Telangana High Court
WP/8127/2004 of A. Seshaiah S/oA.Polaiah Vs The Commandant, CISF Unit, on 29 December 2004
HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY NINTH DAY OF DECEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE B.PRAKASH RAO WRIT PETITION NO : 8127 of 2004 Between: A . Seshaiah S/oA.Polaiah R/o CISE Quarter No. 8/1, C.I.S.F.
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
(Special Original Jurisdiction)
WEDNESDAY, THE TWENTY NINTH DAY OF DECEMBERTWO THOUSAND AND FOUR
PRESENT
THE HON'BLE MR JUSTICE B.PRAKASH RAO
WRIT PETITION NO : 8127 of 2004
Between:
A. Seshaiah S/oA.Polaiah
R/o CISE Quarter No. 8/1, C.I.S.F. Complex, NFC., E.C.I.L. Post, Hyderabad-62
AND
..... PETITIONER
The Commandant, CISF Unit, NFC ECIL, Post, Hyderabad
.....RESPONDENT
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 Writ order or direction more particularly one in the nature of writ of Mandamusdeclaring the action of the respondent in proposing to retire the petitioner fromservice on invalidation as per Rule 38 of CCS Pension) Rules, 1972 w.e.f. 23-5-2004 vide proc.No. E-38016/CISF/NFC/ ADM.III/04/414, dated 22-4-2004 which iscontrary to the section 47 of Persons with Disabilities (Equal Opportunitiesprotection of Rights and Full participation) Act, 1995 and Judgment of the Hon'bleSupreme Court of India in Kunal singh ( s case reported in 2003 LAB.I.C. 1333 apartfrom violative of Article 14, 16 and 21 of the Constitution of India and consequentlydirect the respondent to continue the petitioner in service by utilising his services inDespatch Section or in any other post.
Counsel for the Petitioner:MR.J.M.NAIDU
Counsel for the Respondent No.: MR. A. RAJASHEKAR REDDY (SC FOR CG)
The Court made the following :
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ORAL ORDER:
Heard both sides.
It is represented by the learned Standing Counsel appearing for therespondent that the question involved, especially as to the applicability of theprovisions of the Disabilities (Equal Opportunities, Protection of Rights and FullParticipation) Act 1995, is no longer Res Integra. This Court in W.P.No.8776 of 2000dated 4.11.2004 held that the said Act has no application to the respondent herein inview of the notification issued by the Central Government on 10.9.2002, exemptingits applicability.
Following the same, nothing survives in the writ petition and the same isaccordingly dismissed. No order as to costs.
29.12.2004
CVM
To,
1. The Commandant, CISF Unit, NFC ECIL, Post, Hyderabad2. 2 CDs.2. 2 CDs.