R. Eliazer v. '1 . The State of Telangana
Case Details
Acts & Sections
Petition under section '15'l cpc praying that in the circumstances stated rn the affidavit filed in support of the petition, the High court may be pleased to suspend the impugned order dated 15-07 2O1g in proceedings No. Rc.No.769/c2lI'Ar5l201g along with its previous connected impugned orders by directing the respondents to alow pension and pensionary benefits as regular Junior college lecturer along with all consequential benefits pending this writ petition. |.A.NO:1 OF 2020 Petition under Section I5l cpc praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to permit the petitioners to carry out aforementioned amendments i.e, (a) delete the words'59 years' in body of the affidavit and'54 years'in the writ petition and the said words may be substituted with .60 years'. (b) delete the words 'principal, Govt. Junior college, t\,4edchal, RR Dist'and substitute with principal, Govt. Junior College, BHEL, RR Dist' in para 3i (b) of the affidavit. Counsel for the Petitioner : SRt K.LAKSHMANA CHARY Counsel forthe Respondents : Gp FOR SERVICES - l The Court made the following ORDER THE IION'BLE SRI JUSTICE ABHIHAND KUMAR SHAVILI AND THE HON'BLE SMT. JUSTICE TIRUMALA DEVI EADA Writ Petition No.2378 3 of2O19 ORDER: tet the t lon ble Sn.Jusuce Abhnand Kumar Shauili) Aggrieved by the proceedings, dated IS.O7.2olg passed by the Regional Joint Director of Intermediate Education in directing the Principal, Government Junior College, Medchal, Ranga Reddy District to hx the pay of the petitioner in the rninimum time scale of pay, the present Writ Petition is filed.
2. Heard Sri K. Lakshmana Chary, learned counsel appearing lor the petitioner and learned Government Pleader appearing for the respondents.
3. Learned counsel appearing for the petitioner had contended that the petitioner was initially appointed AS Part time Junior Lecturer during l9g7 and his services were regularised vide G.O.Ms.No.170, dated 05.12.2000. However, the regularisation orders were carrcelled vide proceedings, dated 26.06.2OL3. ) ) 2 4 Challenging the cancellation of regularisation order dated 26.06.2013, the petitioner has approached the Tribunal by liling O.A.No.5209 of 2OI4 and the Tribunal was pleased to dismiss the subject O.A. vide order, dated
29.O4.2016 with an obsen,ation that the respondents were justihed in cancelling the regularisation orders. Aggrieved by the same, the petitioner h.. p."f".r.d W.P.No.27 787 ot 20 16. During the pendency of the said Writ petition, the petitioner has attained. t he age of superannuation on
31.01.2018 and refired lrom service. The issue is in respect of settlement o1' his pensionary benefits, admittedly, the petitioner has worked as part Time AS l,ecturer from 1987 until his retirement on 31.01.2018 Therefore, appropriate orders be passed in the Writ Petition by directing the respondents to pay the service benefits for the period during which the petitioner has rendered his services as a l.ecturer.
5. Learned Government Pleader appearing for the respondents had contended that the Regional Joint Director of Intermediate Education, Warangal has issued _/ 3 proceedings on 15.07.2019, directing the Principal, Government Junior College to hx the pay of the petitioner in the minimum time scale of pay, as admittedly, the services of the petitioner was not regularised. Learned Government Pleader had further contended that if the petitioner submits an application, his case would be examined and appropriate orders would be passed by I \ fixing his pay in the minimum time scale of pay and he would be given service benefits for the serrices he has rendered. \ I
6. This Court, having considered the submissions made by both the parties, is of the view that the Writ Petition can be disposed of directing the petitioner to submit a fresh representation to the respondents seeking service benehts for the period he has rendered his service as Lecturer with the respondents, as admittedly, the petitioner has rendered his services from 08.07. 1987 to 3 1'O 1.2018. Upon receiving such representation, the respondents shall examine the case and Iix the pay of the petitioner in the .-- 4 minimum time scale of pa1. of Lecturer and release all the service benehts to which the petitioner is entitled to
7. With the above observations/directions, the Writ Petition is disposed of. No order as to costs.
8. As a sequel, miscell:rneous applications pending if any, shall stand closed SD/. A. SRINIVASA REDDY ASS ]STANT REGISTRAR //TRUE COPY// To SECTION OFFICER ,l
1. The Principal Secretary, Education Department, (Higher Education) Secretariai Buildings, State of Telangana at Hyderabad' Telangana' 2. ihe Director of lntermediate Education, Telangana State, Hyderabad. 5. Trre Regional Joint Director of lntermediate Education, Warangal relangana +. in" printipal, Govt. Jr. College. Medchal, R R District at Hyderabad' S. tfre erincipat, Covt. Jr. College, BHEL, R' R Districl at Hyderabad' 6. Two CCs io GP FOR SERVICES-|, High Court for the State of Telangana at State, HYderabad. Hyderabad. [OUT] t. One CC to SRI K.LAKSHMANA CHARY, Advocate [OPUC] 8. Two CD CoPies SA GJP I HIGH COURT DATED:1 910312025 ORDER WP.No.23783 of 2049 o() f:o * ?.ot HT sE T4 '( 2 4 luL ?M5 (,i(' ')llnurF? DISPOSING OF THE W.P WITHOUT COSTS. I o