← Library
High Court for State of TelanganaWP/19140/2002allowed no costs

Y.Jawaharlal Nehru v. Commr Of Endowments Dept.,Hyd And ANR

2018-10-30Abhinand Kumar Shavili4 pages

HONOURABLE SRI JUSTICE ABHINAND KUMAR SHAVILI WRIT PETITION No.19140 OF 2002 ORDER:

1.

This writ petition is filed seeking to issue a writ of Mandamus declaring the action of the 1st respondent in terminating the services of the petitioner vide proceedings dated 17.8.2002, as arbitrary, illegal, discriminatory, without power or authority and also violative of the principles of natural justice, and consequently, to set aside the proceedings dated 17.8.2002 issued by the 1st respondent.

2.

Heard Sri C. Srinivasa Baba, learned Counsel for the petitioner and the learned Government Pleader for Endowments.

3.

It is the case of the petitioner that he was initially appointed as clerk in the year 1991 by the Managing Trustee in the establishment of Sri Kasivisweswara Swamy temple, Borupalem, Guntur District. Subsequently, the petitioner was appointed as Junior Assistant by proceedings dated 24.8.1993 and while he has been discharging his duties as such, the 1st respondent issued the proceedings impugned terminating the services of the petitioner without giving any opportunity to him. Aggrieved by the same, the present writ petition is filed.

4.

Learned Counsel for the petitioner submitted that on 1.10.2002, this Court granted interim suspension of the order impugned while directing the respondents to reinstate the petitioner forthwith and continue him in service until further orders, and by virtue of the said interlocutory order, the petitioner is continuing his services.

5.

This Court having considered the submissions made by the parties is of the view that the impugned termination order was passed without giving any notice to the petitioner. Therefore, the impugned termination order is liable to be set aside.

6.

Accordingly, the impugned termination order is set aside with all consequential benefits. If the petitioner is being continued in service by virtue of the interlocutory order passed by this Court, he shall not be disturbed.

7.

With the above direction, the Writ Petition is allowed. No costs. Consequently, miscellaneous petitions pending, if any, shall stand closed.

________________________________ JUSTICE ABHINAND KUMAR SHAVILI Dated:30th October, 2018.

Nn.

HONOURABLE SRI JUSTICE ABHINAND KUMAR SHAVILI WRIT PETITION No.19140 OF 2002 30/10/2018 Nn.