Govt.Of Telangana,Prl.Scy,Home,Hyd,And 2 v. D.Ravinder,Hyd,Andanot
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[ 3318 ] HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE THIRTIETH DAY OF DECEMBER TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SRI JUSTICE ABHINAND KUMAR SHAVILI AND THE HONOURABLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO WRIT PETITION NO: 18243 OF 2015 Between:
1. The State of Telangana, Rep. By its Principal Secretary, Home Department, Secretariat Buildings. Hyderabad.
2. ihe Additional Director General of Police., Home Guards. Hyderabad.
3. The Commandant, Home Guards. Hyderabad City. Hyderabad. (C.T of petitioner No.1is amended as per Court Order dated 18-6-2015 in WPMP.No.22783 of 20'l 5) ...PETITIONERS/ RESPONDENTS IN O.A.No.5516 of 2014 AND '1. D.Ravinder, S/o. D Narsaiah, Occ: Home Guard (50'19), (under order of removal), R/o. H.No. 4-7-312.2nd Floor. Raghavendra Nagar, Nacharam, Uppal, Hyderabad.
....RESPONDENT/ APPLICANT IN O.A.No.5516 OF 20'16
2. A. P Administrative Tribunal, Rep by Registrar. Purana Haveli. Hyderabad. ...RESPONDENTS Petition Under Artide 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 a Writ order or direction more particularly one in the nature or "Writ of Certiorari" and to call for records related to order of Hon'ble Andhra Pradesh Administrative Tribunal, Hyderabad dated. 17.09.2014 in U.A. NO.5516/20 I 4 and quash or set aside the same.
LA.NO:2 OF 201SWPMP. NO. 23618 OF 2015) Petition under Section 15.1 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 order, dated 17.09.2O14 passed in OA.No.5516/2014, on the file of the Hon'ble AP Administrative Tribunal. Hyderabad pending disposal of the writ petition. Counsel for the Petitioners : GP FOR SERVICES - | Counsel for the Respondents : --- The Court made the following ORDER
HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI ANI) I !
IION,BLE SIII JUSTICE NAN{A\,:\IIAPU RAJESII\\,AR R\O Writ Petition No.18243 of 2015 ORDER : (Per Hon'ble Sri Justice Abhinand Kuntar Shavili) When the matter is taken up for hearing, learned Government Pleader for Services-I, appearing for the petitioners submitted that the issue raised in the present Writ Petition is squarely covered by a orders passed by the Division Bench ol this Court in Writ Petition No.1539 of 2014, which was dismissed by this court uide order dated 11.1O.2O22.
In view of above, by following the orders passed by the Division Bench of this Court in Writ Petition No. 1539 of 2014, which was dismissed by this Court uide order dated ll.lo.2o22, the present Writ Petition also deserves to be dismissed on similar lines.
Accordingly, the Writ Petition is dismissed as above. No costs.
As a sequel, miscellaneous applications pending il any in this Writ Petition, sha,ll stand closed.
SD/-K.AMMAJI ASSISTANT REGISTRAR \ //TRUE COPY// t SECTION OFFICER To
1. Two CC to GP FOR SERVICES- l, High Court for the State of Telangana at Hyderabad. [OUT]
2. Two CD Copies
3. One spare copy (Along with a copy of the order dated 11-10-2022 passed in Wp.No.1539 of 2O14) S,A BS ?
HIGH COURT DATED:3011212022
ORDER
WP.No.18243 of 2015 *iE si4 or .Afi L 0 2 rr8 2023 v ri,q i1 DISMISSING THE W.P WITHOUT COSTS.
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THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI AND THE HON'BLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO Writ Petition No.1 539 of 2OL4 ORDER: (Per Hon'ble Justice Abhinand Kumar Shautti) When the matter is taken up for hearing, learned Government Pleader for Services-I, appearing for the petitioners, has fairly conceded that the issue raised in the present Writ Petition is squarely covered by a judgment rendered by this Hon'ble Court in Writ Petition No.35460 of 2Ol3 and batch, dated 08.06.2018 and that the present Writ petition is also liable to be dismissed.
2.
A learned Division Bench of this Hon,ble Court in Writ Petition No.3546O of 2Ot3 and batch, dated 08.06.2O18 has held as under :
'On the aboue analgsis, the Wit petitions are drsmissed but subject to the follouting cond.itions : 1.
The ftrst respondents-applicants in all these cases sha// be subjected to a phgsical test to ascertain their fitness before being reinducted. in seruice as Home Guards. An objectiue and transparent procedure shall be adopted bg the State ond its police offtcials in this regard and all deseruing candidates shall again be enrolled on the rolls of the Home Guards Organization.
2.
Enrollment of such deseruing cand.idates shall, hotueuer, not houe the effect of confening upon them
AKS,,] & R RN,J wp_r519_2o14 the benefit of continuity of seruice, senioity, anears of pag etc. for all purposes. Their enrolment uould be on pdl w it h fre sh appoint me nt s.
Pending miscelLaneous petition-s, if any, shall also stand dismissed- No order as fo cosls. "
3.
This Court, having considered the submissions of the learned Government Pleader for Services-I, appearing for the petitioners, is of the considered view that since similar issue which was raised in the present Writ Petition has already been adjudicated by this Hon'ble Court vide Writ Petition No.35460 of 2O13 and batch, dated 08.06.2018; therefore, following the order passed in the said writ petition and for reasons alike, the present Writ Petition is also dismissed as above. No costs. 4.
As a sequel, miscellancous applications pending if any in this Writ Petition, shall stand closed.
ABHINAND KUMAR SHAVILI, J NAMAVARAPU RAJESHWAR RAO, J Date '. 11.1O.2022 Note :: Office is direct to annex copy of the order passed in Writ Petitiou No.3546O of 2013 and batch. datcd O8.06.2018 to this file.
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