Sunil Kumar Sharma vs The State Of Telangana And 5 Others
2021 Latest Caselaw 1889 Tel

     HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI

                WRIT PETITION No.14561 of 2021

ORDER:

When the matter is taken up for hearing, 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.

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.

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 attendant benefits.

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

With the above observations, the writ petition is disposed

of. No order as to costs.

Pending miscellaneous petitions, if any, shall stand

closed.

________________________________ ABHINAND KUMAR SHAVILI, J Date: 30-06-2021 vv