Md.Shamshuddin v. The State of Telangana
Court: High Court for State of Telangana
Bench: T.MADHAVI DEVI
Judgment date:
Case summary
High Court for State of Telangana judgment dated 2024-02-22. Md.Shamshuddin v. The State of Telangana. Read the judgment and case details on LawSphereX.
Judgment text
[ 321e ] HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THURSDAY, THE TWENTY SECOND DAY OF FEBRUARY TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SMT JUSTICE T. MADHAVI DEVI (TR) NO: wRlT PETITION 5076 OF 2017 Between: 1. Md. Shamshuddin, S/o Vali Mohammad, aged about 50 years, Working as Chairman in KUDA, Warangal, Fl/o Chinthal, Warangal Dastrict. 2. J. Yadagiri, S/o Ramaiah, aged about 45 years' Working as Chairman in KUDA, Warangal, R/o Ashok Colony, Hanmakonda, Warangal, Warangal District. ... PETITIONERS AND 1 The State of Telangana, rep by its Secretary, tVA and UD Department' Secretariat Buildings, Hyderabad- 500022. 2 The State of Telangana, rep. by its Secretary, Finance and Planning Department, Secretariat Buildings, Hyderabad-500022. The Kakatiya Urban Development Authority, Warangal, rep. by its Vice 3 Chairman, Warangal District - 506001 . The Administrative Officer-ll (Estt), Kakatiya Urban Development Authority' 4 Warangal, Warangal District - 506001.
Amendment is carried out as per the orders of the Tribunal dt. 611112015 in MA. 2529/2015 in 0A. 6145/15 ... RESPONDENTS Petitiqn under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affldavit fited therewith' the High Court may be pleased to call for the records relating to the G. O. Ms. No. 233, MA, dated 23. 06. 2004 issued by the first respondent and set aside the same so far as the applicants are concerned to the extent that regularizing the services of the applicants prospectively without granting seniority and pay protection from the date of earlier regularization orders issued vide Proc. No. A/'l 250/96, dated 10. O2. 1997 issued by the 3rd respondent is illegal, arbitrary and violative of the principles of natural justice and consequently direct the respondents to grant seniority and pay protection from the date of earlier regularization orders tssued by the 3rd respondent vide Proc. No. A/1250/96, dated 10. 02.
1997 with all other attendant benefits. Counsel for the Petitioners: SRI P. RAGHAVENDRA REDDY Counsel forthe Respondent No. 1 & 2: GP FOR SERVICES-I Counsel for the Respondent No. 3 & 4: SRI M. AJAY KUMAR, SC FOR KUDA The Court made the following: ORDER THE HONOURABLE SMT. JUSTICE T. MADHAVI DEVI WRIT PETITION (TR) NO. s076 0F 2017 ORDER It is submitted that the petitioners have been initially appointed as NMRs in the year 1987. Subsequently, the petitioners made representations for regularisation of their services and their services were regularised with effect from 23. 06. 2004 by G. O. Ms. No. 233, Municipal Administration & Urban Development (Bl) Department, dt. 23. 06. 2004. Seeking regularisation of their services from rhe date of cornpletion of five years of their services lrom the date ol their initial appointment for the purpose of notional seniority, pension and pensionary benefits, O. A. No. 6145 of 2015 was filed and on rransfer to i this Court, it has been registered as W.
P. (TR) No. 5076 ol2017. 2. Leamed counsel for the petitioners submitted that similar issue 1 had come up before this Court in W. P. No. 90Z4 of 2017, wherein, vide I orders dt. 13. 12. 2022,this Court has considered all the precedents on the l I issue and has allowed the Writ Petition granting regularisation from the date of completion of five years of service I W. P. (tR) No. 5076 o l'20 I 7 3. Leamed Government Pleader for Services-l is heard wl. ro admitted that the issue in this WP(TR) is covered by the decision of a Coordinate Bench of this Court in W. P. No. 9024 of 2017 dt. 13. 12. 2022 4. In view of the same, this Court is inclined to allow this W. P. (TR) with the following directions: The petitioners are entitled for regularisation of their services from the date of completion of five years of service and the impugned G. O. Ms. No. 233, Municipal Administration & Urban Development (Bl) Department, dt. 23. 06.
2004 is set aside only to the extent of prospective regularisation and further the respondents are directed to regularise the services of the petitioners from the date of completion of five years for the purpose of seniority as held by the Hon'ble Apex Coun in Civit Appeat No. 63 18 of 2015 dated 17. 08. 2015 and as per the judgment of this Court in W. P. No. 20635 of 2012, dated 31. 01. 2017. within a period of lour (04) weeks from the date of receipt of a copy of this order, duly taking into consideration, the law laid down by the various judgments referred to and extracted in W. P. No. 9024 of 2017 dt. 13. 12. 2022. It is however made clear W. P. (TR) No. 5076 of that the petitioners shall not be entitled to the monetary for the said period in the form of arrears of pay or allowances the respondents are directed to extend the benefit extended case of B. Srinivasulu Vs. Nellore Municipal Corporation (Appeal (C) No. 12432 of 2014 dt. 17. 08.
2015 of the Hon'ble Supreme Court) to the petitioners by regularising their services from the date of completion of five years of their services purpose of their seniority, pension and other pensionary only. No order as to costs. 5 Pending miscellaneous petitions, ilany, in this Writ Petition stand closed. SD/. P. Ch. NAGABHUSHAMBA ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFIC To, Buildings' 1. The Secretary, MA and UD Department, Secretariat State of Telangana. 2. The Secretary, Finance and Planning Department' Secretariat Hyderabad, State of Telangana. 3. The Vice chairman, Kakatiya Urban Development Authority, Warangal District. Development 4. The Administrative Officer-ll (Estt), Kakatiya Urban Warangal, Warangal District. REDDY, Advocate IOPUC] 5. One CC to SRI P. RAGHAVENDRA 6. One CC to SRI M. AJAY KUtvlAR, SC FOR KUDA [OPUC] 7. Two ccs to GP FOR SERVICES-I, High court for the state of Telangana Hyderabad [OUT] 8.
Two CD Copies BSR GJP 0{p HIGH COURT DATED: 2210212024 ORDER WP(TR). No. 5076 of 2017 1iE Sr41 R e o k J ( c J 0I APfl ? 20a o -dt o € Sp4lgyt i: o ALLOWTNG THE WR|T PETTTTON (TR), WITHOUT COSTS oN$. $
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