The Dist.B.C.Welfare Officer, ... vs K.Rama Goud, Medak District ...
2022 Latest Caselaw 4539 Tel

           THE HON'BLE SRI JUSTICE P. NAVEEN RAO
                            AND
           THE HON'BLE SMT JUSTICE P. SREE SUDHA

               WRIT PETITION No.15145 OF 2005

                        Date:16.11.2021

Between:

The District B.C. Welfare Officer,
Medak District at Sangareddy and others   .. Petitioners


     And


K. Rama Goud, S/o. not known,
Junior Assistant-cum-Typist,
O/o. Assistant B.C. Welfare Officer,
Sangareddy, Medak District and another    .. Respondents

The Court made the following:

THE HON'BLE SRI JUSTICE P. NAVEEN RAO AND THE HON'BLE SMT JUSTICE P. SREE SUDHA

WRIT PETITION No.15145 OF 2005

ORDER: (Per Hon'ble Justice P.Naveen Rao)

This writ petition is filed praying to grant the following relief:

"... to issue a writ, order or direction more particularly one in the nature of Writ of Certiorari by calling for the records relating to the order of the Hon'ble APAT, Hyderabad, passed in O.A.No.8816 of 2001, dated 26.04.2004, as being illegal, erroneous and unreasonable and quash the same and pass other order or orders as deemed in the circumstances of the case."

2. Heard learned Government Pleader for Services-II appearing

for petitioners and Sri P. Kishan Rao, learned counsel appearing

for respondent No.1.

3. By order dated 30.11.2001, the 1st respondent was reverted

from the post of the Junior Assistant to that of watchman to

accommodate the 2nd respondent. Challenging the order of

reversion, the 1st filed O.A.No.8815 of 2001 in the Andha Pradesh

Administrative Tribunal (APAT). By order dated 26.04.2004, the

APAT allowed the O.A., setting aside the order of reversion dated

30.11.2001. Challenging the said decision of the APAT, the State

preferred this writ petition.

4. This Court, by order dated 14.07.2005, granted interim

suspension of the order of the APAT.

5. That being so, when the matter is taken up, learned

Government Pleader for Services - II fairly submits that though the

judgment of the APAT was suspended, the 1st respondent was

continued as Junior Assistant and in the said capacity, he was

allowed to retire from service and his retirement benefits, including

monthly pension, were determined by treating him as Junior

Assistant. Learned Government Pleader also informs the Court

that the 1st respondent died on 12.09.2021.

6. Having regard to the fair submission of learned Government

Pleader, nothing survives in the writ petition and the writ petition

is accordingly dismissed. Miscellaneous Petitions, if any, pending

in this writ petition shall stand closed.

___________________ P. NAVEEN RAO, J

____________________ P. SREE SUDHA, J

Date:16.11.2021 KH

THE HON'BLE SRI JUSTICE P. NAVEEN RAO AND THE HON'BLE SMT JUSTICE P. SREE SUDHA

WRIT PETITION No.15145 OF 2005

Date:16.11.2021

KH