High Court for State of TelanganaWP/4570/2001disposed of no costs

Y.Mallesh v. The State Of A.P., Rep. By Its Prl. Secretary, Home Departme

2019-08-29Abhinand Kumar Shavili3 pages

THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI WRIT PETITION No.4570 of 2001 ORDER:

When the matter is taken up for hearing, learned counsel for petitioners submits that the issue raised in this writ petition is squarely covered by the Division Bench judgments of this Court in W.P.No.19455 of 2014 and batch dated 20.04.2018 and W.P.No.7784 of 2018 and W.P.(TR).No.3129 of 2017 dated 28.02.2019 and contends that the impugned removal order was passed without giving any opportunity to the petitioners in terms of Rule 7(4) of the Madras Home Guards Rules, 1949.

Learned counsel for petitioners further submits that the Division Bench of this Court in its orders in W.P.No.19455 of 2014 and batch dated 20.04.2018 directed the respondents to reinstate the petitioner therein into service without any benefits in relation to his past service including seniority, continuity of service and attendant benefits.

Learned Government Pleader appearing for the respondents has not disputed the above submission made by the learned counsel for petitioners and contended that the cases of the petitioners would be considered for reinstatement into service without any benefits in relation to their past service including seniority, continuity of service and attendant benefits.

This Court, having considered the rival submissions, is of the considered view that the impugned order is passed without giving any

opportunity to the petitioners in terms of Rule 7(4) of the Madras Home Guards Rules, 1949. Therefore, the order impugned is set aside and the respondents are directed to reinstate the petitioners into service subject to medical fitness, without any benefits in relation to their past service including seniority, continuity of service and attendant benefits.

With the above observations, the writ petition is disposed of. No order as to costs.

Miscellaneous petitions pending, if any, shall stand closed. ______________________________ ABHINAND KUMAR SHAVILI, J 29th August, 2019 v v