Telangana High Court
Ch. Rama Devi vs The Government Of Andhra Pradesh, on 24 November, 2023
IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH
AT HYDERABAD
FRIDAY, THE ELEVENTH DAY OF APRIL,
TWO THOUSAND AND FOURTEEN
:PRESENT:
THE HON'BLE SRI JUSTICE DAMA SESHADRI NAIDU
WP .NO: 11158 of 2014
Between:
Ch. Rama Devi W/o D. Narasimha Swamy,
working as Staff Nurse, A.P. Social Welfare Residential School /Jr.College,
Parkal, Warangal District.
..... Petitioner
AND
1 The Government of Andhra Pradesh, Rep.by its Principal Secretary,
Social Welfare Department, Secretariat, Hyderabad.
2 The District Collector, Warangal District, Warangal.
3 The A.P. Social Welfare Residential Educational Institutions Society,
Hyderabad, Rep.by its Secretary.
4 The Zonal Officer, V Zone, A.P. Social Welfare Residential Educational
Institutions Society, Warangal.
5 The Principal, A.P. Social Welfare Residential School/Jr. College,
Parkal, Warangal District.
.....Respondents
Petition under Article 226 of the Constitution of India praying that in the
circumstances stated in the affidavit filed herein, the High Court may be
pleased to issue an appropriate Writ, order or direction, more particularly are
in the nature of WRIT OF MANDAMUS, declaring the action of 3rd
respondent in issuing the impugned show cause notice in Proceedings
C/D1/15720/1996-27 dated 10-3-2014 for rescinding the benefits granted
earlier as being arbitrary, illegal, without jurisdiction, void abinitio, contrary to
the orders of this Hon'ble Court, hit by laches and principle of estoppel and in
violation of Article 14 of the Constitution of India and hold that the petitioner is
entitled to be paid regular salary with all benefits which are ancillary and
incidental thereto.
The petition coming on for hearing, upon perusing the Petition and the
affidavit filed herein and upon hearing the arguments of Sri D. Linga Rao,
Advocate for the Petitioner and G.P. for Social Welfare for Respondent Nos.1
to 4, the Court made the following
ORDER:
Prima facie the petitioner has been treated as regularly appointed employee with effect from the date of her initial appointment i.e., 25.07.1989 based on an order of this Court dated 24.06.1994 in W.P.No. 6000 of 1990. It is stated that the said order has attained finality. Presently, the respondent authorities issued a show cause notice calling for an explanation why the order issued in G.O.Ms.No.38, SW(RS.1) Department, dated 22.03.2001 should not be rescinded in the light of the judgment of the Hon'ble Supreme Court in Uma Devi and others Vs. State of Karnataka and others (Umadevi's).
It is evident that pursuant to the order of this Court in W.P.No.6000 of 1999, G.O.Ms.No.38, SW(RS.1) Department, dated 22.03.2001 was issued treating the petitioner's services as regular and she has been extended all benefits all these years. Though this Court is usually averse to issuing any interim direction at the stage of show cause notice, which is yet to be answered and decided upon, in this particular instance it meets the ends of justice, if an order of status-quo is granted since the authorities, as could be seen in the first blush, have themselves applying the doctrine of stare decisis has been constitutionally enunciated under Article 141 of the Constitution of India.
Post the matter in two (02) weeks.
ASSISTANT REGISTRAR //TRUE COPY// For ASSISTANT REGISTRAR To 1 The Principal Secretary, Social Welfare Department, Government of Andhra Pradesh, Secretariat, Hyderabad. 2 The District Collector, Warangal District, Warangal. 3 The Secretary, A.P. Social Welfare Residential Educational Institutions Society, Hyderabad.
4 The Zonal Officer, V Zone, A.P. Social Welfare Residential Educational Institutions Society, Warangal. 5 The Principal, A.P. Social Welfare Residential School/Jr. College, Parkal, Warangal District.
(Addressees 1 to 5 BY RPAD) 6 One CC to Sri D. Linga Rao, Advocate (OPUC) 7 Two CCs to the G.P. for Social Welfare, High Court of A.P., Hyderabad.
(OUT) 8 One spare copy.
nnr HIGH COURT DSN,J DATED: 11-4-2014 NOTE: Post in two weeks ORDER W.P.NO. 11158 OF 2014 DIRECTION HIGH COURT Nnr Date of Drafting : 19-4-2014 DSN,J DATED: 11-4-2014 NOTE: Post in two weeks ORDER W.P.NO. 11158 OF 2014 DIRECTION