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2026 Supreme(Online)(AP) 18471

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI


2026:APHC:18521


WRIT PETITION NO: 9301 OF 2026



Between:


1. THUMMALAGUNTA PRATAP KUMAR, S/O DEVASAHAYAM, AGED ABOUT 28 YEARS, OCC OUTSOURCING EMPLOYEE (ASSISTANT STORES OFFICER), R/O. 11, NEAR CHURCH ROAD, DINTHNAPADU (V), THIMMAPURAM, GUNTUR - 522 233 ...PETITIONER


AND


1. ANDHRA PRADESH STATE OF BEVERAGES CORPORATION LIMITSED, PROHIBITION AND EXCISE COMPLEX, IHC CORPORATE, MANGALAGIRI, REPRESENTED BY ITS MANAGING DIRECTOR-522503.


2. THE GENERAL MANAGER ADMIN, ANDHRA PRADESH STATE BEVERAGES CORPORATION LIMITED, 1ST FLOOR, PROHIBITION AND EXCISE COMPLEX, IHC CORPORATE, MANGALAGIRI-522503.


3. THE MANAGER, IMFL DEPOT, NARASARAOPET, PALNADU DISTRICT-522601


4. THE DEPOT MANAGER, ANDHRA PRADESH STATE BEVERAGES CORPORATION LTD., IMFL DEPOT, NARASARAOPET, PALNADU DISTRICT-522601.


5. M/S SRR PROJECTS, SRI ANJANEYA TOWN SHIP, BLOCK 'C, EDUPUGALLU, KANAKIPADU, VIJAYAWADA, NTR DISTRICT, REP. BY ITS MANAGING DIRECTOR-521151.
...RESPONDENT(S)



Counsel for the Petitioner:


1. K JOSEPH


Counsel for the Respondent(S):


1.


THE HONOURABLE SRI JUSTICE D RAMESH


WEDNESDAY, THE FIFTEENTH DAY OF APRIL TWO THOUSAND AND TWENTY SIX

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the action of Respondent Nos. 3, 4 and 5 in illegally and arbitrarily surrendering the Petitioner to the outsourcing agency M/s. SRR Projects on the basis of a false and fabricated misconduct report dated 08.12.2025 Rc.No.APSBCL/IMLD/NRT/PERSNL- OS/2025-26 and bearing thereby denying the Petitioner entry into IMFL Depot, Narasaraopet, from 15.11.2025, as illegal, arbitrary. unconstitutional and violative of Articles 14, 19 and 21 of the Constitution of India and consequently direct the respondents to continue the Petitioner as Assistant Stores Officer (Outsourcing) at IMFL Depot, Narasaraopet with continuity of service, and pass

IA NO: 1 OF 2026

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to pass orders directing the respondents herein to Consequently, direct the Respondents to forthwith permit the Petitioner to resume his duty as Assistant Stores Officer (Outsourcing) at IMFL Depot, Narasaraopet with continuity of service duly paying the salary and wages in arrears from 15.11.2025 till the date of reinstatement and continue to pay the same, and to pass

The Court made the following:

ORDER:-

This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief:

“….to issue order or orders, direction or directions, Writ or Writs particularly one in the nature Writ of Mandamus declaring the action of Respondent Nos. 3, 4 and 5 in illegally and arbitrarily surrendering the Petitioner to the outsourcing agency M/s. SRR Projects on the basis of a false and fabricated misconduct report dated 08.12.2025 Rc.No.APSBCL/IMLD/NRT/PERSNL-OS/2025-26 and bearing thereby denying the Petitioner entry into IMFL Depot, Narasaraopet, from 15.11.2025, as illegal, arbitrary, unconstitutional and violative of Articles 14, 19 and 21 of the Constitution of India and consequently direct the respondents to continue the Petitioner as Assistant Stores Officer (Outsourcing) at IMFL Depot, Narasaraopet with continuity of service…”

Heard learned counsel for the Petitioner and learned Standing Counsel for the Respondents.

The main grievance of the Petitioner is that he is working under the Respondent No.5/Contractor as Assistant Stores Officer on outsourcing basis at APSBCL, IMFL Depot, Narasaraopet, Guntur-III, vide Circular No. A2/ Retail Outlets/ 2019/514, dated 15.09.2019 issued by the General Manager (Administration) APSBCL, through Respondent No.5. The Petitioner has been continuously working since 6 years from 20.09.2019. Now the services of the Petitioner have been directed to be terminated without providing any opportunity not even following the principles of natural justice. Hence, the present writ petition.

The learned standing counsel appearing on behalf of the respondents have taken preliminary objection with regard to the maintainability of the present writ petition basing on the observations made by the Division Bench of this Court in T. Subba Reddy and others vs. State of Andhra Pradesh in W.A.No.467 of 2023, vide its judgment dated 14.07.2023, the Division Bench of this Hon’ble Court has held as under:

“9. Undisputedly there is no privity of contract between the official respondents and the appellant. The recruitment was done by the respondent No.3 the contractor. The petitioner was not engaged by the respondent Nos.1 and 2.

10. With respect to the payment by the respondent No.2 out of escrow account, in a similar matter, in W.P.Nos.12035, 12154 and 11898 of 2021, this aspect was elaborately dealt in judgment dated 05.08.2021. It is apt to reproduce the relevant part, as under:-

“T

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