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
Coordinator on 1-7-2007 and he is presently working at Irrigation Circle,
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
Coordinator on 27-8-2007 and he is presently working at Irrigation Circle,
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:
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.
9
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
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)
IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT 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.
12
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
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)
IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD
(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.
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.
17
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
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
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. HYDERABADDT. -4-2014 COUNSEL FOR THE PETITIONER
BATTA
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. HYDERABADDT. -4-2014 COUNSEL FOR THE PETITIONER
20
RESPONDENTS ADDRESSES:
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.
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
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.
22
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
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
IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD
W.P.M.P. NO. OF 2014 IN 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.
24
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
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
IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD
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
IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD
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
(SPECIAL ORIGINAL JURISDICTION)
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