Telangana High Court
S.Appa Rao vs The District Educational Officer on 27 January, 2025
THE HON'BLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO
WRIT PETITION No.2052 OF 2025
O R D E R:
With the consent of the parties, this Writ Petition is taken up
for disposal, at the stage of admission itself.
2. This Writ Petition is filed under Article 226 of Constitution of
India seeking the following relief:
"...to declare the action of the respondents in not reinstating the
Petitioner in to the duty and keeping him under prolonged
suspension vide R.C.No.1134/2016 dt:27.07.2016, without any
review and also not paying the subsistent allowance in accordance
With F.R.53 as illegal, arbitrary, unjust and violative of Article 14, 16
& 21 of the Constitution of India and consequentially, set aside the
same and further, direct the respondents to reinstate the Petitioner
in to the duty, forthwith, with all service and monetary benefits,
including payment of arrears of subsistence allowances, due to the
petitioner and to pass..."
3. Heard Sri P.Amarender, learned counsel for the petitioner
and learned Government Pleader for Services-I for the respondents.
4. Learned counsel for the petitioner submits that the petitioner
was appointed as School Assistant (English) at ZPPS, Azamnagar,
Warangal and thereafter, he was transferred to ZPPS,
Modugulagudgem, Mahabubnagar. While working as such, the
petitioner was placed under suspension on 27.07.2016 on the
ground that a criminal case was registered against him vide Crime
No.61/SI-M4/2016, dated 27.07.2016 on the file of Station House
Officer, Seerol Police Station, Kurvi Mandal, alleging that the
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petitioner has produced fake caste certificate. After filing of charge
sheet, the said case was numbered as C.C.No.141 of 2017 on the
file of learned Additional Junior Civil Judge-cum-Additional
Judicial Magistrate of First Class, Mahabubabad and vide
judgment, dated 22.07.2024, the trial Court acquitted the
petitioner from the criminal case. Subsequently, the petitioner has
made an application before the respondents on 10.09.2024
requesting for disposal of the appeal, dated 04.03.2016 filed
against the proceedings, dated 01.02.2016.
5. Learned counsel appearing for the petitioner further submits
that as per G.O.Ms.No.86, dated 08.03.1994, the respondents are
bound to review the suspension order for every six months.
However, the respondents have neither reviewed the suspension
order of the petitioner so far nor reinstated the petitioner into
service. Further, the respondents are not paying subsistence
allowance to the petitioner. Therefore, learned counsel for the
petitioner prays this Court to pass appropriate orders.
6. Learned Government Pleader for the respondents submits
that against the order, dated 01.02.2016 an appeal is filed by the
petitioner before the authorities on 04.03.2016 and the same is
pending. Further, the petitioner was not only suspended on the
ground of pendency of criminal case, but also due to unauthorized
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absence. However, the respondents will review the suspension
order of the petitioner as per G.O.Ms.No.86, dated 08.03.1994.
7. Having regard to the submissions made by learned counsel
for the respective parties, this Writ Petition is disposed of directing
the respondents to consider the representation, dated 10.09.2024,
submitted by the petitioner and pass appropriate orders, strictly in
accordance with law, as expeditiously as possible, preferably within
a period of eight (8) weeks from the date of receipt of a copy of this
order. Further, the respondents are directed to pay subsistence
allowance to the petitioner, preferably within a period of four (4)
weeks from the date of receipt of a copy of this order. There shall
be no order as to costs.
Miscellaneous petitions pending, if any, shall stand closed.
_____________________________________
NAMAVARAPU RAJESHWAR RAO, J
Date : 27.01.2025.
TMK
