Telangana High Court

WP/24045/2004 of B.S. Mallesh S/o B. Sathaiah Vs The Assistant Superintendent of Post Offices, on 30 December 2004

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COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE THIRTIETH DAY OF DECEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE G. BIKSHAPATHY and THE HON'BLE MR JUSTICE P.S.NARAYANA WRIT PETITION NO : 24045 of 2004 Between: B.S. Mallesh S/o B.

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IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD

(Special Original Jurisdiction)

THURSDAY, THE THIRTIETH DAY OF DECEMBERTWO THOUSAND AND FOUR

PRESENT

THE HON'BLE MR JUSTICE G. BIKSHAPATHY

and

THE HON'BLE MR JUSTICE P.S.NARAYANA

WRIT PETITION NO : 24045 of 2004

Between:

B.S. Mallesh S/o B. Sathaiah

Aged about 35 years,R/o Medchal, Secunderabad

AND

..... PETITIONER

1 The Assistant Superintendent of Post Offices, Hyderabad NorthSub-Sub- Division, General Post Office, Abids, Hyderabad 2 The Senior Supdt. of Post Offices, Hyderabad City Division, GPO

Abids, Hyderabad

.....RESPONDENTS

Petition under Article 226 of the constitution of India praying thatin the circumstances stated in the Affidavit filed herein the High Courtwill be pleased to issue a Writ, order or direction, especially, one inthe nature of Writ of Certiorari calling for the records, the orderspassed by Cntral Administrative Tribunal, Hyderabad Bench,Hyderabad in O. A. No. 998/2001 dt 17-7-2001 and to quash thesame, consequently directing the respondents to keep the petitioner's name in the waiting list as per the instructions in DGP&Tletter NO. 43-4/77/PEN dt 23-2-1979 and provide alternateappointment as per his turn.

Counsel for the Petitioner:MR.CH.RAVINDER

Counsel for the Respondent Nos.1 and 2: MR.A.RAJASHEKAR

REDDY (SC FOR CG)

The Court made the following :

ORDER: (per Hon’ble Mr.Justice G.Bikshapathy)

The Writ Petition is filed challenging the order passed by the CentralAdministrative Tribunal, Hyderabad in O.A.No.998/2001 dated 17-7-2001.

2. The petitioner filed the O.A. seeking regularization of his service as Extra Departmental Delivery Agent. The said O.A. was dismissedwith the following observations:

“No rules are shown to us in support of this contention. Aprovisionally appointed Extra Departmental Delivery Agent isonly entitled for placing his name in the waiting list if he hadworked for more than 3 years but no right accrues in him forabsorption.”

3. The learned Counsel for the petitioner now submits that thepetitioner’s name may be placed in the waiting list since he hasworked for more than three years and at this stage he is notinterested in seeking regularization of his service.

4. In view of the submission, we dispose of the Writ Petition with adirection that if the petitioner fulfils the conditions for placing him in thewaiting list in accordance with the Posts and Telegraphs Extra-Departmental Agents (Conduct and Service) Rules, 1964, theauthorities are directed to consider the same and pass appropriateorders. No order as to costs.

____________________

Justice G.Bikshapathy

____________________

Justice P.S.NarayanaDate : 30-12-2004

AM

ASSISTANT REGISTRAR

To

1 The Assistant Superintendent of Post Offices, Hyderabad NorthSub- Division, General Post Office, Abids, Hyderabad 2 The Senior Supdt. of Post Offices, Hyderabad City Division, GPO

Abids, Hyderabad

3. 2CD copies

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