High Court · 2025
Case Details
Acts & Sections
Smt.S V.Lakshmi. D/o Late Samena Na -firining Manager, R/o H No 1-2- 6"C Rajendranagar, HYderabad Smt Zareena Begum, D/o Syed Masood' Aged aPout 4 F;;ET [!;i'.6it1 nib rrrt Nb 543, site-lr' NRR Puram Hyderabad. oeswara Rao. Aged about 53 Years' TteltT New Green CitY, tsudwel' 3 vears,'Occ. Senior Cblony, Borabanda' S.R.Nagai, HYderabad.
3. P.S.V. Madhava Narastmhum, S/o Late ?,9,BgTq'h Aoed about 51 years' occ. Proiect n..'rtrni,"'Hid H'r1" 6-5 )zzlCittzt (pliq' Madhuranasar' 4. V.Ramesh, S/o. V.Alexander, Aged about 41 years' Occ Assistant Manager' - ii;"o;;;,-N-o e-4, N I i;t;;"il; Rilendra't"tasa r' Hvderabad' 5 Smt.K.Rajya Lakshmr, W/o K Venu Gopal' Aoed about 51 years' occ. Training 1vlanager, HiJ H i'i" {-a:sti'-'Kamaldngar' Vpnasthalipuram Hyderabad ...PETITIONERS AND .1 a The Ministrv of Rural Development' Gpvernment of .lndia Rep' by its Joint Secretary (Trg), Room r'ro j5'bE' z;t-Fioor' inoia Habitat Centre' Lodhi Road, New Dalhi-110003 The National lnstitute. of Rural Development and Panchayafi*?';lffi,ri, #;;ff;iffi oi1'r,"-rrltini.tr.v of Rural Development Gove il'6ffi"lils;,.,'iivi"i,odo' C"p ov itt Dirbctor General ...RESPONDENTS 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 writ' order or direction more particularly one in the nature of Writ of Certiorari calling for the records relating to OA No 114412018 and order in MA No' 245/201g r';'|(;rting the stay order dt. 2g.03.2025 and set aside the.same and consequen'y dir:ct the respondents to continue the I)etitoners in service, pending the firral ,j sposal of the OA. lA NO: 2 OF 202!; Petition _rrrrk;r Section 15i CpC praying that in the circ lmstances stated in the affidavit fjr3J in suppo( of the petition, the High cotrrt nray be preased to suspend the c.cter in MA No. 24St2O1g dt.28O3.Z025 in (r4 ry6. 1 144t2018 vacatrng the sra' r>rder and consequenry direct the, perrdinlr disposar of the above writ petit orr Counsel for the petitioners: SRI M. SRIKANTH Counsel for the Respondent No.1: SRI GADI PRAVEEN KUMAF, DEPUTY SOLICITOR GENERAL OF INDIA Counsel for the Rr: ipondent No.2: SRI BHARATIYA SUDARSHtTN, SC FOR NIRD AND PR The Court made fl"rrr following: ORDER HON'BLE SRIJUSTICE ABHINAND KUMAR SHAVILI AND HON'BLE SMT JUSTICE TIRUMAI-A DEVI EADA W.P.No.l0 14 0F z02s ORDER: (Per Hon'bh Sn Jufi,v Altltinanl Krrndr .\'ttarili) Aggrieved by the interlocutory order dated 28.03.2025 passed in O.ANo.1144 of 2018 by the C-entral Administrative Tribunal, Hyderabad (for shon 'Tribunal), the present writ petition has been filed. l
2. Fleard Sri MSrikanth, leamed counsel appearing for the petitioners, leamed Depury Solicitor General of India appearing for the lsr respondent and Sri Bharatiya Sudarshan, leamed Standing C-ounsel for NIRD and PR appearing for the 2"d respondent. l. It is the case of the peritionen that initially, they were aprpointed as Projecr Staff on tenure basis during 1995 and that their tenure was extended from time to time. However, in terms of standing order No.S16 of 2018, dated24.O1.2O1g, the services of the petitioners were sought to be discontinued. In those set of circumstances, the petirioners have approached the Tribunal by filing O.ANo.1144 of 2018. The Tribunal airte inteim order J 1 dated 21.. . 2018 directed the respondents to con:inue the petitio,-re s rr service for a period of six week. Houe zer, when .t I I the mrrtl:r .vas listed on 28.03.2025, leamed co:nsrl for rhe petitiorre: ;tught for time and the Tribunal ha:; r,a:ated the interin, ,rrctr granted on 20.11.2018 without irssigning any reasonri. I k rice, the present writ petition.
4. I-,:irned counsel appearing for the pe:itio'rers had conten,lt i rhat the peririoners are working for more r.lan rhree decade ; : nC if rheir services are discontinued by val , ,f c rl.ptic order, tlret, would be pur ro irreparable loss and rardship. Leame,l co rnsel had funher contended that sirce rleadings were c()n'pl( red before rhe Tribunal, the Tribural c,ughr ro have disposed o:: the main OA iself irutead of vacatinl3 th r interim order. 'l'herefore, appropriate orders be passed ir-r the writ petitior l:r'r;ctting aside the order passed by the 'fribrnal and direct tlie I'rLbunal to dispose of the main O.A
5. I e:rrrred Standing Counsel appearing l:or the 2"d responderrt h,ld contended that the peritioners we:-e a >pointed as a project ;:aff and since the project is over, the qut stion of I l continuing their services does not arise' more so' in view of grant of stay, the Petitioners have continued in service for more than seven pars. The petitioners have not made any attempt for disposal of the case' Therefore' there are no merits in the writ petition and the same is liable to be dismissed' Fhving considered the rival submissions made by the 6. leamed counsel on either side, this C-oun is of the view that in view of the interim order granted bythe Tribunal on 20'11'2018' the petidoners have continued in service and without assigning any reasons' the Tribunal ought not to have vacated the interim order. The Tribunal ought to have decided the main OA itself instead of vacating the interim order' Therefore' the order dated 28.03-2025 passed in O'ANo'1144 of 2018 by the Tribunal is liable to be set aside'
7. Accordingly, the lWrit Petition is allowed by setting asidetheorderdated2S.o3.2o25passedbytheTribunalin o.ANo.ll44of2018.However,therespondentsshallcontinue the petitioners till the disposal of the OA Since the OA penains to the )rear 2018, the Tribunal is directed to dispose of the OA' I T ''I 4 on its mer'rts. N expeditiously as possible. It is neellesr.; to say that the [e..r-n:i counsel appearing for the panies shall r ot seek any funf.e' .rc jrumment on the next date of hearing. No costs. N4st:l[ neous petitions, if any, pending shall strnd closed. SD/. SMT. P. C H. NAG/\BHUSHAMBA r\reurv REGISTRAR , sEc floN oFFlcER ,/ ( //TRUE COPY// i i Delhi-1100(13 'bn"i,i"'i(l: 1 . The Joint S )cr,) .ary ( Irg). The Ministry of Rurat Developnrent' Government of ' rnj]r, no,r: r't't ?2'5dino rrooi ind'ia Habitat Centre Lodhi Road New neral, The National lnstitute of Ru-ral Devr:lopr nent and Z fr|" - prncnavot R;: , (An Orqanisation of the Ministry of Rtrral [)eve lopment 3 One CC to S ' l/ Srikanth, Advocate [OPU-C] ;. o;; cc io sr -';ai Praveen Kumar, Deiruty sci[c1tor General ol'lndia[oPUC] 5. o;; cC io l;l- 3haratiya Sudarshan, SC for NIRD and PR'OP(lCl 6. Two CD (lc ci,:; Gouern,i.,=, t ()l 'ndia), Rajendra Nagar. Hyderabad' To, TJ SS cr?^ I I i HIGH COI..'RT DATED:0ttl04t2025 ORDER WP.No.105^14 of 2025 ALLOWING THE WRIT PETITION WITHOUT C]OSTS 4$*c, >r\s\"f h t 21'tw 6 a . .)^\il -l a, + + r > ?