HON'BLE SRI JUSTICE J. SREENIVAS RAO
WRIT PETITION (TR) No.3610 of 2017
ORDER:
The petitioner filed O.A.No.2185 of 2015 before A.P.A.T. at Hyderabad questioning the proceedings passed by respondent No.3, dated 07.03.2015. After abolishment of A.P.A.T., the matter was transferred to this Court and re-numbered as W.P.(TR) No.3610 of 2017.
2. Sri M.V.S.Sai Kumar, learned counsel for petitioner submits that the issue raised in this writ petition is squarely covered by the Division Bench judgments of this Court in W.P.No.19455 of 2014 and batch dated 20.04.2018 and W.P.No.7784 of 2018 and W.P.(TR).No.3129 of 2017 dated 28.02.2019 and contends that the impugned removal order was passed without giving any opportunity to the petitioner in terms of Rule 7(4) of the Madras Home Guards Rules, 1949.
3. Learned counsel for petitioner further submits that the Division Bench of this Court in its orders in W.P.No.19455 of 2014 and batch dated 20.04.2018 directed the respondents to reinstate the petitioners therein into service without any benefits in relation to their past service including seniority, continuity of service and attendant benefits. 2
4. Learned Government Pleader appearing for the respondents has not disputed the above submission made by the learned counsel for petitioner and contended that the case of the petitioner would be considered for reinstatement into service subject to physical fitness and availability of posts without any benefits in relation to his past service including seniority, continuity of service and attend ant benefits.
5. This Court, having considered the rival submissions, is of the considered view that the impugned order is passed without giving any opportunity to the petitioner in terms of Rule 7(4) of the Madras Home Guards Rules, 1949. Therefore, the order impugned is set aside and the respondents are directed to reinstate the petitioner into service subject to physical fitness and availability of posts without any benefits in relation to his past service including seniority, continuity of service and attendant benefits.
6. With the above observations, the Writ Petition (TR) is disposed of. No costs.
Pending miscellaneous petitions, if any, shall stand closed.
______________________________ JUSTICE J. SREENIVAS RAO Date: 13.10.2023 sa 3 34 HON'BLE SRI JUSTICE J. SREENIVAS RAO WRIT PETITION(TR) No.3610 of 2017 Dated: 13.10.2023 Sa