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High Court for State of TelanganaWP/14103/2019disposed of no costs

Shaik Fazal v. The Superintendent Of Police And 3 Others

2019-07-10Abhinand Kumar Shavili2 pages

THE HONOURABLE SRI JUSTICE ABHINAND KUMAR SHAVILI WRIT PETITION No.14103 of 2019 ORDER:

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

2.

When the matter is taken up for hearing, learned counsel for petitioner 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 petitioner in terms of Rule 7(4) of the Madras Home Guards Rules, 1949.

3.

Learned counsel for petitioner 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 petitioners therein into service without any benefits in relation to their past service including seniority, continuity of service and attendant benefits.

4.

Learned Government Pleader appearing for the respondents has not disputed the above submission made by the learned counsel for petitioner and contended that the case of the petitioner would be considered for reinstatement into service without any benefits in

relation to his past service including seniority, continuity of service and attendant benefits.

5.

This Court, having considered the rival submissions, is of the considered view that the impugned order is passed without giving any opportunity to the petitioner 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 petitioner into service without any benefits in relation to his past service including seniority, continuity of service and attendant benefits. 6.

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 10th July 2019 mar