Telangana State Level Police ... vs Sheik Karim Pasha
2021 Latest Caselaw 481 Tel

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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

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