M.S.Vijay Kumar v. The State Of Telangana
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE EIGHTH DAY OF AUGUST TWO THOUSAND AND TWENry TWO PRESENT THE HON'BLE SMT JUSTICE P.MADHAVI DEVI WRIT PETITION NO: 31873 OF 2022 Between:
M.S. Vijay Kumar S/o.Late Sri M.S. Srinivas Age.52 years, Occ.Senior Assistant Employ Code No.2503878, R/o.H.No.3-6-20511 , Street No.16, Himayatnagar, Hyderabad - 500 029.
...PETITIONER AND '1 . The State of Telangana, Rep.by its Principal Secretary, Health Medical and Family Welfare Department, Secretariat Buildings, Saifabad, Hyderabad.
2. The Director, Public Health and Family Welfare, Hyderabad, Telangana State. ...RESPONDENTS Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to declare the action of respondents allotting the petitioner to new local cadre Zone-lll Rajanna from erstwhile local cadre Zone-Vl ignoring the petitioner seniority as well as spouse category contrary to Clause 20 and 23 oI G.O.Ms.No.3'17, dt.06.12.2021 and also the circular Memo No.1655|SPF-112021-7, d1.23.12.2021 as illegal arbitrary u nconstitutiona I and Articles 14, 16 and 21 of the Constitution of India and set aside the same and consequently the respondent to allocate the petitioner to Zone-Vl Charminar considering his case under seniority as well as spouse category otherwise the petitioner will be put to severe hardship and irreparable loss.
lA NO: 1 OF 2022 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondent to consider the spouse appeal application dt.03.01.2022 as well as appeals dt.25.06.2022 pending disposal of the above writ petition. Counsel for the Petitioner: SRI GADI PRAVEEN KUMAR Counsel for the Respondents: GP FOR SERVICES - ll The Court made the following: ORDER
THE HON'BLE SMT. JUSTICE P.MADHAVI DEVI W.P.No. 31873 of 2022 ORDER:
l This writ petition has been filed seeking a writ of mandamus to issue a direction to the respondents to consider the appeals of the petitioner dated 03.01.2022 &, 25.06.2022, lor change of his local cadre on spouse grounds as well as on seniority. 2.
Heard the learned counsel for the petitioner and the learned Government Pleader for Services-ll.
3.
Learned counsel for the petitioner submits that the petitioner has fiIed appeals on 03.01.2022 &,25.06.2022 to the respondents, however, no orders have been passed on the said appeals. 4.
Learned Government Pleader for Services-Il submits that the appeals of the petitioner will be considered by the authorities. 5.
Having regard to the rival contentions and material on record, this Court deems it fit and proper to direct the respondents to dispose of the said appeals within a period of four (4) weeks from the date of receipt of a copy of this order.
6.
The writ petition is accordingly disposed of. There sha-ll be no order as to costs.
.J,..
'i Miscellaneous applications, if any pending' shall also stand closed.
SD/- V. S HA ASSISTANT REGI RAR ITRUE COPY// SECTION FFICER To,
1. The Principal Secretary, Health Medical and Family Welfare Department, State of Telangana, Secretariat Buildings, Saifabad, Hyderabad.
2. The Director, Public Health and Family Welfare, Hyderabad, Telangana State.
3. One CC to SRI GADI PRAVEEN KUMAR, Advocate [OPUC]
4. Two CCs to GP for Services-ll, High Court for the State of Telangana at Hyderabad. [OUT]
5. Two CD Copies.
6. One Spare Copy MP GJP
HIGH COURT DATED:0810812022 .{ , ..
/,- /_ $2 SEP ?WORDER WP.No.31873 of 2022 l DISPOSING OF THE WRIT PETITION WITHOUT COSTS )ro