High Court · 2025

Petition under Article 226 oI the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ of Mandamus or any other appropriate Writ order or direction by declaring the action of respondents in not regularizing the period of suspension from 08-04-2007 to 08-02-2009 as on duty though the order of punishment of withholding of two (2) Annual Grade lncrements with cumulative effect vide G.O.Rt.No. 243, Transport, Roads and Buildings (VlG.RandB) Department, dt. 27-05-2023, has been set aside of this Hon'ble Court in w.P.No.15450 of 2023, by the Judgmentdt.o2-o2-2o24 and in pursuance thereof the lst respondent has issued G.O.Rt. No.699, Transport, Roads and Buildings (Vig. RandB) Department, dt. 28-08-2024, dropping further action against the petitioner, as illegal, arbitrary and unconstitutional being violative of Articles 14, 16 and 21 of constitution of lndia, consequently direct the respondents to treat the period of suspension from 08-04-2007 lo o8-o2-2o09 as on duty by conferring all consequential benefits such as promotion as Executive Engineer (RandB), by paying arrears of amounts and increments to the petitioner, in view of the Judgment of this Hon'bre court in w.p.No.15450 of 2023, dt.o2-02-2o24 and G.O.Rt. No.699, Transport, Roads and Buildings (Vig RandB) Department, dt. 28.O8.2024 lA NO: 1 OF 2025 Petition under Section 151 cpc praying that in the c;ircumstances stated in the affidavit filed in support of the petition, the High court may be pleased to direct the respondents to consider and pass orders on the representations made by the petitioner dt 09-09-2024 and 14-11-2024, by regularizing the period of suspension from 08-04-2007 to 0g-02- 20og as on duty by paying arrears of amounts and increments incruding promotion as Executive Engineer (RandB), to the petitioner, in view of the Judgment of this Hon'ble coLrrt in w.p.No.15450 of 2023' dt.02-o2-2024 and c.o.Rt. No.699, Transport, Roads and Buirdings (vig. RandB) Department, dt.28.OB.2O24, forthwith, pending final disposal of r$p main W.P. Counsel for the Petitioner: SRI. S. GOPAL RAO Counsel forthe Respondents: Gp FOR TRANSPORT The Court made the following: ORDER 7 THE HON'BLE SRI JUSTICE NAMAVARAPU RAIESHWAR RAO WRIT PETITION N o.22990F2o2s ORDER This writ petition is filed for the following relief: ".,.to issue a writ of Mandamus or any other appropriate writ, order or direction by declaring the action of respondents in not regularizing the period of suspension from 08.04.2007 to 08.02.2009 as on duty though the order of punishment of withholding of two (2) Annual Grade Increments with cumulative effect vide G.O.Rt.No.243, Transport, noaAs lnd Buildings (VIG. R&.8) Department, dated 27.05.2023, has been set aside of this Hon'ble Court in W.P.N?.15450 of 2023 by the ludgment dated 02.02.2024 and in pursuance thereof the 7't respondent has issued G.o.Rt.No.699, Transport, Roads & Buildings (Viq. R&.8) Department dated 28.08.2024, dropping further action against the petitioner as illegal, arbitrary and unconstitutional being violative of Articles 74, 16 and 21 of Constitution of India, consequently direct the respondents to treat the period of suspension from 08.04.2007 to 08.02.2009 as on duty by conferring all consequential benefits such as promotion as Executive Engineer (R&B), by paying arrears of amounts and increments to the petitioner, in view of the ludgment of this Hon'ble Court in W.P.No.1545O of 2023, dt. 02.02.2024, and G.O.Rt.No.699, Transport, Roads & Buildings (Vig. R&B) Department, dt. 28 08 2024 and to pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case." I I i i I I t 2

2. Heard Sri S. Gopal Rao, learned counsel for the petitioner, learned Government pleader for Services-I for the respondents. Perused the material on record.

3. The petitioner was initially recruited as Assistant Engineer in the year 1995 on selecticn by AppSC. Subsequently, he was appointed by transfer as Assistant Executive Engineer on acquired B.Tech during; the year 2003. In the year 2005, while the petitioner vras working as Assista nt Executive Engineer (R & B), As:;embly Building Division, Hyderabad, canteen renovation works at new MLA quarters were taken up on emergency basis based on the instructions of the then Minister for Finance a,:companying by Superintending Engineer (R&B) and completed the said work within fortnight with good quality and specialised items. Thereafter, the petitioner was transferred from Assembly Building Division to Central Building Division during the month of April, 2006 and joined as such on 29.04.2006. While things stood thus, on certain irregularities alleged to have been committed while executing the works in MLA euarters, the petitioner was placed under suspension vide proceedings dated 04.04.2007. A charge memo dated 12.11.2007 was issued, to which the petitioner submitted explctnation rlenying (1. 3 the charge. Subsequently he was reinstated into service on

09.02.2009.

4. It is stated that vrde'G.O.Rt.No.1241 dated 30.10.2012, the petitioner was imposed the punishment of stoppage of three increments with cumulative effect. Questioning the same, the petitioner filed O.A.No.g198 of 2012 before the then A.P. Administrative Tribunal, Hyderabad, and the same was dismissed by order dated 02.12.2013, against which lhe petitioner preferred W.P.No.39060 of 2013 before this Court. In the said writ petition, a Division bench of this Court has set aside the order dated 02.12.2013 passed in O.A.No.919B of 2012 as well as the punishment order in G.O.Rt.No.1241 dated 30.12.20L2 and remanded the matter to the State Government to re-examine the case afresh. Pursuant thereto, the Government, having re-examined the case afresh, issued G.O.Rt.No.243 dated 27.05.2023, revising the penalty of withholding of two annual grade increments with cumulative effect instead of withholding of three annual grade increments with cumulative effect, which necessitated the petitioner to file W.P.No.15450 of 2023. By order dated 02.02.2024, W.P.No.15450 of 2023 was allowed setting aside G.O.Rt.No.243 dated 27.05.2023. Thereafter, respondent 4 No.1 issued G.O.Rt.No.699, Transport, Roads & Buildings (Vig.R&B) Department, dated 28.08.2024, droppinq further action against the petitioner.

5. The grievance of the petitioner is that he is entitled for regularisation of the period of suspension ancl other reliefs in view of G.O.Rt.No.699 Transport, Roads & Buildings (Vig.R&B) Department, dated 28.08.2024, and as sur:h, he made a representation dated 14.11.2024 to respondent No.1, but till '* date the same has not been considered.

6. Learned counsel for the petitioner submits that the respondents may be directed to consider the representation dated 14.11.2024 oF the petitioner.

7. Learned Government pleader appearing fbr the respondents did not oppose for a direction to the authorities to dispose of the petitioner's representation. B. Having heard to the submissions made by Iearned counsel for both parties and also having regard to the grievance of the petitioner, the writ petition is disposed of directing the respondents to consider the petitioner.s representation dated 14.LI.2024 and pass appropriate orders, in accordance with law, within a period of two (2) months (l To, 5 from the date of receipt of a copy of this order. No order as to costs. closed. Miscellaneous petitions pending, if any, shall stand //TRUE COPYII SD/-A.V.S. PRASAD REGISTRAR ASSIS CTION OFFICER '1. The Special Chief Secretjrry, Transport, Roads and Buildings (VlG.RfindB) ^ !epqtment, Secretariat Buildings, T.S.,Hyderabad -SOO 022. 2. The Engineql!-qhlel $?nd B), Administration, Erra manzit, Telangana 3. One CC to SRt. S GOPAL RAO Advocate tOpUCI 4. Two CCs to GP FOR TRANSPORT ,High Court frjr the State of Telangana at 5. Two CD Copies Hyderabad [OUT] E BM BS HIGH COURT DATED:0410212025 ORDER WP.No.2299 of 2025 ( + \(, ;_ sTA r€ o 1 5 rr;i 2[25 a .,I ItF,q pe1. '<-; DISPOSING OF THE WRIT PETITION WITHOUT COSTS eX 2e \