G.Shanker, Nizamabad. v. The Secy.To Govt.Food And Agrl.Dept.Hyd.And 2 Others

HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI W.P.No.8695 OF 2006

ORDER

This writ petition is filed seeking the following relief: "to call for the records from the respondents and issue an appropriate writ, order or direction, particularly one in the nature of Writ of Mandamus declaring that the action of respondents in not providing alternate job as per G.O.Ms.No.425, F&A (Coop.III) Department, dated 1306-1989 and providing employment to other employees as illegal, unjust, contrary to law, arbitrary discriminatory and violative of Articles 14, 16 and 21 of the Constitution of India and grant all consequential benefits i.e salary from 8-5-1991 to till the date of retirement on 28-2-2003 and pass such other order or orders as deems fit and proper under the circumstances of the case."

Heard Sri A.K.Jaya Prakash Rao, learned counsel appearing for the petitioner, learned Government Pleader for Co-operation appearing for the 1st respondent, learned Government Pleader for Revenue appearing for the 2nd respondent and Sri Ch.Janardhan Reddy, learned Standing Counsel appearing for the 3rd respondent.

Learned counsel appearing for the petitioner submits that though the petitioner is entitled for alternative employment in terms of G.O.Ms.No.425, dated 13.6.1989, the respondents are not considering his case and for payment of salary from 8.5.1991 to 28.2.2003 and that appropriate orders be

passed directing the respondents to pay salary for the said period and for alternative employment.

Learned Government Pleader appearing for respondents 1 and 2 contends that G.O.Ms.No.425, dated 13.6.1989 deals with relaxation of age in respect of the candidates sponsored by the Employment Exchange, but it does not speak anything about payment of salary. Having considered the rival submissions made by the learned counsel on either side, this Court is of the view that the petitioner is not entitled to salary for the period from 8.5.1991 to 28.2.2003 and alternative employment in terms of G.O.Ms.No.425, dated 13.6.1989. There are no merits in the writ petition and the same is liable to be dismissed. Accordingly, the Writ Petition is dismissed. No costs. Miscellaneous petitions, if any, pending shall stand closed.

________________________________ JUSTICE ABHINAND KUMAR SHAVILI 30th January, 2019 rkk