Dr.FarhatAra v. The Government of Telangana

Petition Under Article 226 of the constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to issue an order or direction, more particularly one in the nature of writ of Mandamus, declaring the action of the respondents in not implementing the order of the Honourable erstwhile A.P. Administrative Tribunal dl 131612012 in o.A.No. 4O7OI2O12 as illegal, arbitrary, uniust, unfair, discriminatory and contrary to the law, apart from violation of constitutbnal provisions and consequently direct the respondents herein to implement the orders dl 13rc1m12 in O'A' No' 407012012, of the Honourable erstwhile A.P. Administrative Tribunal, by extending the benefit of orders issued by the Government in Memo'No' 1 251 I Al 201 9 -1 2, dt 7 I 6 I 2023. |.A.NO:1 OF 2025 Petition Under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents herein to implement the orders dt: 13.6.2012 in O.A.No. 4O7O12O12, of the Hcnble erstwhile A.P. Administrative Tribunal, by extending the benefit of orders issued by the Government in Memo.No. 1251,tA12O19-12, dtl 7.6.2023 pending disposal of writ petition. Counsel for the Petillioner : SRI C.SAI REDDY Counsel forthe Respondent Nos.1 & 2 : GP FOR SERVICES-I Counsel for the Respondent No.3 : SRI K.BALAKRISHNA The Gourt at the stage of admission made the following ORDER THE HON'BLE SRI JUSTICE PULLA I{ARTHIK WRIT PETITIO N No.856 OF 2025 ORDER: This Writ Petition, under Article 226 of the Constitution of India, is filed seeking the following relief: "...to issue an order or direction, more particularly one in the nature of Writ of Mandamus, dectaring the action of the respondents in not implementing the order of the Hon'ble erstwhile A.P-Administratrve Tribunal, dated 13'06 2012 in O.A.No.4070 of 2012, as iltegat, arbitrary, unjust, unfair' discriminatory and contrary to the law, apart from violation of constitutional provisions and consequently direct the respondents herein to implement the orders, dated 13'06'2012 in O.A.No.4O7O of 2Ol2 of the Hon'ble erstwhile a P Administrative Tribunal, by extending the benefit of orders issued by the Government in Memo No.1251/A l2Ol9-12, dared 07 06'2023 " '" I I

2. When the matter is taken up for hearing' learned counsel for the petitioner submitted that issue , , involved in this Writ Petition is squarely covered by the Common Order passed by this Court in W'P'No'3O635 of 2O24 and Batch, dated 13.11'2024'

3. The same is not disputed by learned counsel appearing lor the respondents' ,

4. Following the said Common Order and for the reasons stated therein, this Writ Petition is also disposed ,of in terms thereof directing the respondents to implem.ent the orders passed by the Tribunal in the subject O,.A.No.4O70 of 2012, dared 13.O6.2OL2, as expeditiouLsly as possible, preferably within a periocl of eight (8) w.eeks from the date of receipt of a copy of this order, keeping in view the Memo No.l21l I A/2Olg- 12, dated O7.06.2O23, issued by the Government. TIrere shall be no order as to costs. Misce-llaneous petitions if any, pending in this Writ Petition sh.a!! 9tz41d q!qse{. //TRUE COPY// SD/- A. SRINIVAS REDDY ASSISTANT REGISTRAR 't\ I SECTION OFFICER

1. The Principal liecretary, Government of Telangana, Health Medical and z. rne iommissionei of AyUSH, Telangana state, pRC Buitdinq, Market street, Family Welfarc' Department' Secretariat, Hyderabad'- Secunderabircl, HYderabad.

3. The Accountarrt General, (A and E), Saifabad, Hyderabad' a.r*oCCstoGPFoRSERVICES-I,HighCourtfortheStateolTelanganaat '. l' i I I i I I I To Hyderabad. [OUT]

5. One CC to SFll C.SAI REDDY, Advocate [OPUC] 6. One CC to SFll K.BALAKRISHNA, Advocate (OPUC) 7. Two CD CoPies (Along with a copy of the common order dated 13-11-2024 in WP.No.30635 ot 2024 to this order) SA KKS tr- HIGH COURT DATED:0910112025 ORDER WP.No.856 <rf 2025 I i i I DISPOSING OF THE W.P AT THE STAGE OF ADMISSION WITHOUT CICSTS. (t+ Ir,^ w\2-{ --"':'=a i:t= sxAT€ ,:.1 :.ll :J ,J I 0 5 illR 2[25 .- .'-t.,-;: r. \s_...._ r. rCH6O 2,2 2 *!' * THE HON'BLE SRI JUSTICE PULI,A KARTHIK WRIT PETITION Nos.3O63 5 30292 30302 30344 30371 30494,30515.30 424.30 920,31724 and 31570 of2024 COMMON ORDER: i With the consent of all the parties, all these Writ Petitions are disposed of at the stage of admission itself.

2. Since common issue is raised in all these Writ Petitions, they are taken up together for hearing and disposed of by way of this common order. 3, All the petitioners herein are retired Medical Officers. They filed these rvrit petitions for implementation of the orders passed by the erstrvhile Andhra pradesh Administrative Tribuna_l, Hyderabad (for short, .the Tribunal,) in the subject O.As.

4. While the petitioners are in sen,ice, they filed subject O.As before the Tribunal seeking to declare the action of the respondents therein in not treating the services rendered by them as qualifiring service and in not calculating the same for the pu{pose of calculating pensionary benefits, as arbitrar5r and illegal. Since the issue involved in the subject O.As is squarely covered by the order passed by the Tribunal in O.A.No.18O7 of 2012, dated 30.03.2Ot2, the I I l I I I i 2 Tribunal rtllowed all subject O.As., in terms of the said order, dated 30.03.2012 in O.A.No.l8O7 of 2012. Challenging the said order of the Tribunal, Government filed Writ petitions and the li3arned Division Bench of this Court conhrmed the orders passed by the Tribunal. Challenging the orciers passed by the Division Bench of this Court, the Ciovernment approached the Hon'ble Supreme Court by frling SL,p and the Honble Supreme Court dismissed the SLp confi: ming the orders of this Court.

5. -leard learned counsel appearing for .ire parties ar:d pt nrs:,1 thc record.

6. .\s seen from the record, the Tribunai rlisposed of the sr-rb-jer--t O.As., pursuant to the order passeC by the TribtrnaL irr O.A.No.1B07 of 2012, dated,30.O3.2072. The said order ',r'a s crnfirmed by the Division Bench of this Oourt and also the Hon'ble Supreme Court. Therefore, the respondents are bound tr implement the orders passed by the li.ibunal in the subject. t).As.

7. llaving regard to the above, a]l these Writ petitions are disposr:rl of directing the respondents to implement the orders pas;sed by the Tribunal in the subject O.As., as 3 expeditiously as possible, preferably within a period of eight (8) weeks from the date of receipt of a copy of this order, keeping in view the Memo No.l2il/a/2llg-12, dated 07.06.2023 issued by the Government. There shall be no order as to costs. Miscellaneous petitions if any, pending in these writ petitions sha-ll stand closed. Date: L3.11-.2024 WL JUSTICE PULLA KARTHIK