High Court · 2025

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY SEVENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION NO: 20299 OF 2019 Between: Dr. Md. Fiaz Ahmed, S/o Late Mohd. Yousuf Ali, Aged about 79 years, Deputy Directo(D.D) (Retired), R/o 8-1-21189, Suryanagar Colony, Tolichowki, Hyderabad. .....PETITIONER AND

1. The State of Telangana, Rept. by its Principal Secretary Animal Husbandry, Dairy Development and Fisheries (DY and VIG) Department, Secretariat, Hyderabad.

2. The T.S. Dairy Development Cooperative Federation Ltd., Lalapet, Hyderabad. Rep.by its Managing Director

3. The Joint Director, T.S. Dairy Development Cooperative Federation Ltd Medak, Nizamabad, Malk Shed at Nizamabad.

4. The Deputy Director 1, (Dairy Development) T S Dairy Development Cooperative Federation Ltd Karimnagar, Adilabad Milk Shed, at Karimnagar.

5. The Karimnagar Dairy, rep.by its Manager, T.S. Dairy Development Cooperative Federation Ltd At Karimnagar. ..RESPONDENTS Petition Under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the H(;h Court may be pleased to issue a Writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the respondents 2 to 5 in not effecting the notional promotion as General Manager and not paying the time scale attached to the post and arrears of increments. retirement benefits as well as the pensionery benefits illegal arbitrary, null and void and consequently, direct the respondents while effecting the Notional promotion as General Manager and regulate his pay scale and disburse the arrears of increments, retirement benefits as well as pensionary benefits. !.A.NO:1 OF 2019 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 to consider the petitioner case for effecting the Notional promotion as General Manager and regulate his pay scale and disburse the arrears of increments, retirement benefits as well as pensionary benefits forthwith pending finalization of the writ petition. Counsel for the Petitioner : SRI J.KANAKAIAH counselfor the Respondent No.i : Gp FoR sERvlcES - lll counsel for the Respondent Nos.2 to 4 : sRl PALLE SRIHARINATH The Court made the following ORDER '+ {F f '+ 4 f {r t f i + t; + 4i !.;. * 1 w9_20299-2OL9 NAK, J THE IION'BLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION No.20299 of 2019 ORDER: The petitioner was appointed as Veterinary Assistant Surgeon in the Animal Husbandry Department in 1965 and was transferred to the respondent-Dairy Development Cooperative Federation Ltd. It is stated that he availed Study Leave in 1981 and also had fallen ill due to which he availed leave and reported for duties after recovering. The Department initiated disciplinary proceedings on the charges of overstay of leave and absence from duty, ild issued Charge Memo on24.12.1985. In the enquiry proceedings that ensued, it is stated that the enquiry olficer submitted a report on 10.01.1986 holding that the charges are not proved. The petitioner was thereafter given posting orders on 24.1 l. 1986 and the absence of 2056 days was treated as Extraordinary Leave. The petitioner again fell ill due to heart ailment and availed leave and report for duties after recovering, and the Managing Director having not satisfied with medical certificates subrniued by the petitioner initiated departmental enquiry and the enquiry officer submiued report with regard to the genuineness of the claim of the petitioner, however, ttre petitioner was demoted to Manager Grade-l flrom Deputy Director. On appeal before the Board, the detnotiort order was quashed and the petitioner's grade was restored as Deputy Director with retrospective effect, by order dated I 1.06.2012. The petitioner retired from service in 1998. It is his grievance that the respondent-authorities have not regularized his service by effecting the notional prorrrotion as General Manager along with attached time-scale and have not released the entire retirement benefits with pensionary benefits. \ i t l l i I ! i i i ! I e Tt T , I I I I I I I I I I I I i I I l t I 2 wp_20299_2019 NBK, J

2. Heard Mr. J. Kanakaiah, leamed counsel for the petitioner; and the learned Government Pleader for Services-Ill. Perused the record. Leamed counsel for the petitioner, while making submissions in line

3. with the writ affidavit, contends that the respondent authorities have not implemented the order passed by the Board, dated 11.06.2012, and the petitioner ought to have been given notional promotion and the petitioner has been approaching the authorities for notional promotion but no action has been taken by the authorities yet. Learned Government Pleader, by referring to paragraph l l of the 4. counter affidavit, contends that a minimum of three years of service in the capacity of Deputy Director is required for promotion as General Manager, and the petitioner has been on Extraordinary Leave for most of the service period. It is contended that the petitioner retired in 1998, and he filed this writ petition after a lapse of 2l years, seeking notional promotion to the cadre of General Manager and releasing terminal benefits as per General Manager cadre. [t is further contended that the writ petition is liable to be dismissed fbr delay and laches.

5. Having considered the respective submissions andperused the record, it is to be noted that the punishment of demotion to Manager Grade-l was apparently set aside by the Board in the year2012 by restoring the petitioner to the grade of Deputy Director. It is the specific contention of the respondent-authorities that a minimum three years of service has to be rendered in the capacity of Deputy Director for consideration to the post of General Manager and that the petitioner has been on Extraordinary Leave fbr most of the time. Further, even as per the Reply Affidavit, the petitioner was on lgave from 08.04. 198 I to 23.1 1.1986 and his leave was regul arized as Ex'tiaordinary Leave on medical grounds. It is to be noted that increment 3 wp_20299_2019 NBK, J is earned by rendering a full year of service and merely regularizing the period of absence by granting Extraordinary Leave does not entitle an individual for increment.

6. Be that as it may, the petitioner retired in 199g. The Board passed an order in 2012 restoring the petitioner to his original grade of Depury Director, albeit with retrospective benefits. The writ petition was filed in 2019' Except for the averment that the petitioner had been requesring the authorities, there is no plausible explanation as to what prevented him from approaching this Court during these seven years, nor any justification for the delay in filing this writ petition. 7' At this juncture, it is relevant to note that the Hon'ble Division Bench of this court in w.A.No.r660 of 201g and 593 of 2016, referred to the judgment of Hon'ble Full Bench of this court in p.v.Narayana vs. APSRTC, Hyderabadr wherein it was held that a delay of 5 to Ig years in filing the writ petition constitutes an inordinate deray. 8. In the instant case, there is unexplained delay ofl seven years in seeking relief under the writ jurisdiction of this Court, and the delay bei,g inordinate, the writ petition is liable to be dismissed for laches. 9' Accordingly, the writ petition is dismissed. No costs. Miscellaneous petitions, pending if any, shalt stand closed. 1 2013 SCC OnLine AP 729 t 1 I ) h. To SA //TRUE COPY'/ SD/-M. JAWAHAR REDDY ASSISTANT REGISTRAR 6 SECTION OFFICER

1. Two CCs to GP FOR SERVICES-II!, High Court for the State of Telangana at Hyderabad TOUTJ

2. One CC to SRI J.KANAKAIAH, Advocate [OPUC] 3. One CC to SRI PALLE SRIHARINATH, Advocate (OPUC) 4. Two CD Copies d { / HIGH COURT DATED:2710612025 ORDER WP.No .20299 of 2019 ':, i i'.; S i,1 ri o t) $ 3 [iC 76?$ (-i * .SPr^. ICt:t D ISMISSING THE W.P WITHOUT COSTS. l+ !I .:+ * :il # f f i + * '+ * 7r #. f + & + :i iif * il, t. i '1,ll I Il+[r*t t ,l ,i, :i l' t i: i'f * ,t i I I ii'+!+ I