Telangana High Court

WP/18243/2015 of GOVT.OF TELANGANA,PRL.SCY,HOME,HYD,AND 2 Vs D.RAVINDER,HYD,ANDANOT on 30 December 2022

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE THIRTIETH DAY OF DECEMBER TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SRI JUSTICE ABHINAND KUMAR SHAVILI AND THE HONOURABLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO WRIT PETITION NO: 18243 OF 2015

HIGH COURT FOR THE STATE OF TELANGANAAT HYDERABAD(Special Original Jurisdiction)

FRIDAY, THE THIRTIETH DAY OF DECEMBERTWO THOUSAND AND TWENTY TWO

PRESENT

THE HONOURABLE SRI JUSTICE ABHINAND KUMAR SHAVILIAND

THE HONOURABLE SRI JUSTICE NAMAVARAPU RAJESHWAR [RAO]

WRIT PETITION NO: 18243 OF 2015

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1. The State of Telangana, Rep. By its Principal Secretary, Home Department,Secretariat Buildings. Hyderabad.Secretariat Buildings. Hyderabad.

2. ihe Additional Director General of Police., Home Guards. [Hyderabad.]

3. The Commandant, Home Guards. Hyderabad City. Hyderabad.(C.T of petitioner No.1is amended as per Court Order dated 18-6-2015 inWPMP.No.22783 of 20'l 5)(C.T of petitioner No.1is amended as per Court Order dated 18-6-2015 inWPMP.No.22783 of 20'l 5)

...PETITIONERS/RESPONDENTS INO.A.No.5516 of 2014

AND

'1. D.Ravinder, S/o. D Narsaiah, Occ: Home Guard (50'19), (under order ofremoval), R/o. H.No. 4-7-312.2nd Floor. Raghavendra Nagar, Nacharam,Uppal, Hyderabad.removal), R/o. H.No. 4-7-312.2nd Floor. Raghavendra Nagar, Nacharam,Uppal, Hyderabad.

....RESPONDENT/APPLICANT INAPPLICANT INO.A.No.5516 OF 20'16

2. A. P Administrative Tribunal, Rep by Registrar. Purana Haveli. Hyderabad.

...RESPONDENTS

Petition Under Artide 226 of the Constitution of lndia [praying ]that in thecircumstances stated in the affidavit filed therewith, the High Court [may ][be]pleased to issue a Writ order or direction more particularly one in the nature or"Writ of Certiorari" and to call for records related to order of Hon'ble AndhraPradesh Administrative Tribunal, Hyderabad dated. 17.09.2014 in [U.A.]NO.5516/20 I 4 and quash or set aside the same.

LA.NO:2 OF 201SWPMP. NO. 23618 OF 2015)

Petition under Section 15.1 CPC praying that in the circumstances stated inthe affidavit filed in support of the petition, the High Court may be pleased tosuspend the operation of the order, dated 17.09.2O14 [passed ]inOA.No.5516/2014, on the file of the Hon'ble AP Administrative Tribunal.Hyderabad pending disposal of the writ petition.

Counsel for the Petitioners : GP FOR SERVICES [- ]|

Counsel for the Respondents : ---

The Court made the following ORDER

HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI

ANI)

IION,BLE SIII JUSTICE NAN{A\,:\IIAPU RAJESII\\,AR R\OWrit Petition No.18243 of 2015

ORDER : (Per Hon'ble Sri Justice Abhinand [Kuntar Shavili)]

When the matter is taken up for hearing, learnedGovernment Pleader for Services-I, appearing for the [petitioners]submitted that the issue raised in the present Writ Petition [is]squarely covered by a orders passed by the Division Bench ol thisCourt in Writ Petition No.1539 of 2014, which was dismissed bythis court uide order dated 11.1O.2O22.

In view of above, by following the orders passed by theDivision Bench of this Court in Writ Petition No. 1539 of 2014,which was dismissed by this Court uide order dated ll.lo.2o22,the present Writ Petition also deserves to be dismissed on similarlines.

Accordingly, the Writ Petition is dismissed as above. Nocosts.

As a sequel, miscellaneous applications pending il any inthis Writ Petition, sha,ll stand closed.

SD/-K.AMMAJIASSISTANT REGISTRAR//TRUE COPY//

tSECTION OFFICER

To1. Two CC to GP FOR SERVICES- l, High Court for the State of Telangana atHyderabad. [OUT]2. Two CD Copies3. One spare copy(Along with a copy of the order dated 11-10-2022 passed in Wp.No.1539 of2O14)

S,ABS

?

HIGH COURT

DATED:3011212022

ORDERWP.No.18243 of 2015

DISMISSING THE W.PWITHOUT COSTS.6)*-fu" ry6"

*iE si4or.AfiL0 2 rr8 2023v1ri,qi1

THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILIANDTHE HON'BLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO

Writ Petition No.1 539 of 2OL4

ORDER: (Per Hon'ble Justice Abhinand Kumar Shautti)

When the matter is taken up for hearing, learnedGovernment Pleader for Services-I, appearing for the petitioners,Government Pleader for Services-I, appearing for the petitioners,has fairly conceded that the issue raised in the present WritPetition is squarely covered by a judgment rendered by thisHon'ble Court in Writ Petition No.35460 of 2Ol3 and batch,Petition is squarely covered by a judgment rendered by thisHon'ble Court in Writ Petition No.35460 of 2Ol3 and batch,dated 08.06.2018 and that the present Writ petition is alsoliable to be dismissed.liable to be dismissed.

2. A learned Division Bench of this Hon,ble Court in WritPetition No.3546O of 2Ot3 and batch, dated 08.06.2O18 hasheld as under :

'On the aboue analgsis, the Wit petitionsaredrsmissed but subject to the follouting cond.itions :1. The ftrst respondents-applicants in all thesecases sha// be subjected to a phgsical test to ascertaintheir fitness before being reinducted. in seruice as HomeGuards. An objectiue and transparent procedure shall beadopted bg the State ond its police offtcials in this regardand all deseruing candidates shall again be enrolled onthe rolls of the Home Guards Organization.

2. Enrollment of such deseruing cand.idatesshall, hotueuer, not houe the effect of confening upon them the benefit of continuity of seruice, senioity, anears of pagetc. for all purposes. Their enrolment uould be on pdlw it h fre sh appoint me nt s.

Pending miscelLaneous petition-s, if any, shall alsostand dismissed- No order as fo cosls. "3. This Court, having considered the submissions of thelearned Government Pleader for Services-I, appearing for thepetitioners, is of the considered view that since similar issuewhich was raised in the present Writ Petition has already beenadjudicated by this Hon'ble Court vide Writ Petition No.35460 of2O13 and batch, dated 08.06.2018; therefore, following theorder passed in the said writ petition and for reasons alike, thepresent Writ Petition is also dismissed as above. No costs.

4. As a sequel, miscellancous applications pending if any inthis Writ Petition, shall stand closed.

ABHINAND KUMAR SHAVILI, J

NAMAVARAPU RAJESHWAR RAO, J

Date ['. ]11.1O.2022

Note :: Office is direct to annex copy of the orderpassed in Writ Petitiou No.3546O of 2013 and batch.datcd O8.06.2018 to this file.datcd O8.06.2018 to this file.

Ntlr / Tmk

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