D. Prabhuvaran, v. The State Of Telangana,
THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI WRIT PETITION No. 39307 of 2017 ORDER:
This writ petition is filed for the following relief. "...to issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus by duly declaring the action of the 2nd respondent in issuing the present impugned order in CTW Memo Rc.No.A1/4660/2015-Zone-VI, dated 11.09.2017, wherein directing to acquire the newly prescribed qualification of B.Ed. vide G.O.Ms.No.45, SW (TW.Ser.III/1) Dept. dated 28.06.2011 and also further directing the 4th respondent stop the further benefits i.e. Annual Grade Increments and fixation etc. in the cadre of Grade I Hostel Welfare Officer, even though he was appointed way back on 27.11.1985 and further promoted as Gr.I Hostel Welfare Officer, notionally w.e.f. 01.07.
2010 and regularized with the above date and subsequent amended Rules even though are no application as highly illegal, arbitrary, unjust, improper, bad in law, total non application of mind and if necessary set-a-side or quash the same to the extent of the petitioner and consequently to direct the respondent to pay all benefits such as increments, pay fixation and other allied benefits as it is in the cadre of Gr.I Hostel Welfare Officer, without reference to the present impugned order in CTW Memo Rc.No.A1/4660/2015-Zone-VI, dated 11.09.2017 of the 2nd respondent and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case." Heard Sri S.Satyanarayana Rao Learned Counsel for the petitioner and learned Government Pleader for Services II.
When the matter is taken up for hearing, it is noticed that during the pendency of the writ petition filed by the petitioner challenging the impugned order dt.11.09.2017, the Government issued a Memo No.2862/TW.OP/2018, dt.21.11.2019, wherein the respondents have relaxed the condition imposed in the impugned order that the petitioner shall acquire the B.Ed. qualification. In view of the said subsequent Memo issued by the Government on 21.11.2019, the cause in the writ petition does not survive.
Accordingly, in view of aforesaid Memo dated 21.11.2019 issued by the Government, the writ petition is disposed of directing the respondents to release all the increments and other service benefits to the petitioner, which are withheld in pursuance to the impugned order, by duly taking into account the aforesaid memo dt.21.11.2019 issued by the Government. No order as to costs.
As a sequel thereto, miscellaneous petitions, if any, pending in the writ petition, shall stand closed.
________________________________ ABHINAND KUMAR SHAVILI, J 08.01.2020 tk
THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI WRIT PETITION No. 39307 of 2017 Dt.08-01-2020 tk