Telangana High Court
WP/7278/2004 of Sk. Madeena Vs A.P.Study Circle, rep by its Director, B.R. Ambedkar Bhavan on 28 December 2004
COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY EIGHTH DAY OF DECEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE B.PRAKASH RAO WRIT PETITION NO : 7278 of 2004 Between: Sk. Madeena S/o. (Late) Madeena A.P. Study Circle Branch,
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
(Special Original Jurisdiction)
TUESDAY, THE TWENTY EIGHTH DAY OF DECEMBERTWO THOUSAND AND FOUR
PRESENT
THE HON'BLE MR JUSTICE B.PRAKASH RAO
WRIT PETITION NO : 7278 of 2004
Between:
Sk. Madeena S/o. (Late) MadeenaA.P. Study Circle Branch, Visakhapatnam.
AND
..... PETITIONER
1. A.P.Study Circle, rep by its Director, B.R. Ambedkar Bhavan,Lower Tank Bund Road, Hyderabad.
2. The commissioner of Social Welfare, Telugu Samkshema BhavanMasabtank, Hyderabad.3. The Deputy Director A.P. Study Circle Plot No.17, D.No.10-1-11/3,Gangapur, Layout, Visakhapatnam-3
.....RESPONDENTS
Petition under Article 226 of the constitution of India praying that in thecircumstances stated in the Affidavit filed herein the High Court will be pleased toissue a writ, order or direction more in the nature of mandamus declaring the actionof the respondents in not regularising the services of the petitioner on par with thesimilarly situated persons who are working at A.P. Study Circle, Hyderabad, and notgranting pay scale attached to the post and also not considering the case of thepetitioner as per Amendment Act 27/98 Dt:19-8-1998 which was interpreted by theDivision Bench of this hon. Court as arbitrary, illegal and violative of Article 14,16
and 21 of the constitution of India and consequentially to direct the respondents toregularize the services on par with other similarly situated persona as referred in thebody of W.P.
Counsel for the Petitioner :MR.P.V.RAMANA
Counsel for the Respondent No.2: GP FOR SOCIAL WELFARECounsel for the Respondents 1 and 3: Mr. G. Chadraiah.
The Court made the following :
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ORAL ORDER:
Heard both sides and at their request the writ petition itself is taken up fordisposal.
The only grievance of the petitioner in this writ petition is to consider his casefor regularization on par with his juniors who were sought to be given the benefit ofpromotion without considering his case. Further reliance is also placed by thecounsel for the petitioner on a decision reported in SECRETARY, A.P.S.W.R.E.I.SOCIETY, HYDERABAD V. P. VENKATA KUMARI ([1.]).
Following the same, there cannot be any objection in this regard from therespondents.
The writ petition is accordingly disposed of directing the respondents toconsider the case of the petitioner for promotion to the post of Cook or any othersuitable post, on par with his juniors. The entire exercise shall be completed within aperiod of six weeks from the date of receipt of a copy of this order. No order as tocosts.
28.12.2004
To
1. The Director, A.P. Study Circle, B.R. Ambedkar Bhavan, Lower Tank Bund Road, Hyderabad.
2. The commissioner of Social Welfare, Telugu Samkshema Bhavan Masabtank, Hyderabad.
3. The Deputy Director A.P. Study Circle Plot No.17, D.No.10-1-11/3,Gangapur, Layout, Visakhapatnam-3
4. 2 CCs to G.P. for Social Welfare, High Court Buildings, Hyderabad (OUT).
5. 2 CD copies.
THE HON'BLE MR JUSTICE B.PRAKASH RAO
28.12.2004