S.Narsinga Rao, Hyd. v. Director Of Postal Services, Hyd And Another

[ 3318 ]

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY FOURTH DAY OF AUGUST TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SRI JUSTICE ABHINAND KUMAR SHAVILI AND THE HONOURABLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO WRIT PETITION NO: 22507 OF 2007 Between:

S. Narsinga Rao, S/o.Rangaiah HSG:I Head Sorting Assistant (Retd) HRO, Hyderabad Sorting Division, R/o. C-28, HUDA Colony, Saroornagar, Hyderabad-35.

...PETITIONER AND

1. Director of Postal Services, Hyderabad City Region, O/o. The Chief Postmaster General, Andhra Circle, Hyderabad.

2. The Senior Superintendent, RMS Sorting, Hyderabad Sorting Division, Hyderabad.

...RESPONDENTS Petition under Article 226 ot lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue writ order or direction more particularly one in the nature of Writ of Certiorari calling for the records relating to the order dated 26.04.2005 passed in O.A.No.852l2OO2 by the Honble Central Administrative Tribunal, Hyderabad Bench and set aside the same as unjust and without any basis and contrary to lariv and Rules and further declare the proceedings issued in Memo.No.DR/Hyd.Stg/l/S.N.RaoiO1 dated 28.12.2001 by the 2nd respondent and the proceedings issued in Memo.No.ST/l6-HDl5l2OO2 dated 22.05.2002 issued by the '1st respondent confirming the proceedings of the 2nd respondent as illegal, arbitrary and unjust and without jurisdiction and ultra vires, and contrary to rules, unconstitutional .and set aside the same and consequently direct the respondents to accord notional promotion to the Petitioner to the next higher category w.e.f . 04.01 .2002 with all consequential benefits.

This petition coming on for hearing, upon perusing the petition and affidavit filed in support thereof and upon reading the Orders dated 20.1O.2022 & 26.06.2023 in W.P.No.22507 of 2007 and upon hearing the arguments of SRI D. RAMAKRISHNA, Counsel for the petitioner and of Sri Gadi Praveen Kumar, Deputy Solicitor General on behalf of Respondents The Court Made the Following: ORDER "This matter is listed under the caption "for being mentioned". When the matter was listed on 20.10.2022 under the caption "for dismissal", this Court dismissed the writ petition "for non-prosecution". After passing the said order, learned counsel appearing for the petitioner sought adjournment and the case was adjourned, but, the dismissal order was typed and signed.

However, inadvertently, again the case is being listed from time to time and finally, the case was listed on 26.06.2023 under the caption "for dismissal". On that day, again, since the learned counsel for the petitioner was absent, this Court has no other option except to dismiss the writ petition "for non-prosecution". Today, learned counsel for the petitioner present and informed this Court that the sole petitioner has expired.

Hence, as there are two dismissal orders in the same writ petition, the earlier order daled 20.10.2022, is recalled, and the order dated 26.06.2023 stands confirmed.

SD/. C. PRAVEEN KUMAR ASSISTANT REGlST AR //TRUE COPY// SECTI OFFICER To,

1. One CC to SRI D. RAMAKRISHNA, Advocate [OPUC]

2. One CC to SRI GADI PRAVEEN KUIVAR, DEPUTY SOLICITOR GENERAL oF rND|A [OPUC]

3. Two CD Copies BN GJP \ \.-

HIGH COURT DATED:2410812023 1\{ ST o q c 2o oIJ 0 3 t{0! z$a

ORDER

* * v..,9 Ds.q,-(lC WP.No.22507 of 2007 ORDER DATED 2O.1O.2O22IS RECALLED ORDER DATED 26.06.2023 STANDS CONFIRMED \ \-'.J \b nb