High Court · 2025

Petition Under Article 226 of the constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased 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.'l 134t2o16 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 and 21 of the constitution of lndia and consequentia lly, 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. ,l 7 I.A.NO:1 OF 2025 Petition Under Section i sl cpc praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be preased to direct the respondents to reinstate the petitioner in to the duty, consequent to his acquittal in the criminar case vide c.c.No.141l20 17 dt:22.07.2o2a, by the Addr Junior civil judge cum Addl First class Magistrate, Mahaboobabad, either by reviewing the suspension orders or by suspending the suspension orders issued by the 1st Respondent vide proceedings in R.c.1 134t82t2016 dt.27.07.2016 pending disposal of the above writ petition. Counsel for the Petitioner : SRI POODATTU AMARENDER Counsel forthe Respondents : G.p FOR SERVICES _ I The Court made the following ORDER I I I H THE HON'BLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO WRIT PETITION No.2O52 OF 2o25 ORDER: 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 reliel "...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. ll34l2016 dt:27.O7.2016, without any review and also not paying the subsistent allowance in accordance With l,-.R.53 as illegal, arbitrary, unjust and violative of Article 14, l6 & 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 allowancesL due to the petitioner and to pass... "

3. Heard Sri P.Amarender, learned counsel for the petitioner and learned Government Pleader for Services-l for the respondents. 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 .O7 .2016 on the ground that a criminal case was registered against him uide Crime No.6l /SI-M4/ 2016, dated 27.O7.2016 on the lile of Station House Ofhcer, Seerol Police Station, Kurvi Mandal, alleging that the --1 2 RRN,,I Wp 2052 2025 petitioner has produced fake caste certiftcate. After filing of charge sheet, the said case was numbered as C-C.No. l4l of 2017 on Ll:e hle of learned Additional Junior Civil Judge-cum-Additional Judicial Magistrate of First Class, Mahabubabad and uide 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 1O.O9.2024 requesting for disposal of the appeal, dated O4.03.2016 filed against the proceedings, dated O1.O2.2O16. 5, Learned counsel appearing for the petitioner further submits that as per G.O.Ms.No.86, dated O8.O3. 1994, the-respondents are bound to review the suspension order for every six months. However, thc respondents have neither reviewed the suspension order of the petitioner so far nor reinstated the petitioner into service. Further, the respondcnts are not paying subsistence allowance to the petitioner. Therefore, learned counsel for the petitioner prays this Court to pass appropriate orders.

6. Learnr:d 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.O3.2O 16 and the same is pending. Further, the petitioner was not only suspended on the ground of pcndency of criminal case, but also due to unauthorized I -7 3 RRl{,J Wp_2O52-2025 absence. However, the respondents will review the suspension order of the petitioner as per G.O.Ms.No.86, dated 08.O3.1994. *. 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 1O.O9.2O24, submitted by the petitioner and pass appropriate orders, strictly in accordance with law, as expeditiously as possible, preferably within a period of eight (B) 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. //TRUE COPY// SD/.A.V.S. PRASAD ASSISTANT REGISTRAR CTION OFFICER I To '1 . The District Educational Officer, Warangal, Warangal District. 2. The District Educational Officer, Mahaboobabad, Mahaboobabad District. 3. The District Collector, Warangal, Warangal District. 4. The Commissioner and Director of School Education, State of Telangana, Saifabad, Hyderabad.

5. The Principal Secretary, School Education Department, Secretariat Buildings, State of Telangana at Hyderabad.

6. Two CC's to G.P FOR SERVICES-|, High Court for the State of Telangana at i Hyderabad. (OUT)

7. One CC to SRI POODATTU AMARENDER, Advocate [OPUC] B. Two CD Copies sA .- BS 1*- HIGH COURT DATED:27101,t2025 ORDER WP.No.2052 r>f 2025 SEH1 T.q 16 14 rEB zffi z ( C () a t DrSr-,i CH EO + DISPOSING I)F THE W.P WITHOUT COSTS. \\ .o{"A ,s''