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THE HON'BLE THE CHIEF JUSTICE HIMA KOHLI
AND
THE HON'BLE SRI JUSTICE A. ABHISHEK REDDY
W.A.No.221 of 2020
JUDGMENT: (Per the Hon'ble the Chief Justice Hima Kohli)
1. The appellant/respondent Nos.2 and 3 in W.P.No.21669 of 2019
are aggrieved by the interim order dated 18.11.2019 passed by the learned Single Judge disposing of an interim application moved by the respondent No.1/writ petitioner praying inter alia for staying the finalization of selection for the posts of Constable (SPF) for Post Code No.25 in Rc.No.88/Rect./Admn.1/2018 dated 31.05.2018, during the pendency of the writ petition.
2. By the impugned order, the learned Single Judge has directed the appellants to consider the case of the respondent No.1/writ petitioner for appointment to the subject post without rejecting his candidature on the ground that he is not a member belonging to the Telangana State.
3. Mr. M.V.Rama Rao, learned Special Government Pleader for the appellants states that the impugned order virtually amounts to deciding the writ petition itself which is still pending adjudication, as nothing would survive therein if the interim order is given effect to.
4. We are inclined to agree with the submission made the learned Special Government Pleader for the appellants. The impugned order virtually amounts to allowing the writ petition. At the same time, having regard to the fact that the writ petition is pending adjudication since the year 2019 and the career of the respondent No.1 is on hold, it is deemed appropriate to direct the appellants to keep available W.A.No.221 of 2020 Page 1 of 2 2 one vacant post in the post of Constable under Special Category for Children of Special Protection Force personnel in Post Code No.25, during the pendency of the writ petition. The impugned order is modified accordingly.
5. List W.P.No.21669 of 2019 before the learned Single Judge, as per roster, with a request to fix an actual date for final hearing of the writ petition itself.
6. The present appeal is disposed of with the aforesaid directions along with pending applications, if any.
_________________ HIMA KOHLI, CJ _______________________ A. ABHISHEK REDDY, J 19.02.2021 Lrkm W.A.No.221 of 2020 Page 2 of 2