S.Rajaiah, Hyderabad. v. State Ob Ap By Prl.Secy.Higher Edn.Dept.Hyd.And Another

[ 3304 ] HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY FIFTH DAY OF SEPIEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO WRIT PETITION NO: 21317 OF 2007 Between:

S.Rajaiah, S/o late S.Muttaiah, aged about 56 years, Occ: Manager, Telugu Akademi, Himayathnagar, Hyderabad, Rl/o Hyderabad. ...PETITIONER AND State of Andhra Pradesh, rep. by its Principal Secretary, Higher Education Department, Secretariat, Hyderabad.

The Director, Telugu Akademi, Himayathnagar, Hyderabad. RESPONDENTS Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ, order or direction more particularly one in the nature of writ of certiorari a) by calling for the records relating to and connected with proceedings No.78/TfuAdmn/2007 dated 14-05-2007 of the 2nd respondent and quash or set aside the same to the extent of reverting the petitioner from the post of Stores Officer to Manager in the pay scale of Rs.9,285-25550 from pay Scale of Rs.10285-24200 as arbitrary, illegal, improper and unsustainable apart from being in violation of principles of natural justice and procedure contemplated under Telugu Academy Discipline and Appeal Rules 1969.

d) Also call for the records relating to and connected with proceedings No.79ffA/Ad m n12007 dt.14-O5-2O07 of the 2nd respondent in ordering recovery of a sum of Rs.7,75,574.50 ps., from the pay and allowances of the petitioner as also arbitrary, illegal, improper and unsustainable.

e) also treat the period of suspension i.e., from 27 -5-2005 to 13-5-2007 as period spent on duty with all consequent benefits such as seniority, pay fixation and other attendant benefits.

l.A. NO: I OF 2007(WPMP. NO: 2765 3 0F 2007) Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the operation of the impugned proceedings No.79/TA/Admn/2007 dated 14-05-2007 of the 2nd respondent pending disposal of the main writ petition. l.A. No: 1 OF 2016(WPMP. NO:39080 QF20'l!) Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to permit the petitioner to amend the cause title as the State of Telangana rep by its Principal Secretary Higher Education department, Telangana Secretariat Buildings, Hyderabad as Party Respondent No.

1 in place of State of Andhra Pradesh rep by its Principal Secretary, Higher Education department, Secretariat, Hyderabad in W.P.No. 21317 ol 2OO7. lA NO: 1 OF 2019 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents to treat the period of suspension from 27.05.2005 to 13.05.2007 as period spent on duty for all practical purposes including pension by withholding an amount of Rs. 7,75,574.50 ps, which was held back by the respondents.

Counsel for the Petitioner: SRI K.S.V.SUBBA RAO Counsel for the Respondent No.1: GP FOR HIGHER EDUCATION Counsel for the Respondent No.2: SRI S.M.SUBHAN The Court made the following: ORDER , : r i:;'-':ir{t-'.!iEi:1i:.;..

THE HON'BLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO WRIT PETITION No.21317 OF 2OO7 ORDER:

Today, when the matter is taken up for hearing, learned counsel for the petitioner informed this Court that during the pendency of the present Writ Petition, the sole petitioner has expired.

Recording the above submission of the learned counsel for the petitioner, the Writ Petition is dismissed as abated. There shall be no order as to costs.

As a sequel, miscellaneous applications pending, if any, in this Writ Petition, shall stand closed.

'--'-""< SD/-A. JAYAS STANT ,TRUE COPY// SECTION OFFICER \ \ To,

1. One CC to SRI K.S.V.SUBBA RAO, Advocate [O

2. One CC to SRI S.IV.SUBHAN, Advocate [OPUC] UC \ 3.TwoCCstoGPFORH|GHEREDUCATION,HighCourtfortheStateof 'Jelangana at HYderabad [OUT] :

4. Two CD Copies (tr BSR BS

\ HIGH COURT DATED: 2510912025 -:' -: '.

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ORDER

WP.No.21317 of 2007 DISMISSING THE WRIT PETITION AS ABATED, WITHOUT COSTS c4rU ,I ty P \,,