S K Ameena vs Government Of Andhra Pradesh,
2024 Latest Caselaw 2692 Tel

Telangana High Court

S K Ameena vs Government Of Andhra Pradesh, on 15 July, 2024

Author: Nagesh Bheemapaka

Bench: Nagesh Bheemapaka

     THE HON'BLE SRI JUSTICE NAGESH BHEEMAPAKA

 WRIT PETITION Nos.14067, 13988, 15856, 13924 of 2013
                  and 8779 of 2014
COMMON ORDER:

These writ petitions are filed seeking the following relief:

"....to issue a writ of mandamus declaring the action of not extending the benefit of G.O.Ms.No.286, dated 08.10.2008 and judgment of the Hon'ble High Court, dated 06.07.2012 to the petitioners on part with similarly situated petitioners in batch of writ petitions in W.P.No.5650 of 2009 and implemented vide proceedings of 1st respondent dated 09.11.2012 as totally arbitrary, unfair, illegal and violative of articles 14 and 21 of the Constitution of India and consequently direct the respondents to extend the benefit of minimum of time scale of pay as per G.O.Ms.No.286, dated 10.08.2008 and in terms of judgment of the Hon'ble High Court in W.P.No.5650 of 2009 and batch, dated 06.07.2012 to the petitioners also with all consequential benefits and pass such other order or orders...

2. When the matter is taken up for consideration,

Sri S. Lakshma Reddy, learned counsel for the petitioners submits

that in similar circumstances the Coordinate Bench of this Court has

allowed Writ Petition Nos.5650 of 2009 and batch, by order dated

06.07.2012. The said submission is not disputed by learned counsel

for the respondents.

3. In view of the submission made by the both counsel, without

going into the merits of the case, these Writ Petitions are disposed of

in terms of the order dated 06.07.2012 passed by the Coordinate

Bench of this Court in Writ Petition Nos.5650 of 2009 and batch, as

follows;

"It is clear that the respondents have not

complied with Section 25-F of the Industrial Disputes Act. Therefore, the termination is illegal. It is most unfortunate to say that as there is break in service about 13 years back, the services of the petitioners have been terminated. Thus, it is clear that the termination orders are not only illegal but totally unreasonable and inhuman. In view of the same, I hold that the petitioners are entitled for the relief claimed by them in the writ petition. Accordingly, it is made clear that the petitioners are entitled to the benefit in terms of G.O.Ms.No.286.

Accordingly, all the Writ Petitions are allowed holding that the petitioners are entitled to the benefit in terms of G.O.Ms.No.286. There shall be no order as to costs".

Miscellaneous petitions, if any, pending in this writ petition

shall stand closed. No costs.

_____________________________ NAGESH BHEEMAPAKA, J

Date:15.07.2024 Ds