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High Court for State of TelanganaWP/19421/2018disposed of no costs

Smt. M.Raja Mani v. The State Of Telangana, Rep. By Its Principal Secretary,

2018-06-13P Naveen Rao3 pages

THE HON'BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.19421 OF 2018 DATED : 13.06.2018 Between :

Smt M.Raja Mani W/o.Ruben, Aged 64 yrs, Occu : Nil, R/o.H.No.10-4-C/652, Lohia Nagar, East Marredpally, Secunderabad.

..

Petitioner And The State of Telangana, Rep., by its Principal Secretary, Health, Medical & Family Welfare Dept., Hyderabad & others.

.. Respondents This court made the following :

THE HON'BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.19421 of 2018 ORDER :

Heard learned counsel for the petitioner and learned Government Pleader for Medical Health & Family Welfare Department.

2.

Petitioner joined service as sweeper in the year 1978 in Osmania General Hospital, Hyderabad; earned promotion as Female Nursing Orderly (FNO). Having rendered 32 years of service, petitioner decided to jump into politics and to contest public office. By informing the employer that she intend to contest to the post of Corporator of Greater Hyderabad Municipal Corporation, she resigned from service. The said resignation was accepted and she was relieved on 01.11.2009. Considering the request of petitioner to induct her into service, in the year 2012, Government passed orders in G.O.Ms.No.155, Health Medical and Family Welfare (J1) Department, dated 31.07.2012, ordering reappointment of petitioner as FNO. The said G.O.

, stipulates that the said reappointment shall be subject to the conditions stipulated in Rule 30 (c) and (d) of Andhra Pradesh State and Subordinate Service Rules, 1996. After rendering service, petitioner retired from service on attaining the age of superannuation on 31.05.2014. After the retirement, petitioner claimed to grant service benefits and alleging inaction on her claim, this writ petition is filed.

3.

The order of Government in G.O.Ms.No.155 dated 31.07.2012 is not under challenge. Thus, the reappointment is

subject to the conditions imposed in Sub-Rule (c) of Rule 30 of the General Rules. Sub-Rule (c) prohibits grant of past service benefits. Therefore, petitioner is only entitled to the benefits for the service rendered after reappointment. Therefore, respondents are directed to settle the benefits payable to the petitioner for the service rendered after reappointment.

4.

With the above direction, the Writ Petition is disposed of. There shall be no order as to costs.

Miscellaneous petitions, if any, pending in this writ petition shall stand closed.

__________________ P.NAVEEN RAO,J 13th June, 2018 Rds