T. Namdev v. The Government Of Telangana

THE HON'BLE SRI JUSTI CE ABHI NAND KUMAR SHAVI LI W RI T PETI TI ON No.1 2 3 9 5 of 2 0 1 9 ORDER:

This writ petition is being disposed of at the admission stage with the consent of both the parties.

2.

The writ petition is filed with the following prayer: "... the Hon'ble Court may be pleased to issue an appropriate Writ Order of direction preferably one in the nature of Writ of Mandamus and to declare the action of the respondents are not taking the petitioners on duty as outsourcing employees under the control of 4th respondent as per the proceedings dated 13.09.2017 of the 3rd respondent in Adilabad District even then the 4th respondent is not permitting the petitioners to work as outsourcing employees till date is highly illegal arbitrary unreasonable discriminatory and also in violation of Art. 14, 16 and 21 of the Constitution of India and declare the same as bad in law consequently direct the respondents to engage the petitioners as outsourcing employees in any of the Gurukulam Degree Colleges in Adilabad District i.e., under the control of 4th respondent forthwith and to pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case."

3.

Heard Mr. C. Raja Sekhar Reddy, learned counsel for the petitioners and learned Government Pleader for Services II. 4.

Petitioners contend that they are all working as daily wage workers under the control of the third respondent since 2003 and ever since then they have been discharging their duty to the best satisfaction of their superiors and everyone concerned. The services of the petitioners were disengaged from 13.09.2017 and thereafter, the petitioners have made a series of representations and one such representation is dated 27.06.2018. The third respondent has

recommended the case of the petitioners to the fourth respondent vide proceedings dated 13.09.2017. But so far the fourth respondent has not passed any order on the said proposal submitted by the third respondent.

5.

Therefore, the counsel for the petitioner would submit that appropriate orders be passed in the writ petition directing the fourth respondent to examine the proposal submitted by the third respondent dated 13.09.2017 and pass appropriate orders in accordance with law. 6.

Learned Government Pleader appearing for the respondents would submit that the fourth respondent shall consider the case of the petitioners and appropriate orders would be passed in accordance with law.

7.

This Court, having considered the rival submissions made by both parties, is of the view that the writ petition can be disposed of directing the fourth respondent to consider the proposal submitted by the third respondent on 13.09.2017 and pass appropriate orders in accordance with law within a period of eight (8) weeks from the date of receipt of a copy of this order.

With the above observations, the writ petition is disposed of. Pending miscellaneous petitions shall stand closed. There shall be no order as to costs.

________________________ ABHINAND KUMAR SHAVILI, J August 20, 2019 DSK