N. Mallikarjun vs The Government Of Telangana State
2023 Latest Caselaw 3164 Tel

       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.

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

HON'BLE SRI JUSTICE J. SREENIVAS RAO

WRIT PETITION(TR) No.3610 of 2017

Dated: 13.10.2023

Sa