Telangana High Court
WP/221/2022 of Bhupati Venkateswara Rao Vs The State of Telangana on 31 December 2024
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE THIRTY FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SRI JUSTICE PULLA KARTHIK WRIT PETITION NO: 221 OF 2022 AND 1 Bhupili Venkateswara Rao, S/o. Ramanuja Rao, Aged 51 years,
HIGH COURT FOR THE STATE OF TELANGANAAT HYDERABAD(Special Original Jurisdiction)
TUESDAY, THE THIRTY FIRST DAY OF DECEMBERTWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE PULLA KARTHIK
WRIT PETITION NO: 221 OF 2022
Between:
Bhupili Venkateswara Rao, S/o. Ramanuja Rao, Aged 51 years, Working asAsst. Executive Engineer (Housing), Nalgonda District, Presently Working asPersonnel Assistant to Government Whip. Ft/o. H. No. 11-15-130/1/203,Sapthagiri Nivas, Doctors Colony, Road No.6, Saroornagar, Hyderabad-35.
...PETITIONER
AND
1The State of Telangana, Rep. by lts Principal Secretary, Housing Department,Secretariat, Saifabad, Hyderabad.Secretariat, Saifabad, Hyderabad.
2The Telangana State Housing Corporation Ltd, Rep. by its t\rlanaging Director,Urdu Galli, Himayathnagar, Hyderabad.Urdu Galli, Himayathnagar, Hyderabad.
3The Project Director, Telangana State Housing Corporation Ltd., Nalgonda,Nalgonda District.Nalgonda District.
...RESPONDENTS
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Petition under Article 226 ot lhe Constitution of lndia praying that in thecircumstances stated in the affidavit filed therewith, the High Court may becircumstances stated in the affidavit filed therewith, the High Court may bepleased to issue an order or direction more particularly in the nature of Writ ofMandamus, declaring the action of Respondent No. 1 in rejecting the case of thepetitioner for regularization vide Letter No 19'17N.C.A2l201B as illegal, arbitraryand discriminatory and not considering regularization of the services of theand discriminatory and not considering regularization of the services of thePetitioner for the Post of Assistant Executive Engineer/Assistant EngineerGraduate, pursuant to the Letter vide Lr. No. A3/20141332012104, dated 12-10-2020 addressed by the Respondent No.2 and similar to the benefit given toemployees of Endowments Dept vide G. O. Rt. No. 121, dated 09-03-2018 andalso to other employees vide G. O. Ms. No. 38 Finance HRM.I Dept dated 30-04-employees of Endowments Dept vide G. O. Rt. No. 121, dated 09-03-2018 andalso to other employees vide G. O. Ms. No. 38 Finance HRM.I Dept dated 30-04-2O23 as illegal, arbitrary, discriminatory and in violation of Articles 14,16 and 21 of the Constitution of lndia, and consequen y direct the Respondents [.l ]and 2 toregularize the services of the petitioner to the [post ]of Assistant ExecutiveEngineer/Assistant Engineer Graduate with effect from 01-06-2016 i.e., from thedate [petitioner ]was given minimum in time scale of pay as Graduate AsstEngineer.
(As per Court order dated 01.07.2024 vide l.A.No.1 ot 2O24 in W.p. 221 of2022. Prayer is amended)2022. Prayer is amended)
lA NO: 1 OF 2022
Petition under Section 151 cPC praying that in the circumstances stated inthe affidavit filed in support of the petition, the High court may be pleased to directthe Respondent No.1 to forthwith take a decision for reg.ularization of the servicesof the [petitioner ]to the Post of Assistant Executive Engineer/Assistant Engineer(Graduate), pursuant to the Letter vide Lr.No.43/2014t222O12104, dated1211012020 addressed by the Respondent No.2 upon the Representation, dated2310812020 made by the Petitioner, pursuant to G.O.Rt.No.12.l , dated 09/03/2018,pending the disposal of the Writ Petition.
Counsel for the Petitioner: SRI M.V. RAMA RAO
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Counsel for the Respondent No.1: GP FOR SERVICES-I|i Counsel forthe Respondent Nos.2 and 3: SRI B. SHIVA KUMARThe Court made the following: ORDER
t,
THE HON'BLE SRI JUSTICE PULLA KARTHIK
WRIT PETITION No.221 of 2022
ORDER:
Aggrieved by the action of respondent No.1 in rejecting the caseof the petitioner for regularization vide letter No. 1917 lV.C.A2l2Ol8,the present Writ Petition is filed.
2) Heard Sri M.V. Rama Rao, learned counsel for the petitioner,learned Government Pleader for Services-Ill appearing for respondentNo.1 and Sri B. Shiva Kumar, lear-ned Standing Counsel forrespondent Nos.2 and 3.
3) When the matter is taken up for hearing, learned counsel forthe petitioner submits that the lrs raised in the present writ petition issquarely covered by the common order dated 08.O9.2020 passed bythe Division Bench of this Court in W.P. No.7098 of 2O2O & batch andthe order dated 12.11 .2O24 passed by Hon'ble Supreme Court inSpecial Leave Appeal No.27115 of 2018. Therefore, learned counselprays this Court to pass a similar order in the present writ petitiona1so.
5) The above made submission is not seriously disputed by thelearned Standing Counsel.
6) In view of the above, the impugned order No. 19 17 lV .C.A2 /2018dated 02.06.2020 passed by respondent No.1 is set aside and tt _')PK, JwP-221 2022
respondent No. 1 is directed to reguiarize the services of the petitionerin terms of the proposals sent by Managing Director of theCorporation i.e. respondent No.2 vide letter No.A3/2O14 13320/ 2104,dated 12.10.2020, after completion of 10 years of service in the cadreof Assistant Executive Engineer/Assistant Engineer (Graduate), asexpeditiously as possible, preferably, within a period of eight weeksfrom the date of receipt of a copy of this order.
7) Accordingly, the Writ petition is aliowed.
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Miscellane ous petitions pending, if any, shall stand closed There shall be no order as to costs SD/-T. TIRUMALA DEVIASSISTANTREGISTRAR
//TRUE COPY//
SN OFFICER
To,'1 The. The Principal Secretary, Housing Department, Secretariat, Saifabad, State of Telangana, Hyderabad.z. ine fr/anagingioirectoi, [The ][Telangana State Housing Corporation ][Ltd' ][Urdu]Galli, Himayathnagar, Hyderabad.:. fne i'roteci Direct6r, Telangana [State ][Housing ][Corporation Ltd., ][Nalgonda,]Naloonda District.4. On; CC to Sri M. V. Rama [Rao, ][Advocate ][OPUC]5. One CC to Sri B. Shiva Kumar, [Advocate ][OPUC]6. Two CD CopiesTJBS
\
HIGH COURT
DATED:31 11212024
,71[f ][srr])o,o2 i JA|l [?[?5])..+-6,,1,ORDERt OESPATC qfc=r-WP.No.221 of 2022ALLOWING THE WRIT PETITIONWITHOUT COSTS-DI
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