THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR
Writ Petition No.21263 of 2014
DATED:12.12.2014 Between:
Bhamidipati Nageswara Rao, Visakhapatnam and others.
And The Registrar Administration, High Court of Judicature at Hyderabad For the States of Telangana & Andhra Pradesh,, Hyderabad and others.
… Petitioners ….Respondents THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR
Writ Petition No.21263 of 2014
Order: (per Sri Justice Sanjay Kumar)
This writ petition was filed by fourteen (14) members of the Judicial Ministerial Staff working in Visakhapatnam, Andhra Pradesh with the following prayer:
“to issue a Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 2nd respondent-District Judge, Visakhapatnam in not considering the case of the petitioners as per the recommendations and the principles, norms and guidelines laid down by Hon’ble Justice Jagannadha Shetty Commission, as illegal, arbitrary and unjustifiable and in violation of the principles of natural justice and in violation of the Articles 14, 16 and 21 of the Constitution of India and also in violation of true letter and spirit of the Government order in G.O. Ms. No. 100, Law (LA & J-Home Courts.D) Department, dated 8.8.2013 and also the proceedings of the Honourable High Court in its ROC No: 3403/2013-C1, dated 23.4.2014 and consequently, to direct the respondent No.2 to continue the petitioners in the same promotional post in which the petitioners are discharging their duties as on the date of implementation of G.O. Ms. No. 100, i.e., as on 1.2.2014, by way of re-designation in pursuance of the true letter and spirit of the said G.O. and pass such other order or orders.
It is now stated by Sri Posani Venkateswarlu, learned Standing Counsel appearing for the respondents 1 and 2, that a clarification has been issued by the Registrar (Administration) of the High Court under Fax Roc No. 1683/2014-C1 dated 29.11.2014 informing all the Principal District Judges/Unit Heads to follow Note-1 incorporated in G.O. Ms. No. 100 dated 8.8.2013 and the instructions of the High Court in its letter dated 23.4.2014. They were also directed to follow the instructions issued scrupulously and take consequential steps in the matter within a time frame. It is stated that in the light of the aforestated communication of the High Court, the District Judge, Visakhapatnam, shall necessarily have to review the action taken by him against the petitioners which is the cause for the grievance in this writ petition. Pending such review, the District Judge, Visakhapatnam shall not give effect to his earlier decision.
With the above clarification, the writ petition is closed.
Pending miscellaneous applications shall also stand closed. No order as to costs.
K.J. SENGUPTA, CJ 12th December, 2014 Pnb SANJAY KUMAR, J