Bhupati Venkateswara Rao v. The State Of Telangana
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[ 3301 ] HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE THIRTY FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SRI JUSTICE PULLA KARTHIK WRIT PETITION NO: 221 OF 2022 Between:
Bhupili Venkateswara Rao, S/o. Ramanuja Rao, Aged 51 years, Working as Asst. Executive Engineer (Housing), Nalgonda District, Presently Working as Personnel Assistant to Government Whip. Ft/o. H. No. 11-15-130/1/203, Sapthagiri Nivas, Doctors Colony, Road No.6, Saroornagar, Hyderabad-35. ...PETITIONER AND The State of Telangana, Rep. by lts Principal Secretary, Housing Department, Secretariat, Saifabad, Hyderabad.
The Telangana State Housing Corporation Ltd, Rep. by its t\rlanaging Director, Urdu Galli, Himayathnagar, Hyderabad.
The Project Director, Telangana State Housing Corporation Ltd., Nalgonda, Nalgonda District.
...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 an order or direction more particularly in the nature of Writ of Mandamus, declaring the action of Respondent No. 1 in rejecting the case of the petitioner for regularization vide Letter No 19'17N.C.A2l201B as illegal, arbitrary and discriminatory and not considering regularization of the services of the Petitioner for the Post of Assistant Executive Engineer/Assistant Engineer Graduate, pursuant to the Letter vide Lr. No. A3/20141332012104, dated 12-102020 addressed by the Respondent No.2 and similar to the benefit given to employees of Endowments Dept vide G. O. Rt. No. 121, dated 09-03-2018 and also to other employees vide G. O. Ms. No. 38 Finance HRM.I Dept dated 30-042O23 as illegal, arbitrary, discriminatory and in violation of Articles 14,16 and 21 of
the Constitution of lndia, and consequen y direct the Respondents .l and 2 to regularize the services of the petitioner to the post of Assistant Executive Engineer/Assistant Engineer Graduate with effect from 01-06-2016 i.e., from the date petitioner was given minimum in time scale of pay as Graduate Asst Engineer.
(As per Court order dated 01.07.2024 vide l.A.No.1 ot 2O24 in W.p. 221 of 2022. Prayer is amended) 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 No.1 to forthwith take a decision for reg.ularization of the services of the petitioner to the Post of Assistant Executive Engineer/Assistant Engineer (Graduate), pursuant to the Letter vide Lr.No.43/2014t222O12104, dated 1211012020 addressed by the Respondent No.2 upon the Representation, dated 2310812020 made by the Petitioner, pursuant to G.O.Rt.No.12.l , dated 09/03/2018, pending the disposal of the Writ Petition.
Counsel for the Petitioner: SRI M.V. RAMA RAO Counsel for the Respondent No.1: GP FOR SERVICES-I|i Counsel forthe Respondent Nos.2 and 3: SRI B. SHIVA KUMAR The Court made the following: ORDER
THE HON'BLE SRI JUSTICE PULLA KARTHIK WRIT PETITION No.221 of 2022 ORDER:
Aggrieved by the action of respondent No.1 in rejecting the case of the petitioner for regularization vide letter No. 1917 lV.C.A2l2Ol8, the present Writ Petition is filed.
2) Heard Sri M.V. Rama Rao, learned counsel for the petitioner, learned Government Pleader for Services-Ill appearing for respondent No.1 and Sri B. Shiva Kumar, lear-ned Standing Counsel for respondent Nos.2 and 3.
3) When the matter is taken up for hearing, learned counsel for the petitioner submits that the lrs raised in the present writ petition is t t t , squarely covered by the common order dated 08.O9.2020 passed by the Division Bench of this Court in W.P. No.7098 of 2O2O & batch and the order dated 12.11 .2O24 passed by Hon'ble Supreme Court in Special Leave Appeal No.27115 of 2018. Therefore, learned counsel prays this Court to pass a similar order in the present writ petition a1so.
5) The above made submission is not seriously disputed by the learned Standing Counsel.
6) In view of the above, the impugned order No. 19 17 lV .C.A2 /2018 dated 02.06.2020 passed by respondent No.1 is set aside and
_') PK, J wP-221 2022 respondent No. 1 is directed to reguiarize the services of the petitioner in terms of the proposals sent by Managing Director of the Corporation i.e. respondent No.2 vide letter No.A3/2O14 13320/ 2104, dated 12.10.2020, after completion of 10 years of service in the cadre of Assistant Executive Engineer/Assistant Engineer (Graduate), as expeditiously as possible, preferably, within a period of eight weeks from the date of receipt of a copy of this order. 7) Accordingly, the Writ petition is aliowed.
Miscellane ous petitions pending, if any, shall stand closed There shall be no order as to costs SD/-T. TIRUMALA DEVI ASSISTANTREGISTRAR \ //TRUE COPY// S N OFFICER To, '1 . The Principal Secretary, Housing Department, Secretariat, Saifabad, The State of Telangana, Hyderabad.
z. ine fr/anagingioirectoi, The Telangana State Housing Corporation Ltd' Urdu Galli, Himayathnagar, Hyderabad.
:. fne i'roteci Direct6r, Telangana State Housing Corporation Ltd., Nalgonda, Naloonda District.
4. On; CC to Sri M. V. Rama Rao, Advocate [OPUC]
5. One CC to Sri B. Shiva Kumar, Advocate [OPUC]
6. Two CD Copies TJ BS
HIGH COURT DATED:31 11212024 ,7 1 f srr ) , oo 2 i JA|l ?[?5 ).
.+ -6
ORDER
,,1, t OESPATC qfc =rWP.No.221 of 2022 ALLOWING THE WRIT PETITION WITHOUT COSTS -D I