P. Ravinder v. The Government of Telangana

Court: High Court for State of Telangana

Bench: ABHINAND KUMAR SHAVILI

Judgment date: 2020-11-12

Case summary

High Court for State of Telangana judgment dated 2020-11-12. P. Ravinder v. The Government of Telangana. Read the judgment and case details on LawSphereX.

Judgment text

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THURSDAY ,THE TWELFTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY PRESENT THE HONOURABLE SRI JUSTICE ABHINAND KUMAR SHAVILI WRIT PETITION (TR) NOS: 52, 60, s8. 56. 53. s4. s5. 57. 59 & 61 0F 2020 WP (TR) NO: 52 OF 2020 Between: G. Sudhakar, S/o. G. Narasimha, aged 27 yearc, Home Guard-9369, Hyderabad City, R/o. Chowdarpally, Yacharam I\,4andal, R. R. District - 501509. ... PETITIONER AND 1. Government of Telangana, represented by its Principal Secretary, Home (Police) Department, Secretariat, Hyderabad. 2. The Addl. Director General of Police, Home Guards, State of Telangana, Hyderabad. 3. The Commissioner of Police, Hyderabad City, Hyderabad. 4. The Commandant, Home Guards, Hyderabad City, Chathabazar, Hyderabad - 500 002. ...

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 call 'for records relating to order bearing No. D. O. No. 13/2008, No. 748lA2lHGs. HydlO7, daled 2310112008 of the 4'n Respondent and setaside the same so far as the applicant is concerned as illegal, arbitrary, violative of principles of natural justice and Article '14 and 16 of the Constitution of lndia and consequently direct reinstatement of applicant as Home Guard with all consequential benefits as though the impugned order was never made. WPMP(TR). NO: 111 OF 2017 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in supporl of the petition, the High Court may be pleased to condone delay of 5 years 8months 1 day in filing the O. A. against the order bering D. O. No. 13/2008, No,7BlA2HGs. Hyd/O7, dt. 23. 01 .

2008 of the 4th Respondent and pass Counsel for the Petitioner:SRl. NAYAKAWADI RAMESH Counsel for the Respondents: GP FOR HOME WP (TR) NO: 60 OF 2020 Between: G. Ambedkar, S/o. Narsimha, aged 28 years, Home Guard-7744, Sultan Bazar P. S. , R/o. 1 -3'1, Chowdaripalli, Yacharam, R. R. District. ... PETITIONER _>-> AND Home (Police) by its Principal Secretary' 1 Government of Telangana, represented Oepirtment, Secretariat, Hyderabad' of Telangana' Police' Home Guards' State 2 The Addl. Director General of HYderabad. City' Hyderabad' 3. The Commissioner of Police, Hyderabad Bazar' Hyderabad' 4. The Commandant, Home Guards' Chatha ... RESPONDENTS Constitution of lndia praying that in the Petition under Article 226 of the -circumstances stated in tne'-aiiO-arlt RieJ tnerewitn, the High Court may be pleased to t" order bearing No D o No 6212008' calt for records ,#ii"g -ze-oz-2008 . of the 4th Respondent and setaside the olL*i No. 52lA2lHGs.

Hyd/2008, justice and Article 14 AND 16 o1-principles of natural same illegal, arbitrary, viotalive applicant as direct reinstatement of of lndia anJ consequenfly of the constitution was never the conse! uential beneiits as though impugned order Home Guard with all made. F 2017 WPM P(TR ). NO: 1120 PetitionunderSectionl5lCPCprayingthatinthecircumstancesstatedinthe to condone the affidavit filed in support of the petition, tf'. r" if Court may be pleased 'gh A asainst the order bearing i"i"v s Ll rrilontn! -l' o'v in fillng vlui. 'ti J1"- 9 4th respondent "t Hyd/iOOB, da{ed 28-02-2008 of the D o. No. 62/2004, No. sZlnziFiCi NAYAKAWADI RAMESH Counsel for the Petitioner:SRl' GP FOR HOME Counsel for the Respondents: WP (TR) NO: 58 oF 2020 Between: Guard lvld. tl4asum Ali' Aged 32 vears Occ Home Ivld. Kareem Abdul. S/o. lbout iinsa R6ddy District-500062 i,i"li'fi'. A. h;k'Nrs;i.. 'r',lrri. i,ri, tll[ai]ft7"'rj ...

PETITIONER AND Home of Telangana, Rep by its Principal Secretary' I The Government Buildings' HyderaDao' department, Secretariat Guards' Hyderabad' 2 The Addl. Director General of Police, Home n The Commissioner of Police, Cyberabad, Hyderabad' ... RESPONDENTS the of lndia praying that in 226 of the Constitution Petition under Article High court may be pleased to lrlioavit filed therewith, the circumstances stated ln tne the impugned orders passed. by the call for the records relating to tonn"tted with 'nA 4/Rt/HGO/CYB/2006), dated 3110112006 )zalzooa (Rc. No. 3rd respondent in D. O. No. rolls of Guard organization of il. le-uppricant from the Home ,". ""iig fi" name 'notice cause and without conducting enquiry and without without issuing show i;ll;;i;s t;; piinciples ot t'laturat justice and..

set aside the same as illegal' arbitrarv' and unco nstitutional and coni"qu"ntfy to direct the respondents to reinstate the uppfi"rniinto service forthwith with all consequential benefits G3-- WPMP(TR). NO: 110 OF 2017 Petition under Section 15'1 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to condone the delay of 7 years I t\,4onths 28 days in filing the above O. A. Counsel for the Petitioner:SRl. NAYAKAWADI RAMESH Counsel forthe Respondents: GP FOR HOME WP (TR) NO: 56 OF 2020 Between: P. Ravinder, S/o. Lalappa, Aged about 28 years, Occ- Ex. Home Guard (1772), R/o H. No. 1-86, Hanumapur (Vill), Peddumul Mandal. Ranga Reddy District- 501142 .. ,PETITIONER AND 1. The Government of Telangana, Rep. by its Principal Secretary, Home department, Secretariat Buildings, Hyderabad 2. The Addl. Director General of Police, Home Guards, Hyderabad. 3, The Commissioner of Police, Cyberabad. Hyderabad. ...

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 call for the records relating to the impugned removal orders passed by the 3rd respondent in D. O. No. 229312008 (Rc. No. 4/RI/HGOiCYB/2008), dated 22. 11. 2008 without conducting enquiry and without following the principles of Natural justice is illegal, arbitrary, and unconstitutional and set aside the same and consequently direct the respondents to reinstate the applicant into service forthwith with all consequential benefits. WPMP(TR). NO: 134 OF 2017 Petition under Section 15'1 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to condone the delay of 5 years 2 days in filing the above OA. Counsel for the Petitioner:SRl. NAYAKAWADI RAMESH Counsel for the Respondents: GP FOR HOME WP (TR) NO: 53 OF 2020 Between: A. Ramesh Babu, S/o.

It4urthaiah, Aged about 31 years, Occ- Ex. Home Guard (902) R/o Plot No. 16, Telephone Colony, Boduppal(Vill), Gatkesar l\,4andal, Ranga Reddy District-500092. ... PETITIONER AND 1. The Government of Telangana, Rep. by its Principal Secretary, Home department, Secretariat Buildings, Hyderabad 2. The Addl. Director General of Police, Home Guards, Hyderabad. ,--\- Hyderabad 3. The Commissioner of Police, Cyberabad, ,.. RESPONDENTS PetitionunderArticle226ollheConstitutionoflndiaprayingthatinthe Circumstancesstatedintheaffidavitfiledtherewith,theHighCourtmaybepleasedto . uff for. the records relating to the impugned removal orders passed by the 3rd '16. 07. 2009 ,u. ponO"nt in D. O. No. 231it211g (Rc. No. 4/RI/HGO/CYB/2009), dated justice is following the principles of Natural w-iifiout conOucting enquiry and without to I and set aside the same and consequently ittejat, arnitrary, Jnd unconstitutiona the applicant into service forthwith with all JirJ.

t' tf," respondents to reinstate consequential benefits. WPMP(TR). NO: 129 oF 2017 praying that in Petition under Section 151 CPC the circumstances stated in the petition, the court may be pleased to condone the affidavit filed in support of the High in delay of 4 years 4 months 4 days filing the above OA' NAYAKAWADI RAMESH Counsel for the Petitioner:SRl. HOME Counsel for the Respondents: GP FOR WP (TR) NO :54 OF 2020 Between: 31 yqars Occ Ex Home Guard- (66)' B. Ravi, S/o. Yadagiri, Aged about Uppal, Ranga Reddy nvo ir. -lio. i-is-26i3giA, Millikariunanagar,-Chilukanagar, District-5000 55. .. ,PETITIONER AND The Government of Telangana, Rep. by its Principal Secretary, Home 1. department, Secretariat Buildings, Hyderabad' Hyderabad 2. The Addl. Director General of Police, Home Guards, 3. The Commissioner of Police, Cyberabad, Hyderabad' ..

,RESPONDENTS praying that in the Petition under Article 226 of lf,e constitution of lndia High Court may be pleased to circumstances stated in the affidavit filed therewith, the orders passed by the 3rd to call for the records relating to the impugned removal dated 31 01. 2008 respondent in D. O. No. 22OliOOB (Rc. No. 4/R;/HGOiCYB/2008), justice the principles of Natural without conducting the enquiry and without following and unconstitutional and set aside the same and consequently is illegal, arbitrary, direct the respondents to reinstate the applicant into service forthwith with all consequential benefits and pass such other order or orders (TR). WPMP NO: 157 OF 20'17 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 condone the delay of 5 years 1O months and 7 days in filing the above OA' Counsel for the Petitioner:SRl.

NAYAKAWADI RAMESH Counsel for the Respondents: GP FOR HOME r (TR) NO: s5 OF 2020 WP Betwee n: (Vill) wamidipally' No Red-d^y Rio H 2-34' S/o tr'4-Sanjeeva M. Bhasker Reddy, nungu U;;;;. "'rs, ; rnoil Reddv District-500005 i ... PETITIONER AND Home department' Telangana, Rep' by. its Principal Secretary' 1 . The State of ' Hyderabad' SeireiiriatBuildings, Hyderabad' Police' Home Guards' 2. The Addl. Director General of 3. The Commissioner of Police' Cyberabad' Hyderabad' ... RESPONDENTS ll're Constitution of lndia praying that in the Petition under Article 226 of mav be pleased to the High court tn"'uitiiiu"n iiei G"iuwit,, -orders circumstances stated in passed by the 3rd impugned removal records retatini tJ-tre 'io] call for the dated 13 06 2006 a/RUHco/cYB/2006)' rzrilzi'oo ia" respondent in D. o. No justice is of Natural t"flowing t. he principles enqurry'u"i"*iin"r, wrthout conducting to same and consequently l"o set aiide the ,nd unconlii*ti""'i illegal.

arbitrary, with all irre applicant into service forthwith t" *"ti't" direct the respondents consequential benefits' (TR 0F 2017 WPMP ). NO: 164 in the praying that in the circumstances stated petition under Section 151 cpc court may be pleased to condone the tne ti" irigi Jetiion, affidavit fired in supporr ot o A' i"r"i""ths 7 davs in filing the above ;l;i;;;;i v"ri. RAMESH NAYAKAWADI Counsel for the Petitioner:SRl' GP FOR HOME Counsel for the Respondents: (TR 0F 2020 WP ) NO: 57 Between: i'ill 3"""[50"#bf fl fl X;L? ''1"*J#:'li:'ffi fu |fi"f,:E:i,'J. %? ,Nilil:8f; so15o9 "'PETlrloNER AND Home department, by, its Principal Secretary, 1. The State of Teiangana, Rep. s"Ir6iriLi eritdinis, HYderabad' Hyderabad 2 The Addl. Director General of Police' Home Guards' Hyderabad 3 The Commissioner of Police' Cyberabad' ...

RESPONDENTS PetitionunderArticle226oflheConstitutionoflndiaprayingthatinthe "uit'd1-ui pleased to the High court may be lieJ ilrerewit, "orders stated in ,nu 3rd circumstances passed by the iJ-ir. r" impugned rgrgurr cail for the records r. "rrt,nJ [. 0. ,";;";Il,qr:,1::i;"Kn:,1;riin'Jn:'3;. ffi l"rl"'ilil,. 1i,i,33ii to and consequentrv ,"J set a-side tte sa'me fr:Ui,;,? i? ;$l"i"i"l;llJ". in;ti"",i 6-- direct the respondents to reinstate the applicant into service forthwith with all consequential benefits. WP P TR NO: 70F PetitionunderSectionlslcPCprayingthatintheCircumstancesstatedinthe affidavit filed in support of the petition, the i{gh Court may be pleased to condone the above O'A' Jetay ot 6 years 1i l\/onths 28 days in filing the NAYAKAWADI RAMESH Counsel for the Petitioner:SRl. GP FOR HOME Counsel for the Respondents: (TR) WP N O: 59 OF 2020 Between (9155)' P. Niranian. S/o. Ramulu. Aged about 32 years Occ Ex Home Guard District-509357. il" il r. r,l'i-++. FostJnd 1/on).

tvidjit, t\,4ahaboobnagar iviianJ ... PETITIONER AND its Principal Secretary, Home department' 1. The State of Telangana, Rep. by Secretariat Buildings, Hyderabad. 2. The Addl. Director General of Police, Home Guards, Hyderabad' City' Hyderabad' 3. The Commandant Home Guards, Hyderabad .. ,RESPONDENTS of lndia praying that in the Petition under Article 226 of the constitution High Court may be pleased to circumstances stated in the affidavit filed therewith, the . uttfo|. therecordsrelatingtotheimpugnedremovalorderspassedbythe3rd ,"ipona"nt in D. o. No. 11:;l2ooa (No. 324lA2lHGs. Hyd/2008), dated 24-05-2008 justice is witrout conducting enquiry and without following the principles of . Natural to I and set aside the same and consequently itiegaL, arOitrary, Jnd unconstitutiona with all the applicant into service forthwith dirJct the respondents to reinstate pass such other order consequential benefits and WPMP(TR).

NO: 169 OF 2017 praying Petition under Section 151 CPC that in the circumstances stated in the affidavit filed in supporl of the petition, the High court may be pleased to condone the delay of 5 years 7 lrilonths 26 days in filing the above O A' Counsel for the Petitioner:SRl. NAYAKAWADI RAMESH Counsel for the Respondents: GP FOR HOME WP (TR) NO: 61 OF 2020 Between: SK. Nagulmeera, S/o. SK. Janimiya, Aged about 34 years, Occ Home Guard Fv;'Kril;;;lriFo) viltug", Thallada Mandal,Khammam, Khammam District ... PETITIONER AND l. TheStateofTelanganaand2others,Rep. byitsPrincipalSecretary,Home department, Secreiariat Build ings, Hyderabad *1- Hyderabad' Home Guards' 2. The Addl. Director General of Police' Police' Khammam' District 3. The Superintendent of ...

RESPONDENTS of lndia praying that in the of the Constitution Petitlon under Article 226 to Hiqh coud may be pleased fiieJ tnerewitn, the stated in ,n"'"riiiir-un -orders circumstances passed by the 3rd to tf'" impugned call for the records '-"I9uul without '"tutin! 2311ees) dated 23l11/199e in c No. 2/Rl-HEcjix|\'rv'ss"(bbNo respondent justice is illegal' of Natural tLu principles ,. d *i;;;i'i;rio*lng conducttns enquiry to direct the tl^" and consequently unconstituti""'i'"0-*"t arbitrary, and ::T" "tq: with all consequential service forthwith tre ippticant into resoondents to reinstate r,-". rl"Jiti and pass such other order or orders 0F 2 017 WPMP TR . NO: 180 stated in the that in the circumstances 151 CPC praylnq Petition under Section to condone the irigi court may be pleased tr.

,"'J"tiion, ti," affidavit fired in support ot 23 davs in firins the above o'A' ;:il;i; ;;;;'JilJnm" RAMESH NAYAKAWADI Counsel for the Petitioner:SRl' GP FOR HOME Counsel for the Respondents: the following: The Court made ,/ ,// THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI 60, 58, 56, 53' 54' 55' 57' WRIT PETITION (TRl Nos. 52, 59 and 6L of2O2O COMMON ORDER: filed by the petitioners A11 these writ petitions have been orders passed by the seeking to set aside the removal sought respondents as arbitrary and iilegal and consequently into reinstate the petitioners a direction to the respondents to all consequential benefits' service as Home Guards with When the matters carne up for hearing, learned counsel for the petitioners would submit that the issue involved in covered bY order these writ 1S squarely Petitions W. P. No. 1570 l of 2O2O dated 16. 09.

2O2O in for the Pleader for Home appearing Learned Government respondents does not dispute the same' these writ petitions are In view of the said submission, disposed of in terms of order dated 16 09 '2020 1n W. P. No. 15701 of 2020. No order as to costs' if any, in these writ Pending miscellaneous Petltlons, petitions shal1 st SEKHAR RAO SD/. N. CH ANDRA REG RAR ASSIS TANT //TRUE COPY// SECTION OFFICER To, Government of Telangana Home (Police) Department' 1 . The Principal Secretary, Secretariat, HYderabad' Telangana' Police' Home Guards' State of 2. The Addl Director General of Hvderabad. citv' Hvderabad' of Police' Hvderabad . itftffi;issioner -nvo"t"nid City' Cnathabazar' Hyderabad nom"'L'"ilt' 4. The. Commanoant, 500 002. [oPUCl s 6* Cc to Sri. Nayakawadi Ramesh' Advocate tn" Stite of Telangana [oUT] irigi'b"ou't to' to GP t", n"rn"' 6. Two CCs 7. Two CD CoPies in WP No 15701 oI 2020 ) long with a coPY of order dated 16/09/2020 HIGH COURT DATED:1211112O20 COMMON ORDER WP(TR). NoS.

52, 60, 58, 56, 53, 54, 55,57, 59 & 61 0F 2020 i 1 1HE s lA : o 02 JAil 202r t f * Disposing of the WP(TR)s Without costs. 5sl . t rLD 1co? r--t1\u-P- It KUMAR SHAVILI HON'BLE SRI JUSTICE ABHINAND 5701 of 2020 PETITION No,1 WRTT oRDER: Whenthematteristakenupforhearing,learnedcounse,I in this n'rit petition that the issue raised for petitioner submits judgments of this Bench by the Division is squarell' covered 2O'O4'2O|B 19455 of 2014 and batch dated Court in W. P. No of 2Ol7 dated W P'(TR)'No'3129 of 2018 and and W. P. No. 7 784 was that the impugned removal order and contends 28. 02.

2O1g in terms to the petitioner giving any opportunity passed without Home Guards Rules' 1949' the Madras of Rule 7(4) of submits that the further for petitioner Learned counsel of in W'P'No'19455 in its orders of this Court Division Bench to directed the respondents '2OlB batch dated 20 'O4 2OI4 and' without anY into service therein the petitioners reinstate senioritY, servlce inciuding to their 1n relation Past benefits and attendant benefits' of service continuity for the appearing Pleader Government Learned made by submission the above has not disputed respondents that the case of petitioner anrl contended the iearned counsel fbr into service for reinstatement be considered the petitioner u'ould any of posts r'vithout and availabiiity physical htness subject to seniority, to his past service including in reiation bene{its and attendant benefits' of service continuity is of submissions' the rival having considered This Court, is passed without the impugned order view that the considered 7$) ol in terms of Rule to the petitioner giving any opportunity the order the Madras Home Guards Rules' 1g4g.

Therefore, are directed to resPondents and the is set aside impugned to physical fitness petitioner into service subject reinstate the relation to his benefits in posts without any and avaiiability of of service and continuity seniority, past servlce including attendant benefits petition is disposed the writ observations' With the above to costs' of. No order as if anY, sha1l stand Pending miscellaneous Petitions' closed. J KUMAR SHAVILI, ABHINAND Date:16-09-2020 dv

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