o. H.No. 11-10-730/4/2/1, Burahanpuram, Khammam District.

2. Dr.Rapolu Saidulu, S/o. Ramakotaiah, Aged 49 years, R/o. H.No. 211, Doyens Township, Opp: Alind Factory, Serilingampally, Hyderabad – 500 019

3. G.Shamkar Babu, S/o. Laxmaiah, Aged 51 years, R/o. H.No. 8-1-652/3, Near CSI Church, RTC Colony, Nalgonda.

4. G.N.Sreenivasa Rao, S/o. late G.K. Nagaraja Rao, Aged 40 years, R/o. D.No. 2-49 B Upstairs, 1st Road, Near Sivalayam, Georgepet, Anantapur – 515 004

5. A. Lakshmi Ramana, S/o. A.C.Peddanna, Aged 41 years, R/o. H.No. 50-753, Tagore Nagar, Maddur nagar, Kurnool

6. Dr.K.Ramasubbaiah, S/o. K.Peddaveerabadradu, Aged 42 years, R/o. H.No. 1-29, Chennur Post, Sirivella Mandal, Kurnool District – 518 583

7. S.Jagadeesh Babu, S/o. S.Venkateswara Rao, Aged 45 years, R/o. H.No. 28-1-124/A, Lind Street, Lind Line, Shantinagar, Eluru, West Godavari District

8. R.Naga Lakshmi, D/o. R.Ramaswamy Reddy, Aged 41 years, R/o. 37-1-41BA, 3rd Lane, Ramanagar, Prakasam District.

9. B.Seshagiri Rao, S/o. late Venkateswara Rao, Aged 52 years, R/o. Flat No. 504, Dhana Sai Towers, Bhagwan Nagar, Ring Road, Vizianagaram.

10. M.Tirupathi Rao, S/o. M.Krishna Murthy, Aged 44 years, R/o. Kadekalle Post, Veeragattam mandal, Srikakulam District.

…PetitionersAND

1. Government of Andhra Pradesh, Irrigation & Command Area Development Dept., A.P. Secretariat, Hyderabad, Rep. by its Special Secretary to Government

2. The Commissioner, Command Area Development and Principal Secretary to the Government, Irrigation & Command Area Development Dept., Jalasoudha Building, Erramanzil, Hyderabad.

3. WALAMTARI, Himayatsagar, Hyderabad – 500 030, Rep. by its Director General.

…Respondents

A F F I D A V I T

I, K.Nagamalleswara Rao, S/o. Surya Rao, Aged 37 years, R/o.

H.No. 11-10-730/4/2/1, Burahanpuram, Khammam District, having

temporarily come down to Hyderabad, do hereby solemnly and sincerely

affirm and state on oath as follows:

1. I am the 1st petitioner herein and as such I am well acquainted with

the facts of the case. I am authorized to file this affidavit on behalf of other

Petitioners also.

2. It is submitted that A.P. Farmers Management of Irrigation Systems

Act (Act 11 of 1997) was enacted to provide for farmers participation in the

management of irrigation systems. As per the provisions of the Act, the

farmers organization viz., Water user Association at primary level

consisting of all water users, Distributory Committees at secondary level

and Project Committees at the Project level were constituted for the

effective functioning and participation of the farmers for the efficient and

equitable distribution of water.

2

3. It is submitted that Irrigation and Command Area Development

Department has been implementing the A.P. Irrigation Livelihood

Improvement Project (APILIP) in all major irrigation projects, 11 Medium

and 59 New Minor Irrigation Projects with an intention to increase the

agricultural production by constructing and rehabilitation of irrigation

facilities, improving water management and agricultural practices,

enhancing the agriculture income, construction of minor irrigation tanks,

etc., The projects are funded by the I & CAD Department of the

Government of Andhra Pradesh.

4. It is submitted that the Government of Andhra Pradesh vide G.O.

Ms. No. 130, dated 30-7-2007 issued directions for implementation of Act

11 of 1997 and for timely monitoring performance of the irrigation projects.

As per Para VI, for execution of the works permission was granted for

making appointments for undertaking the exercise. Para VI (b) prescribe

that there shall be one Training Coordinator for each circle. The

Commissioner, Command Area Development was authorized to hire the

said persons and place them at circle level. In pursuance of the same, an

advertisement was issued inviting applications for the post of Training

Coordinator for 18 circles of major irrigation projects in the State. In

pursuance of the notification, we the Petitioners herein have applied for the

post of Training Coordinator. After due selection, we were selected and

appointed. The Commissioners, CAD, vide letter dated 15-6-2007 allotted

us to various irrigation circles. Some of the Petitioners names are figuring

at Column No. 4 of the Annexure. Accordingly, we reported to the Circle

offices. On my reporting for duty on 8-8-2007, I was asked to execution of

agreement with the Superintending Engineer. The agreement envisages that

I should work on consolidated work of Rs.18,000/- per month. Contract

agreement was remain in force for two years from 8-8-2007 to 7-8-2009.

Subsequently, another agreement dated 25-4-2009 was executed continuing

my services for further period of two years commencing from 3-2-2009 to

2-2-2011. Again another agreement dated 21-1-2011 was entered for the

period commencing from 3-2-2011 to 2-2-2013. In the said agreement my

remuneration was fixed to Rs.21,600/- for the period upto 2-2-2012. From

3-2-2012 my remuneration was enhanced to Rs.26,600/-. Again vide letter

3

dated 22-1-2013 my contract term was extended from 3-2-2013 to 2-2-2015

and remuneration was fixed to Rs.29,300/- Similar agreements are entered

into with other Petitioners also. Presently, I am working at Nagarjuna Sagar

Left Bank Canal (NSLBC) Circle, Tekulapalli, Khammam District. The

other Petitioners have also selected and appointed as Training Coordinators.

5. It is submitted that the 2nd Petitioner i.e., Dr.Rapolu Saidulu also

appointed as Training Coordinator on 1-6-2007 and he is presently working

at NSLBC Circle, Miryalaguda, Nalgonda District. He is drawing a sum of

Rs.35,600/- as consolidated pay.

The 3rd Petitioner i.e., G.Shamkar Babu appointed as Training

Coordinator on 9-7-2007 and he is presently working at NSJC O&M Circle,

Lingamgunta, Guntur District. He is drawing a sum of Rs.29,600/- as

consolidated pay.

The 4th Petitioner i.e., G.N.Srinivasa Rao appointed as Training

Coordinator on 14-6-2010 and he is presently working at TBPHL Circle,

Anantapur. He is drawing a sum of Rs.23,700/- as consolidated pay.

The 5th Petitioner i.e., A.Lakshmi Ramana appointed as Training

Coordinator on 2-7-2007 and he is presently working at TBPLLS Irrigation

Circle, Kurnool. He is drawing a sum of Rs.29,300/- as consolidated pay.

The 6th Petitioner i.e., Dr. K.Rama Subbaiah, appointed as Training

Coordinator on 9-11-2008 and he is presently working at KC Canal

Irrigation Circle, Kurnool. He is drawing a sum of Rs.21,800/- as

consolidated pay.

The 7th Petitioner i.e., S.Jagadessh Babu appointed as Training

Coordinator on 1-1-2009 and he is presently working at Irrigation Circle,

Eluru, West Godavari District. He is drawing a sum of Rs.29,300/- as

consolidated pay.

4

The 8th Petitioner i.e., R.Naga Lakshmi, appointed as Training


Ongole, Prakasam District.

The 9th Petitioner i.e., B.Seshagiri Rao, appointed as Training

Coordinator on 1-6-2007 and he is presently working at B.R.R.

Vamshadhara Circle, Srikakulam.

The 10th Petitioner i.e., M.Tirupathi Rao, appointed as Training


Bobbili, Vizianagaram District.

6. It is submitted that the nature of duties to be performed by the

Training Coordinator include seasonal preparation of participation action

plant (PAP), sharing of participating action plan analysis with the farmers

organization and Department Engineers, organizing training programmes

and exposure visits, providing support to farmers organizations for

establishment of office, updating the records and auditing accounts, training

to farmers at training centers level, Revenue workshops, interaction

sessions with scientists and agriculture, workshops, awareness on water tax

collection and better water management, coordination with agriculture

department and research institution for organizing centres active session

with farmers for technology transfer, to facilitate the regular conversion

meeting with line departments i.e., agriculture, revenue and irrigation

departments to share information and to plan collective actions for

effective implementation of the activities and for better water tax

collections and productivity enhancement, etc., as assigned to them from

time to time by the Superintending Engineers.

7. It is submitted that in accordance with the provisions of the Act,

elections to be held to the Water User Associations, Distributory

Committees, Project Committees. The term of the elected office bearers

expired. Consequent on the expiry of the term, the Government of Andhra

Pradesh issued G.O. Ms. No. 20, Irrigation and CAD Department, dated 12-

2-2013 making transactional arrangements for the Water User Associations

5

by directing the Deputy Executive Engineers of the Irrigation Department

to take over the charge of the concerned Water User Associations. The

Executive Engineers were directed to take over the Distributory

Committees and the Superintending Engineers were directed to take over

the Project Committees, on completion of tenure of such terms, till

elections to the said bodies are held. Thus, except for the change in the

elected body and taken over by the Government officials, the activity which

has been envisaged under the provisions of the Act 11 of 1997 and other

activities as referred to above are continues to be in operation. The

Superintending Engineer, NSLBC Circle, Tekulapalli, Khammam District,

has also addressed a letter dated 11-2-2014 that my services are essential

for implementation of the IPMAP activities, submission of correspondence

of Farmers organizations, information support, coordination with line

department and other activities in the Circle. Similar recommendations

have been forwarded to the Superintending Engineers that our services are

essential for farmers and the organization. In two circles i.e., Miryalaguda

and Lingamguntla, there is another project is running by name CLIMA

ADAPT.

8. While matter stood thus, the Director General, WALAMTARI, has

issued proceedings No 8247/Team-8/HRM/2012, DATED 13-3-2014 that

in view of the bifurcation of the State, it was decided to dispense with our

services and accordingly we were issued with one month notice cum

termination order and it was informed that on completion of notice period,

our services shall stand relieved. Our names are figuring at Sl. No. 1, 2, 3,

4, 5, 6, 8, 12, 13 & 14 of the impugned proceedings. Our dates of initial

appointment and date of expiry of the persons contract was also specified in

the said proceedings. In view of the proceedings dated 13-3-2014, the

Superintending Engineers under whom we have been working have issued

the said Notices. Although, one month period has not expired, we are under

threat of termination without any further proceedings. Aggrieved by the

said proceedings, we are constrained to approach this Hon'ble Court for

appropriate relief.

6

9. It is submitted that the impugned action of terminating our services

solely on the premise that bifurcation of the Sate is wholly irrational and

arbitrary. As submitted supra, our services are taken as per the provisions of

the Act 11 of 1997. Our services are found to be commendable for the

farmers community. We are also acting as Coordinators of the farmers with

the line departments. Therefore, dispensing with our services only in view

of the State bifurcation is arbitrary and illegal. The bifurcation of the State

does not have any bearing with regard to the implementation of the

provisions of the Act 11 of 1997 and the policies evolved by the State

Government from time to time.

10. It is submitted that one of the activity we undertaken is training to

farmers. The activity of the APILIP is one of the activities and the said

activity is funded by Japan International Co-operation Agency. They

provide funds only for the expenditure incurred to the training of the

farmers. Our salaries are borne by the State Government from the funds

allocated, since we perform various other activities in addition to the

training of the Water User Association Office bearers. Thus, there is no

impediment in continuing our services. Thus, the action of the Respondents

proposing to terminate our services solely on the basis of bifurcation of the

State is illegal and arbitrary. There is no decision taken by the respective

State Governments to dispense with the provisions of Act 11 of 1997.

11. It is submitted that there is a lot of changes in the farmers approach

towards utilization of water and its better management as it has also earned

commend form various agencies including the foreign agencies. Solely on

the premise that bifurcation of the State of Andhra Pradesh is in progress,

our services cannot be terminated.

12. All other grounds that would be urged at the time of hearing of the

case.

13. We have not filed any other petition or initiated any other legal

proceedings seeking the relief claimed in the present petition.

7

14. Having no other alternative efficacious remedy except to invoke the

extra ordinary jurisdiction of this Hon'ble High Court under Article 226 of

the Constitution of India for redressal of our grievances.

Pending disposal of the Writ Petition it is therefore prayed that this

Hon’ble Court may be pleased to direct the Respondents to continue the

Petitioners in service by suspending the proceedings No

8247/Team-8/HRM/2012, DATED 13-3-2014 issued by the Respondents

and pass such other order or orders as this Hon'ble Court may deem fit and

proper in the interest of justice.

It is therefore prayed that this Hon'ble Court may be pleased to issue

a writ, order or direction more particularly one in the nature of Writ of

Mandamus or any other appropriate writ (i) declare the proceedings No

8247/Team-8/HRM/2012, DATED 13-3-2014 issued by the Respondents as

illegal and arbitrary; (ii) declare that the action of the Respondents in

terminating the services of the Petitioners in view of the bifurcation of the

State of Andhra Pradesh as illegal, arbitrary and unjust; and (iii)

consequently set aside the proceedings No 8247/Team-8/HRM/2012,

DATED 13-3-2014 with a further direction to the Respondents to continue

the Petitioners in service and pass such other order or orders as this Hon'ble

Court may deem fit and proper in the interest of justice.

Sworn and signed before meon this day of April, 2014 at Hyderabad. DEPONENT

BEFORE ME : ADVOCATE : HYDERABAD

VERIFICATION

I, K.Nagamalleswara Rao, S/o. Surya Rao, Aged 37 years, R/o. H.No. 11-10-730/4/2/1, Burahanpuram, Khammam District, having temporarily come down to Hyderabad, being the petitioner/person acquainted with the facts do hereby verify and state that the contents of above paras are true to my personal knowledge, based on records and believed to be correct.

Verified at Hyderabad, on this the day of April, 2014.

DEPONENT

8

Memorandum of Writ Petition Misc. Petition(Petition Under Section 151 of C.P.C.)

IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD

W.P.M.P. NO. OF 2014IN

W.P. No. OF 2014

Between:










9


…PetitionersAND




…Respondents

For the reasons stated in the accompanying affidavit, pending

disposal of the writ petition, it is therefore prayed that this Hon'ble Court

may be pleased to direct the Respondents to continue the Petitioners in

service by suspending the proceedings No 8247/Team-8/HRM/2012,

DATED 13-3-2014 issued by the Respondents and pass such other order or

orders as this Hon'ble Court may deem fit and proper in the interest of

justice.

HYDERABAD.Dt. –4-2014 Counsel for Petitioner

10

KHAMMAM DISTRICT

IN THE HIGH COURT OF JUDICATE OF ANDHRA

PRADESH AT HYDERABAD

WRIT MISCELLANEOUS PETITION

W.P.M.P.NO. OF 2014

INW.P. NO. OF 2014

DIRECTION PETITION

Filed on : -4-2014

Filed by: Smt. K. Udaya Sree (4199)P.Sudheer Rao (1079)

Advocates

COUNSEL FOR PETITIONERSwp/K.NAGAMESSLESWARA RAO-WALAMTARI

11

Memorandum of Writ Petition(FILED UNDER ART. 226 OF THE CONSTITUTION OF INDIA)



W.P. NO. OF 2014

Between:










12


…PetitionersAND




…Respondents

The address of the Petitioner for service of all notices and other process is that of his counsel Smt. K. Udaya Sri, P.Sudheer Rao, Advocates, H.No. 719, Sri Venkateswara Temple Lane, Chikkadpally, Hyderabad.

For the reasons stated in the accompanying affidavit, it is prayed that

this Hon'ble Court may be pleased to issue an order, direction or Writ more

particularly one in the nature of Writ of Mandamus or any other appropriate

writ (i) declare the proceedings No 8247/Team-8/HRM/2012, DATED 13-

3-2014 issued by the Respondents as illegal and arbitrary; (ii) declare that

the action of the Respondents in terminating the services of the Petitioners

in view of the bifurcation of the State of Andhra Pradesh as illegal,

arbitrary and unjust; and (iii) consequently set aside the proceedings No

8247/Team-8/HRM/2012, DATED 13-3-2014 with a further direction to

the Respondents to continue the Petitioners in service and pass such other

order or orders as this Hon'ble Court may deem fit and proper in the interest

of justice.

HYDERABAD.Dt. –4-2014 COUNSEL FOR PETITIONER

13

KHAMMAM DISTRICT

IN THE HIGH COURT OF JUDICATE OF ANDHRA

PRADESH AT HYDERABAD

W.P.NO. OF 2014

MANDAMUS OF WRIT PETITION

Filed by: Smt. K. Udaya Sree (4199)P.Sudheer Rao (1079)

Advocates

COUNSEL FOR PETITIONERSwp/K.NAGAMALLESWARA RAO-WALAMTARI

14

HIGH COURT

WRIT PETITION MISC. PETITION

W.P.M.P NO. OF 2014IN

W.P. NO. OF 2014

KHAMMAM DISTRICT

K. NAGAMALLESWARA RAO ...Petitioner

By Smt. K. Udaya Sri (4199)P.Sudheer Rao (1079) Advocates

NATURE OF APPLICATION(UNDER SEC. 151 C.P.C.)

Pending disposal of the Writ

Petition, it is therefore prayed that

this Hon’ble Court may be pleased

to direct the Respondents to

continue the Petitioners in service

by suspending the proceedings No

8247/Team-8/HRM/2012,

DATED 13-3-2014 issued by the

Respondents and pass such other

order or orders as this Hon'ble

Court may deem fit and proper in

the interest of justice.

PRESENTED ON: -4-2014

REPRESENTED ON: -4-2014

FILED ON : -4-2014

15

BENCH/SINGLE :SERVICE/NON-SERVICE:DEPARTMENT:W.P. Code :

ADMISSION COURT:HIGH COURT

SPECIAL ORIGINAL JURISDICTION

WRIT PETITION

W.P. NO. OF 2014

KHAMMAM DISTRICT

K. NAGAMALLESWARA RAO...Petitioner

By Smt. K. Udaya Sri (4199)P.Sudheer Rao (1079) Advocates

NATURE OF APPLICATION(Under Art. 226 of Constitution of

India)For the reasons stated in the accompanying affidavit, it is therefore prayed that this Hon'ble Court may be pleased to issue an order, direction or Writ more particularly one in the nature of Writ of Mandamus or any other appropriate writ (i) declare the proceedings No 8247/Team-8/HRM/2012, DATED 13-3-2014 issued by the Respondents as illegal and arbitrary; (ii) declare that the action of the Respondents in terminating the services of the Petitioners in view of the bifurcation of the State of Andhra Pradesh as illegal, arbitrary and unjust; and (iii) consequently set aside the proceedings No 8247/Team-8/HRM/2012, DATED 13-3-2014 with a further direction to the Respondents to continue the Petitioners in service and pass such other order or orders as this Hon'ble Court may deem fit and proper in the interest of justice.

PRESENTED ON: -4-2014REPRESENTED ON: -4-2014FILED ON : -4-2014

16

(WRIT OF COURT ORDERS - ORDER LIST (To produce and or to appear)


(Special Original Jurisdiction)

DAY THE DAY OF TWO THOUSAND FOURTEEN

WRIT PETITION NO. OF 2014

Between:1. K.Nagamalleswara Rao, S/o. Surya Rao, Aged 37 years, R/o. H.No. 11-10-730/4/2/1, Burahanpuram, Khammam District.









17


…PetitionersAND




…Respondents

Smt. K.Udaya Sree (4199), P.Sudheer Rao (1079) Advocates, upon motion this day made in to this Court by bring of opinion that the record relating to and touching upon all the matter and contentions raised in the memorandum of representation petition, a copy of which is annexed hereto, together with the decision therein should be called for and pursued: IT IS HEREBY COMMANDED.

(1) That you aforesaid Respondent No. do sent, of our use in High Court of Judicature of Andhra Pradesh, Hyderabad, all the singular the said record and other with all the things touching the same as full and perfectly as they have been made by you and now remain in your custody or power together with this, Rule Nisi before the day of 2014 and

That you intend to oppose the petition you the aforesaid Respondent No. do appear personally OR by Advocate on the day of 2014 at 10-30 A.M. before the court show cause why this petition should not be complied with and that we may cause further to be done thereon what of right and according to law we shall see fit to be done.

WITNESS the Hon'ble Chief Justice of High Court of Judicature, Andhra Pradesh at Hyderabad, day

of 2014 the year two thousand

Hearing Date :ASSISTANT REGISTRAR

18

RETURN OF THE WRIT OF CERTIORARI ORDER : NISI(To be endorsed on Writ to appear)

The Process of the Writ of Certiorari where of mention is within made was served on respondent this day of two thousand fourteen.

This should be served urgently on the respondent No. and

returned to the High Court.

Writ and Rule Nisi

W.P. No. of 2014

Certified that the required conveyance charges and the process for the service of the Process have been collected it is requested that English Translation of the Process Service, Report, it is in Vernacular, may be sent along with the Rule Nisi returned.

FORM: 8

RETURN OF THE WRIT OF CERTIORARI ORDER NISI

(TO BE ENDORSED ON WRIT TO PRODUCE)

This process of the Writ of certiorari where of mention is within made write all things touching the same in the several papers hereto annexed as within commanded.

The Answer of

The

respondent herein

Date day of 2014

19

BATTA



3. WALAMTARI, Himayatsagar, Hyderabad – 500 030, Rep. by its Director General. HYDERABADDT. -4-2014 COUNSEL FOR THE PETITIONER

BATTA



3. WALAMTARI, Himayatsagar, Hyderabad – 500 030, Rep. by its Director General. HYDERABADDT. -4-2014 COUNSEL FOR THE PETITIONER

20

RESPONDENTS ADDRESSES:




21

IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH

AT HYDERABADW.P.M.P. NO. OF 2014 IN W.P. NO. OF 2014

Between










22


…PetitionersAND




…Respondents

Take Notice that the Appellant /Petitioner (Respondents) has/have presented a petition to the Court praying that

(COPIES OF THE PETITION IS ENCLOSED)

and that the same will be heard by the Court on the day 2014

Notice and Interim Stay has/have been granted by order Court dated the of 2014 the affidavit of has been filed in support thereof Dated at Hyderabad this the day of 2014

ADVOCATE FOR PETITIONER (S)

23


W.P.M.P. NO. OF 2014 IN W.P. NO. OF 2014

Between










24


…PetitionersAND




…Respondents

Take Notice that the Appellant /Petitioner (Respondents) has/have presented a petition to the Court praying that

(COPIES OF THE PETITION IS ENCLOSED) and that the same will be heard by the Court on the day 2014

Notice and Interim Stay has/have been granted by order Court dated the of 2014 the affidavit of has been filed in support thereof Dated at Hyderabad this the day of 2014ADVOCATE FOR PETITIONER (S)

25


W.P. NO. OF 2014

ANNEXURE-I

CHRONOLOGY OF EVENTS

Sl.No.

DATE/ YEAR

EVENTS PAGE NOS.

PARA NOS.

1 Nil A.P. Farmers Management of Irrigation Systems Act (Act 11 of 1997) was enacted to provide for farmers participation in the management of irrigation systems. As per the provisions of the Act, the farmers organization viz., Water user Association at primary level consisting of all water users, Distributory Committees at secondary level and Project Committees at the Project level were constituted for the effective functioning and participation of the farmers for the efficient and equitable distribution of water.

2

2 30-7-2007 The Government of Andhra Pradesh vide G.O. Ms. No. 130, dated 30-7-2007 issued directions for implementation of Act 11 of 1997 and for timely monitoring performance of the irrigation projects. Para VI (b) prescribe that there shall be one Training Coordinator for each circle.

4

3 15-6-2007 In pursuance of the notification, we the Petitioners herein have applied for the post of Training Coordinator. After due selection, we were selected and appointed. The Commissioners, CAD, vide letter dated 15-6-2007 allotted us to various irrigation circles. Some of the Petitioners names are figuring at Column No. 4 of the Annexure. Accordingly, Petitioners reported to the Circle offices.

4

4 8-8-2007 On reporting for duty on 8-8-2007, the 1st Petitioner was asked to execution of agreement with the Superintending Engineer. The agreement envisages that he should work on consolidated work of Rs.18,000/- per month. Contract agreement was remain in force for two years from 8-8-2007 to 7-8-2009.

4

26

5 22-1-2013 Subsequently, 1st Petitioner services were extended and vide letter dated 22-1-2013 his contract term was extended from 3-2-2013 to 2-2-2015 and remuneration was fixed to Rs.29,300/- Similar agreements are entered into with other Petitioners also.

4

6 11-2-2014 The Superintending Engineer, NSLBC Circle, Tekulapalli, Khammam District, has also addressed a letter dated 11-2-2014 that my services are essential for implementation of the IPMAP activities, submission of correspondence of Farmers organizations, information support, coordination with line department and other activities in the Circle. Similar recommendations have been forwarded to the Superintending Engineers that Petitioner services are essential for farmers and the organization.

7

7 13-3-2014 The Director General, WALAMTARI, has issued proceedings No 8247/Team-8/HRM/2012, DATED 13-3-2014 that in view of the bifurcation of the State, it was decided to dispense with services of the Petitioners and accordingly Petitioners were issued with one month notice cum termination order and it was informed that on completion of notice period, their services shall stand relieved.

8

8 Nil Aggrieved by the same, the present Writ Petition is filed.

ANNEXURE -II

Under Art. 226 of the Constitution of India.

Hyderabad,Dt. –4-2014. COUNSEL FOR THE PETITIONER

27


W.P.NO. OF 2014

RUNNING INDEX

SL.NO.

DESCRIPTION OF THE DOCUMENT

DATE OF PAPER

DATE OF FILING

PAGE NO.

01 SERVICE CERTIFICATE02 COURT FEE03 PETITION04 ANNEXURE05 AFFIDAVIT06 MATERIAL PAPERS :07 Proceedings No 8247/Team-

8/HRM/201213-3-2014 P-1

08 Letter of Commissioner to Superintending Engineer

15-6-2007 P-2

09 G.O. Ms. No. 130 30-7-2007 P-310 Joining report of the 1st

Petitioner 8-8-2007 P-4

11 Agreement extending the services of the 1st Petitioner from 3-2-2009 to 2-2-2011

25-4-2009 P-5

12 Agreement extending the services of the 1st Petitioner from 3-2-2011 to 2-2-2013

21-1-2011 P-6

13 Letter extending the services of the 1st Petitioner from 3-2-2013 to 2-2-2015

22-1-2013 P-7

14 G.O. Ms. No. 20 12-2-2013 P-815 Letter of Superintending

Engineer11-2-2014 P-9

16 Meeting held in the Office of the Commissioner of CADA

6-3-2014 P-10

17

18

19 VAKALATH20 ADDRESS OF RESPONDENTS

Hyderabad,Dt. –4-2014. COUNSEL FOR THE PETITIONER

28

KHAMMAM DISTRICT

IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESHAT HYDERABAD


W. P. No. OF 2014

Between:K.Nagamalleswara Rao, S/o. Surya Rao and others

…PetitionersAND

Government of Andhra Pradesh, Irrigation & Command Area Development Dept., A.P. Secretariat, Hyderabad, Rep. by its Special Secretary to Government and others

…Respondents

MAIN PRAYER

It is therefore prayed that this Hon'ble Court may be pleased to issue

a writ, order or direction more particularly one in the nature of Writ of

Mandamus or any other appropriate writ (i) declare the proceedings No

8247/Team-8/HRM/2012, DATED 13-3-2014 issued by the Respondents as

illegal and arbitrary; (ii) declare that the action of the Respondents in

terminating the services of the Petitioners in view of the bifurcation of the

State of Andhra Pradesh as illegal, arbitrary and unjust; and (iii)

consequently set aside the proceedings No 8247/Team-8/HRM/2012,

DATED 13-3-2014 with a further direction to the Respondents to continue

the Petitioners in service and pass such other order or orders as this Hon'ble

Court may deem fit and proper in the interest of justice.

SMT. K.UDAYA SRI (4199)

29

k.nagamalleswara rao walamtari

Documents