T.Gopal Ram v. The Government Of Andhra Pradesh Rep. By Its Principal
[ 325s I
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD MONDAY, THE FIFTH DAY OF DECEMBER TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITION (TR) NO: 442 OF 2017 Between:
T.GOPAL RAM, S/o Bhakthiram, aged 50 years, Occ: Senior Assistant CHNC Kamalapur, Karimnagar District ...PETITIONER AND The Government of Andhra Pradesh rep. by its Principal, Secretary, Health Medical and Family Welfare Department Secretariat, Hyderabad.500022
2. The Director of Health and Family Welfare, Govemment of A.P. Koti, Hyderabad. 50000 1
4. The District Medical and Health Officer Karimnagar District, at Karimnagar ...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 declare the impugned action of the respondents in not completing the enquiry in pursuance to the charge Memo vide G.O.Rt.No.115, Health Medical & Family Welfare (VC.1(1) Department, dated 29-01-2007 as highly illegal, arbitrary and contrary to the guidelines issued by the Government and consequentially, this Hon'ble Court may be pleased to quash the impugned G.O.Ms.No.1 15, dated 29-01-2007 and consequentially direct the respondents to regularize the service of the applicant in the cadre of Senior Assistant and promote as Superintendent on par with his juniors with all consequential benefits.
/// l.A. NO: 1OF 2017 P(TR). NO: 89 OF 2017) Betwee n:
'1 . The Government of Andhra Pradesh rep. by its Principal, Secretary, Health Medical and Family Welfare Department Secretariat, Hyderabad.500022
2. The Director of Health and Family Welfare, Government of A.P. Koti, Hyderabad. 500001
4. The District Medical and Health Officer Karimnagar District, at Karimnagar. ...APPLICANTS/RESPONDENTS AND T.GOPAL RAM, S/o Bhakthiram, aged 50 years, Occ: Senior Assistant CHNC Kamalapur, Karinrnagar District ...RESPONDENTS/APPLICANT Petition under S:ction 151 CPC praying that in the circumstances stated in the affidavit filed in :;upport of the petition, the High Court may be pleased to vacate the interim orders passed in O.A.No. 2610 of 2015 24-04-2013. Counsel for the Petitioner: SRI M.R. TAGORE Counsel forthe Respondents: GP FOR SERVICES - ll The Court made the following: ORDER
/, HONOURABLE SRI IUSTICE N.V.SHRAVAN KUMAR WRIT PETITION (TR) No.442OF2017 ORDER:
The present writ petition(TR) is filed to declare the impugned action of the respondents in not completing the enquiry in pursuant to the charge Memo vide G.O.Rt.No.115, Health Medical & Family Welfare (VC.1(1) Department, dated 29.01.2007 as illegal, arbitrary and contrary to the guidelines issued by the Government and consequently this Hon'ble Court may be pleased to quash the impugned G.O.Rt.No.115, dated 29.01.2007, and direct the respondents to regulari4e the service of the applica,nt in the cadre of Senior Assistant and promote as Superintendent on par with his juniors with all consequential benefits.
2. Today when the matter has been taken up for hearing, learned counsel for the petitioner submits that the then Andhra Pradesh Administrative Tribunal, Hyderabad (for short 'the Tribunal') passed the interim order dated 22.04.20L3, reads as:- "Pending disposal of the OA, the respondents are directed to consider the case of the applicant for promotion to the post of Superintendent without reference to the Charge Memo issued vide G.O.Rt.No.115, Health Medical & Family Welfare (VC.1( 1) ) Department dated 29.01.2007."
It is further submitted that pursuant to the interim order, dated 22.04.20t3, respondent No.3, has passed the speaking order, dated 07.05.2)13, stating that the case of the petitioner for promotion to the post of Office Superintendent would be considered as and when the vacancies of Office Superintendents arise in Zone-V, Warangal.
3.
Learned counsel for the petitioner submits that inspite of several efforts, he has no instructions from the petitioner and further submits that in the light of the speaking order, dated 07.05,2013, passed by respondent No.3, the case of the petitioner might have been considered and prays this Court to dispose this wri - petition (Tr).
4.
Learned Government Pleader for Services-Il appearing for respondents submits that since 9 years have passed to the speaking order, dated 07.05.2013, of respondent No.3, the case of the petitioner would have been considered and this writ petition (TR) may be disposed.
5.
In view of the submission made by the learned counsel for the petitioner and learned Government Pleader for services-Il, this Writ Petition (TR) is disposed of, directing the respondent authorities to consider the case of the petitioner, in terms of the .v
interim order, dated 22.04.20t3, passed by the Tribunal for promotion to the post of Superintendent without reference to the Charge Memo issued vide G.O.Rt.No.115, Health Medical & Family I Welfare (VC.1(1)) Department dated 29.01.2007, if the same is not considered.
6.
Miscellaneous applications, if any pending, shall stand closed. No order as to cost.
SD/- M.MANJULA DEPUTY REGISTRAR //TRUE COPY// & SECTION OFFICER To,
1. The Principal, Secretary, Health Medical and Family Welfare Department Secretariat, Ttre Government qf Telangana, Hyderabad.500022
2. The Director of Health and Family Welfare, Government of T.S. Koti, Hyderabad. 500001
4. The District Medical and Health Officer Karimnagar District, at Karimnagar.
5. One CC to SRI M.R. TAGORE, Advocate [OPUC]
6. Two CCs to GP FOR SERVICES - ll, High Court for the State of Telangana tOUI
7. Two CD Copies BN q t \
HIGH COURT DATED:0511212022 '14 g l} 10 J[]l ?!rn t
ORDER
,i.'
WP(TR).N o.MZ ot 2017 DrsPosrNG oF THE WRIT PETTTTON (TR) WITHOUT COSTS (dl(ptn4 -ffi,.