High Court · 2025

THE HONOURABLE SRI JUSTICE NAGESHBHEEMAPAKA WRIT PETITION NO: 30 396 0F 2017 Between: Dr. Y. Anand Reddy, S/o Narayana Reddy' Aged about 43 Years' Occ vlt"ii"",v--Iir[j-un]''surg"iii'vli"ri"".v iJispe-nsary, Havatnasar Ranga Reddy District. ...PETITIONER AND 1 2 The State of Telangana rep' by its .Principal, Secretary' Animal Husbandry DeDartment, Secretariat, Buildings' HyderaDao' - - Th6 Director of Animat Hl.iililii,:-bi;i" of Telangana, Masab Tank Hyderabad. ...RES'ONDENTS Petition under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith' the High Court may be pleased to issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus by declaring the entire action of the 1st respondent in revising thedateofCommencementofprobationofthepetitionerfroml6.3.1999to 25.7.20OO vide G.O Rt No 482 Animal Husbandry' Dairy Development and Fisheries (AH.1) Department dated 1610-2005 of the lst respondent on the ground of non passing of requisite departmentat test within his probation period is highly illegal, arbitrary, unjust' improper' contrary to various judicial pronouncements of this Hon'ble court including Hon'ble Apex court in the same subject matter decided in SLP (C) No 39037/201 3 'd ated 3 3'2017 between Dr' S. Vijayaraj and others V/s Govt' of A P' and R Venkata Ramudu V/s State of A P' daled 27.9.2016 and consequently to hold that the petitioner herein is entitled for reckoning of his commencement of his probation in the cadre of Veterinary Assistant Surgeon w.e.f ' 16'03"1 999 as was ordered in his regularization proceedings Roc. No' vide Procgs'Roc No'11853/8ll/89/2001' dated 4'2'2004 of .: -. t.i :l the 2nd respc)ndl)nt. without reference to the altered date of ;c mmen cement of pro batio n orderrr:rj vide impugned order in G.O. Rt Nc. 4 32 l,nimal Husband ry, Dairy Develi)pmen and Fisheries (AH.1) Department ,jated 6 'ir.2005 of the 1st respondent in vi;rv of various judicial pronouncements of tiris Hon'ble court includ ing Hcn't e lipex court and further direct the responden..s to consider the case of the pe,titi rrrer for promotron to the post of Assistirnt [.)ir.s61a|. of Animal {)xrsting vacancies while considering the c:rses of others b duly taking intc con sideration of his commencement of orobatiorlru.e.f . 16.3.1 gg o without refer 3nce to the altered commencement of probaticn c r(lered vide G.O Rt. No.482 c atecl 6 1 0.2005 of the 1st respondent with all consr,quential benefits l.A. NO 1 0F 2A17 ry ir ihe Husband v PMP. NO: 37875 oF 2017 Petitiorr r'lnrje' Section 151 CPC praying that in the lircl rrstances stated in the affidav t rilerl in support of the petition, the High Courl m a1, be pleased to direct the resron':J.rrts to consider the case of the petitioner for pomotion to the post of Asst [)rre ctor of Animar Husbandry in the r:xisting vrrcancies whire considering th€, e.;es of others by duly reckoning his cor.n,encement of probation w e f' '€ '] 1ggg without reference to the arteret, co.nmencement of probation ordored \, icle G O. Rt No. 4g2 dated 6.1 0.2005 of tne 1 ,t respondent in view of judgment ,:, the Hon,ble Apex court decided belween D_. S. Vijayaraj & others vs Gov:. ,:tf 1,. p and others as well as by duly extending t.ler sarng [g6gy11 that was extended to his correagues whose seniority is reckc,ned w.e.f their originar date of crorr rr)encement of probation/ regurarization vide :rrocg. Roc. No. 5912rB',rBgr2c.l ' rrated 14'06.2005 0f the 2nd respondent in furtherance of various orders o' Frr>rr'bre Tribunar incruding this Hon,bre cou rt pr,:r ding disposar of the writ petit on Counsel for thr: petiti,rner: SRl. S. SATYANARAYANA RAO, llEp SRI ARVIND KUMAR KATI Counsel for the Reslrondents: Gp FOR SERVICES I The Court made the rc,llowing: ORDER w I I l i 1 I I I ! I I 1 THE HON' BLE SRI JUSTICENAGESIIBHEE WRIT PETITION No.30396 of 2011 ORDER: wp-30396-201'7 NBK, ] KA The petitioner was appointed as Veterinary Assistant Surgeon in the Animal Husbandry Department vide Proceedings issued by the 2nd respondent, dated 28'01'1 999;heassumed charge on 01'03'1999 and his services were regularized with effect from l6'03'1999' It is his grievance that the l't respondent altered his date of comlnencement of probation from 16.03.19 99 to25'07 '2000 on the ground of non-passing of Accounts Test for Executive Offlcers within the probationary period' Aggrieved thereby, the petitioner filed this writ petition' 2. Heard Mr. S' Satyanarayana Rao' learned counsel for the petitioner' and leamed Govemment Pleader for Services' Perused the record' 3. At the hearing, it is represented by the learned counsel that the subject matter is squarely covered by the Order dated 19'12'2019 passed by this Court in W'P'(TR) No'3710 of 2011' 4. A perusal of the Order dated 19'12'2019 passed in W'P'(TR) No.3710 of 2Ol1 would show that it is a case of similarly situated Veterinary Assistant Surgeon who challenged the legality of G.O.Rt.No.514 dated 02'11'2007 before the Administrative Tribunal by filing O.A.No '12173 of 2009' The Tribunal' by Order dated 15'07'2011' set aside the G'O', and allowed the O'A' Further' in a similar case of alteration of probation of certain other Veterinary Assistant Surgeons' the Tribunal allowed O'A'No'4591 of 2007 by Order dated 16'02'2005; and I I l1 2 wp_30396.2017 NAK, J l, tlre W.P.No..ll l?.2 of 2007 filed by the Stare, challenging thr, ()rder passed by tlre Trilrrrn:Ll iLr O.A.No.4 591 of 2007,was dismisse,l by tris Court. 5. This Corr allowed W.P.(TR) No.37l0 of 1,,01j,b1 ,)rder dated 19.12.201!), tt rtseruing as follows: .rribunar "6. T his; Crlurt, having considered the rival submissions nlade by the parties is of the considered view that when once the has set aside G.O.Rt.No.S14, dated OZ.11.2OOl,vide order., dated 15.07.2011, p,assed in O.A.No.12f 73 of 2009, and when in similar circumstan,:es, this Court h confirmed the orders passed hy the th:T::#,ff Tribunar ar owing the o.A s u rseon s c h a r rens in g,r" ];;"l"li, 1, :::l: probation. t'le petitioner si also entifled to reckon his senir>rity in the cadre o' veterinary Assistant surgeon with effecl from

18.10.1998."

6. Thepresenr case beingsimilarto thatofW.p.(TR) Nc.3? l) of2017., this writ petir ion i:r ulso allowed, and the petitioner is entitled k , r.eckoning of his seniorirf iitrr effect from 16.03.1ggg with ari corrsequential benefits. No cc,sts. Miscellaneous petitions pending, if any, .;l all stand closed. That Flule Nisi has been made absolute as above Witness 'IHE ION'BLE THE ACTING CHTEF JUSTTCE SUJOY pAUL, MONDAY, THE I;EVENTEENTH DAY OF MARCH TWO TI.IOUISI\ND AND TWENTY FIVE \ \ //TRUE COPY// SD/.P. PONNA KRISHNA 1S'rANr REG|STRAR SECIION OFFICER Animal The Princi:a I Secretary. Buildings, T.S. FiyderabaiJ. The Dire :ct tr of Animal Hyderaberd. 2 3. One CC to SRI ARVTND K.UMAR KATA, Advocate [OpUr)] 4. Two CCs tc r3p FOR SERVTCES t, High 6udl;; tr.,e Staie r',f Telangana at 5. Two CD Oooier; Hyderabed [OJf] H usband ry, Husbandry Departme-rt Secretariat, State of Telang ana [\rlasab Tank To, 1 B IVI GJP : :--'-:-.*-:-:t:-!-:"j*s.&, ;4. !*!-ii:{!F-;- r.1 -:* : rT-r_-rl,r:_.*x HIGH COURT DATED:1 710,32025 CC TODAY ORDER WP.No.30396,of 2017 #ffi3 14 : 2t.ttr1i lozs z * .,,(! x- .T ALLOWING THE WRIT PETITION WITHOUTCOSTS