Telangana High Court

WP/14812/2004 of K.Linga Reddy Vs The Governemnt of India on 28 December 2004

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HIGH 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 : 14812 of 2004 Between: K.Linga Reddy S/o. Venkata Reddy Deputy Director Central

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 : 14812 of 2004

Between:

K.Linga Reddy S/o. Venkata Reddy Deputy Director Central Institute of Tool Design, Balanagar, Hyderabad.

AND

..... PETITIONER

1 The Government of India rep. by its Secretary to the Government Ministry of Industries Udyog Bhawan, New Delhi-110 001. Ministry of Industries Udyog Bhawan, New Delhi-110 001.

2 The Chairman Central Institute of Tool Design and Addl. Secretary Cum Development Commissioner (SSI) Ministry of Small Scale Industries Government of India, 7th Floor, Nirman Bhavan, New Delhi.3 The Principal Director Central Institute of Tool Design, Balanagar, Hyderabad. Cum Development Commissioner (SSI) Ministry of Small Scale Industries Government of India, 7th Floor, Nirman Bhavan, New Delhi.3 The Principal Director Central Institute of Tool Design, Balanagar, Hyderabad.

.....RESPONDENT(S)

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 Certioraricalling for the records relating to the order issued by the 3rd respondent inRef.CITD/ESTB/3/2004 dated 11.8.204 and set aside the same as illegal, arbitrary,unjust and discriminatory and further declare that the petitioner's Voluntaryretirement application is deemed to have been accepted w.e.f. 30-6-2004 and directthe respondents to release all the voluntary retirement scheme benefits to thepetitioner immediately in the interest of justice.

Counsel for the Petitioner:MR.D.RAMAKRISHNA

Counsel for the Respondent Nos. 2 and 3: SMT.P.MADHAVI DEVICounsel for the Respondent No.1: Mr. A. Rajashekara Reddy (SC for CG)

The Court made the following :

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ORAL ORDER:

Heard both sides and at their request the writ petition itself istaken up for disposal.

The petitioner challenges the impugned order dated 11.8.2004.His main grievance in this writ petition is that even though this courthad given a specific direction in W.P.No.13433 of 2004 dated2.8.2004 to consider his case for Voluntary Retirement Scheme, thesame was not considered.

A perusal of the impugned order would go to show that therespondents have neither considered the VRS application of thepetitioner nor the orders issued by this court earlier in the said writpetition. It is submitted by the learned counsel for the petitioner thatwithout considering the VRS application of the petitioner dated7.1.2004, the respondents passed the impugned orders.

In the circumstances, the writ petition is allowed and theimpugned order dated 11.8.2004 is set aside and the matter isremitted back for reconsideration afresh in terms of the directionsissued by this court in the earlier writ petition and the applications filedby the petitioner in support thereof. The respondents are directed to pass fresh orders on merits in accordance with law, after givingopportunity to the petitioner. No order as to costs.

28.12.2004

CVM

To,

The Government of India rep. by its Secretary to the Government Ministry of Industries Udyog Bhawan, New Delhi-110 001.

2 The Chairman Central Institute of Tool Design and Addl. Secretary Cum Development Commissioner (SSI) Ministry of Small Scale Industries Government of India, 7th Floor, Nirman Bhavan, New Delhi.

3 The Principal Director Central Institute of Tool Design, Balanagar, Hyderabad. Balanagar, Hyderabad.

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