The High Court · 2025
Case Details
Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affkCavit fibd therewith, tfle High Court may be pleased to issue Writ, order or orders or direction more particulady one in the nature of writ of mandamus deolaring the action of the respondents in amending the clauses (1) and (3) of Article 371 (D) of the Constitution of lndia with the provisions of minor Act i.e., Section 97 of the Andhra Pradesh State Reorganization Act, 2014 without following the mandatory provisions of Article 368 of the Constitution of lndia and the consequential Telangana Public Employment a (Organization of the Lccal Cadres and Regulations of direct recruitment) Order, 2018 notified in G.S.R.820 (E), dated 29-08-2018 which was adapted by the Telangana Govemment vide G.O.Ms. No. 124 General Administration Department (SPF - MC Department) dated 30-08-2018, consequential amendment issued to the Presidential Order vide G.S.R. No.279 (E) dated 161041202'l notified vide G.O.Ms.No.128 General Administration (SPF-|) Department, dated 30-06-2021 G.O.Ms.No.'t79, Gener;rl Administration (SPF-|) Department, dated O410812021, G.O.Ms. No. 317 General Administration Department SPF -'l Department, dated 06-12-2021 issued by 3rd respondent, Memo No.1'17431112022, dated 25-06-2024 issued by the 4th respc,ndent and Proc.Rc.No.45lGl2O14S9, dated 1647-2025 issued by the sth respondent as void ab initio, arbitrary, illegal, unjust and procedurally and substantively ultra vires and thme is violative of fundamental rights guaranteed under Articles 14, 16,21 and the procedure for amendment of the Constitution under Article 368 and clause (10) of Article 371 (D) of the Constitution of lndia and consequentially strike down the amendment of Article 371 (D), consequential the Telangana Public Employment (Organization of the Local Cadres and Regulations of direct recruitment) Order, 2018, notified in G.S.R.820 (E), dated 29-08-2018 which was adapted by the Telangana Govemment vide G.O.Ms No. t24 General Administration Department (SPF -MC Department) dated 30-(18-20'l B, consequential amendment issued to the Presidential Order vide G.S.R. No.279 (E) dated 1644-202'l notified vide G.O.Ms.No.128 General ,{dministration (SPF-|) Department, dated 30-06-2021, G.O.Ms.No.179, General Administration (SPF-|) Department, dated 04-08-2021 , G.O.Ms. No. 317 General Administration Department SPF -1 Department, dated 06-12-2021 issued by 3'd respondent, Memo No.117431112O22, dated 251O6t2O24 issued by the 4th responrlent and Proc.Rc.No.45lGl2O14S9, dated 1610712025 issued by the Sth respondent. lA NO: 1 OF 2025 Petition under Secticn 151 CPC praying that in the circumstances stated in the affidavit filed in suppo( of the petition, the High Court may be pleased to suspend the amendment to the clause (1) and (3) of Article 371 (D), consequential the Telangana Public Enrployment (Organization of the Local Cadres and Regulations of direct recruitment) Order, 2018, notified in G.S.R.S2O (E), dated I 7 29-08-2018 which was adapted by the Telangana C,ovemrnent vide G.O.Ms. No. 124 General Administration Department (SPF - MC Department) dated 30-08- 2018, consequential amendment issued to the Presidential Order vide G.S.R. No.279 (E) dated 16-04-2021 notifred vide G.O.Ms.No.128 General Administration (SPF-I) Department, dated 30-06-2021, G.O.Ms.No.179, General Administration (SPF-|) Department, dated 04-08-2021, G.O.Ms. No. 317 General Administration Department SPF - 1 Department. da&ed 06-12-2021 issued by 3rd respondent, Memo No. 1174311t2O22, dated 25-06-2024 issued by the 4th respondent and Proc.Rc.No.45 lGl2O14-69, dated 16-07-2025 issued by the Sth respondent or in the altemative, this Hon'ble Court may be p{eased d irect the respondents to continue the petitioner as Senior Assistant at Area Flcspital, Makthal, Narayanpet District by duly suspending the operation of the Proc.Rc.No.45/G/2014{9, dated 16-07-2025 issued by the 5th respondent. lA NO: 2 OF 2025 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 maintain StatusQuo in respect of the petitioner services are concerned as was done in respect of the counterparts of the petitioner in W.P No 20510 of 2025 . Counsel for the Petitioner: SRI A. PHANI BHUSHAN Counsel for the Respondent Nos.1 and 2: MS. L PRANATHI REDDY {ST SC FOR CENTRAL GOVT) Counsel for the Respondent No.3: GP FOR GAD Counsel for the Respondent No.4: GP FOR MEDICAL AND HEALTH Counsel for the Respondent No.5: SRI M.P.K. ADITYA The Court made the following: ORDER /i THE HON'BLE']:HE CHIEF JUSTICE SRI APARESH KT.TMAR SINGH AND THE,IION'BLE SRI JUSTICE G.M.MOIIII'DDIN WIUT PETITION No.21333 of 2025 ORDER: Learned counsel Sri A. Phani Bhushan appears for the petitioner Ms. L.l)ranathi Reddy, learned Senior Standing Counsel for Oentral Government, appears for respondent Nos. 1 and 2
2. This writ petition has been preferred with the following praler: "For the reasons stated in the accompanying alfidavit, i,- is thcrefore humbly prayed that this Hon'ble Court ma5' be plcased to issue Writ, order or orders or direction rnore particularly one in the nature of writ of mandantr:; declaring the action of the respondents in amending the clauses ( I ) and (3) of Article 371(D) of the Constitr-rtirrn of lndia $.ith the provisions of minor Act i.e., Sectron 97 of the Andhra Pradesh State Reorganization Act, 2O l4 withrrut follon"ir-rg thc mandatory provisions of Article 368 of the Corlstitution of [ndia and the consequential Telemgana Public Emplol'ment (Organi zatiotl of the Loca-l Caclrcs alC Rcgulations of dircct recruitment) Ordcr, 20 18 notificd irr G.S.R.82O(E) datcd 29-Oa-2O18 wh ich was 2 adapted by the Telangana Government vidc G.O,Ms.!'{o.124 General Administration Department (SPF - MC Department) dated 3O-O8-2018, consequential amendment issued to the Presidential Order vide G.S.R.No.279 (E) dated 16-04-2021 notifred vide G.O.Ms.No. 128 General Administration (SPF-I) Department, dated 30-O6-2O21 G.O.Ms.No. 179, General Administration (SPF-! Department dated O4-O8-2O2I G.O.Ms.No.3 17 General Administratiou Department SPF- I Department, dated O6-12-2O21 issued by 3'a respondent, Memo No. 11743/l/2O22, dated 25-06-2O24 issued by the 4th responrlent and Proc.Rc.No.45lG 1201449, dated 16-O7- 2025 issued by the $*' respondent as void ab initio, arbitraqr, illegal, unjust and procedurally and substantively ultra vires and the same is violative of fundarnental rights guaranteed under Articles 14, 16,21 and the procedure for amendment of the Constitution under Article 368 and clause (1Ol of Articlc 371 (D) of the Constituti.ron of India and consequcntia-lly strike down the amendrnent of Article 37 I (D), consequentia-l the Telangana Public Employment (Organization of the Local Cadres and RegulaLions of direct recruitment) Order, 2018 notifred in G.S.R.82qE) dated 29- 08-2018 which was adapted by the Telangana Govemment vide G.O.Ms.No. 124 General Administration Department (SPF - MC Department) dated 3O48-2018, consequential amendment issued to the Presiderrtial Order vide G.S.R.No.279 (E) dated 16-04-2021 notified vide G. O. Ms. No. I 28 General Administration (SPF-I) Department, dated 30-06-202 t, G.O.Ms.No. 179 General Administration (SPF-l) Department d,ated O4-O8-2O21, G.O.Ms.Itio.3 17 Genera.l Adrninistration Department (SPF-I) Department, dated 06-12-2021 issued by 3.a respondert Memo No.Ll743lI/2O22 daLed 25-06-2024 issued by the 4th ,f J respondent aIld Proc.Rc.No.45lG 12074-69, dated . 16-07- 2O25 issuerl by the sth respondent and pass such other or further ordt:rs this Hontrle Court may deem ht ald proper in the interr:st of justice."
3. Learned counsel for the petitioner seeks l)ermission to withdraw the writ petition with liberty to the petitioner to file a fresh writ petition along with necessarv pleadings and material supporting the material facts and lnw.
4. In r"iew of the request made, the instant u.rit petition 1S accordingly dismissed as withdrawn with liberty ,as prayed for. I{o'wever, there sha,ll be no order as tc costs. Miscellaneous applications pending, if any, shall I stand closed //TRUE COPY// \ SD/-M. NAGAMANI ISTT\NT REGISTRAR SECTION OFFICER To, 1 2 3 / One CC to Sri A. f)hani,Bhushan, Advocate y (Sr SC fo One CC to Ms. L. f)ranathi Redd r the State of Telangana, at h Court for Two CC to The GF for GAD, Hig Hyderabad[OUT] TRAL GO\/T) IOPUCI Telangana, at Hydc.rabad[OUTI
4. Two CC to The GF for Medical aM Health, High Court for the State of 5. One CC to Sri M.F'}.K. Aditya, Advocate[OPUC] 6. Two CD Copies TJ LS HIGH COURT DATED:221081i025 ORDER WP.No.21333 of 2025 \{E SI IF 1 1M\,1NS \11 l- t, 7 a) l :4 'lr OE S . r'.7 DISMISSED OF THE WRIT PETITION AS WITHDRAWN WITHOUT COSTS \0 (A D \t "r,)
Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affkCavit fibd therewith, tfle High Court may be pleased to issue Writ, order or orders or direction more particulady one in the nature of writ of mandamus deolaring the action of the respondents in amending the clauses (1) and (3) of Article 371 (D) of the Constitution of lndia with the provisions of minor Act i.e., Section 97 of the Andhra Pradesh State Reorganization Act, 2014 without following the mandatory provisions of Article 368 of the Constitution of lndia and the consequential Telangana Public Employment a (Organization of the Lccal Cadres and Regulations of direct recruitment) Order, 2018 notified in G.S.R.820 (E), dated 29-08-2018 which was adapted by the Telangana Govemment vide G.O.Ms. No. 124 General Administration Department (SPF - MC Department) dated 30-08-2018, consequential amendment issued to the Presidential Order vide G.S.R. No.279 (E) dated 161041202'l notified vide G.O.Ms.No.128 General Administration (SPF-|) Department, dated 30-06-2021 G.O.Ms.No.'t79, Gener;rl Administration (SPF-|) Department, dated O410812021, G.O.Ms. No. 317 General Administration Department SPF -'l Department, dated 06-12-2021 issued by 3rd respondent, Memo No.1'17431112022, dated 25-06-2024 issued by the 4th respc,ndent and Proc.Rc.No.45lGl2O14S9, dated 1647-2025 issued by the sth respondent as void ab initio, arbitrary, illegal, unjust and procedurally and substantively ultra vires and thme is violative of fundamental rights guaranteed under Articles 14, 16,21 and the procedure for amendment of the Constitution under Article 368 and clause (10) of Article 371 (D) of the Constitution of lndia and consequentially strike down the amendment of Article 371 (D), consequential the Telangana Public Employment (Organization of the Local Cadres and Regulations of direct recruitment) Order, 2018, notified in G.S.R.820 (E), dated 29-08-2018 which was adapted by the Telangana Govemment vide G.O.Ms No. t24 General Administration Department (SPF -MC Department) dated 30-(18-20'l B, consequential amendment issued to the Presidential Order vide G.S.R. No.279 (E) dated 1644-202'l notified vide G.O.Ms.No.128 General ,{dministration (SPF-|) Department, dated 30-06-2021, G.O.Ms.No.179, General Administration (SPF-|) Department, dated 04-08-2021 , G.O.Ms. No. 317 General Administration Department SPF -1 Department, dated 06-12-2021 issued by 3'd respondent, Memo No.117431112O22, dated 251O6t2O24 issued by the 4th responrlent and Proc.Rc.No.45lGl2O14S9, dated 1610712025 issued by the Sth respondent. lA NO: 1 OF 2025 Petition under Secticn 151 CPC praying that in the circumstances stated in the affidavit filed in suppo( of the petition, the High Court may be pleased to suspend the amendment to the clause (1) and (3) of Article 371 (D), consequential the Telangana Public Enrployment (Organization of the Local Cadres and Regulations of direct recruitment) Order, 2018, notified in G.S.R.S2O (E), dated I 7 29-08-2018 which was adapted by the Telangana C,ovemrnent vide G.O.Ms. No. 124 General Administration Department (SPF - MC Department) dated 30-08- 2018, consequential amendment issued to the Presidential Order vide G.S.R. No.279 (E) dated 16-04-2021 notifred vide G.O.Ms.No.128 General Administration (SPF-I) Department, dated 30-06-2021, G.O.Ms.No.179, General Administration (SPF-|) Department, dated 04-08-2021, G.O.Ms. No. 317 General Administration Department SPF - 1 Department. da&ed 06-12-2021 issued by 3rd respondent, Memo No. 1174311t2O22, dated 25-06-2024 issued by the 4th respondent and Proc.Rc.No.45 lGl2O14-69, dated 16-07-2025 issued by the Sth respondent or in the altemative, this Hon'ble Court may be p{eased d irect the respondents to continue the petitioner as Senior Assistant at Area Flcspital, Makthal, Narayanpet District by duly suspending the operation of the Proc.Rc.No.45/G/2014{9, dated 16-07-2025 issued by the 5th respondent. lA NO: 2 OF 2025 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 maintain StatusQuo in respect of the petitioner services are concerned as was done in respect of the counterparts of the petitioner in W.P No 20510 of 2025 . Counsel for the Petitioner: SRI A. PHANI BHUSHAN Counsel for the Respondent Nos.1 and 2: MS. L PRANATHI REDDY {ST SC FOR CENTRAL GOVT) Counsel for the Respondent No.3: GP FOR GAD Counsel for the Respondent No.4: GP FOR MEDICAL AND HEALTH Counsel for the Respondent No.5: SRI M.P.K. ADITYA The Court made the following: ORDER /i THE HON'BLE']:HE CHIEF JUSTICE SRI APARESH KT.TMAR SINGH AND THE,IION'BLE SRI JUSTICE G.M.MOIIII'DDIN WIUT PETITION No.21333 of 2025 ORDER: Learned counsel Sri A. Phani Bhushan appears for the petitioner Ms. L.l)ranathi Reddy, learned Senior Standing Counsel for Oentral Government, appears for respondent Nos. 1 and 2
2. This writ petition has been preferred with the following praler: "For the reasons stated in the accompanying alfidavit, i,- is thcrefore humbly prayed that this Hon'ble Court ma5' be plcased to issue Writ, order or orders or direction rnore particularly one in the nature of writ of mandantr:; declaring the action of the respondents in amending the clauses ( I ) and (3) of Article 371(D) of the Constitr-rtirrn of lndia $.ith the provisions of minor Act i.e., Sectron 97 of the Andhra Pradesh State Reorganization Act, 2O l4 withrrut follon"ir-rg thc mandatory provisions of Article 368 of the Corlstitution of [ndia and the consequential Telemgana Public Emplol'ment (Organi zatiotl of the Loca-l Caclrcs alC Rcgulations of dircct recruitment) Ordcr, 20 18 notificd irr G.S.R.82O(E) datcd 29-Oa-2O18 wh ich was 2 adapted by the Telangana Government vidc G.O,Ms.!'{o.124 General Administration Department (SPF - MC Department) dated 3O-O8-2018, consequential amendment issued to the Presidential Order vide G.S.R.No.279 (E) dated 16-04-2021 notifred vide G.O.Ms.No. 128 General Administration (SPF-I) Department, dated 30-O6-2O21 G.O.Ms.No. 179, General Administration (SPF-! Department dated O4-O8-2O2I G.O.Ms.No.3 17 General Administratiou Department SPF- I Department, dated O6-12-2O21 issued by 3'a respondent, Memo No. 11743/l/2O22, dated 25-06-2O24 issued by the 4th responrlent and Proc.Rc.No.45lG 1201449, dated 16-O7- 2025 issued by the $*' respondent as void ab initio, arbitraqr, illegal, unjust and procedurally and substantively ultra vires and the same is violative of fundarnental rights guaranteed under Articles 14, 16,21 and the procedure for amendment of the Constitution under Article 368 and clause (1Ol of Articlc 371 (D) of the Constituti.ron of India and consequcntia-lly strike down the amendrnent of Article 37 I (D), consequentia-l the Telangana Public Employment (Organization of the Local Cadres and RegulaLions of direct recruitment) Order, 2018 notifred in G.S.R.82qE) dated 29- 08-2018 which was adapted by the Telangana Govemment vide G.O.Ms.No. 124 General Administration Department (SPF - MC Department) dated 3O48-2018, consequential amendment issued to the Presiderrtial Order vide G.S.R.No.279 (E) dated 16-04-2021 notified vide G. O. Ms. No. I 28 General Administration (SPF-I) Department, dated 30-06-202 t, G.O.Ms.No. 179 General Administration (SPF-l) Department d,ated O4-O8-2O21, G.O.Ms.Itio.3 17 Genera.l Adrninistration Department (SPF-I) Department, dated 06-12-2021 issued by 3.a respondert Memo No.Ll743lI/2O22 daLed 25-06-2024 issued by the 4th ,f J respondent aIld Proc.Rc.No.45lG 12074-69, dated . 16-07- 2O25 issuerl by the sth respondent and pass such other or further ordt:rs this Hontrle Court may deem ht ald proper in the interr:st of justice."
3. Learned counsel for the petitioner seeks l)ermission to withdraw the writ petition with liberty to the petitioner to file a fresh writ petition along with necessarv pleadings and material supporting the material facts and lnw.
4. In r"iew of the request made, the instant u.rit petition 1S accordingly dismissed as withdrawn with liberty ,as prayed for. I{o'wever, there sha,ll be no order as tc costs. Miscellaneous applications pending, if any, shall I stand closed //TRUE COPY// \ SD/-M. NAGAMANI ISTT\NT REGISTRAR SECTION OFFICER To, 1 2 3 / One CC to Sri A. f)hani,Bhushan, Advocate y (Sr SC fo One CC to Ms. L. f)ranathi Redd r the State of Telangana, at h Court for Two CC to The GF for GAD, Hig Hyderabad[OUT] TRAL GO\/T) IOPUCI Telangana, at Hydc.rabad[OUTI
4. Two CC to The GF for Medical aM Health, High Court for the State of 5. One CC to Sri M.F'}.K. Aditya, Advocate[OPUC] 6. Two CD Copies TJ LS HIGH COURT DATED:221081i025 ORDER WP.No.21333 of 2025 \{E SI IF 1 1M\,1NS \11 l- t, 7 a) l :4 'lr OE S . r'.7 DISMISSED OF THE WRIT PETITION AS WITHDRAWN WITHOUT COSTS \0 (A D \t "r,)