The High Court · 2025

C. Pavan Kumar, S/o.Late Shri Niranjan, Age: 39 Superintendent DGP Office, R/o.H.No.3-7-40, Mansoorabad, L.B.Nagar, Hyderabad. years, Occ: Office Sainagar Colony, ...FETITIONER AND '1 . The State of Telangana, Rep.by its Principal Secretary, Home Department, Secretariat at BRK Bhavan, Hyderabad. 2. The Director General of Police, Lakdikapul, Hyderabad. f ...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 an appropriate writ order or direction more particularly one in ihe nature of Writ of Mandamus by calling for the records relating to and connected with proceedings No. 420iME .212021, dt.28-1o-2o2',1 and set aside the same and declare that the action of the Respondents in not regularizing petitioners services with effect from the date of his appointment i.e., 12-07 -2OOO as wholly illegal, arbitrary, unconstitutional and violative of Article 14,16 and 21 of Consfitution of lndia and consequently direct the Respondents to regularize his services with effect from 12-07 -2000 as Junior Assistant and accordingly grant me all consequential service benefits in the further catjegories of Senior Assistant, Office Superintendent etc.,by taking into consideration of appointment as Junior Assistant with affect trom 12-O7 -2000 in the interest of justice. 1A NO: 1 OF 2021 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 suspend the impugned proceedings No. 420lME.2 12021 , d1.28-10-2021 and direct the respondent to reconsider the case for regularization as Junior , Assistant with affect from 12-07-2000 based on G.O.Ms.No.60, dt.11-02-1997 pending disposal of ithe main Writ Petition. Counsel for#te Peritioner: SRI PRATAP NARAYAN SANGHI, SR. COUNSEL REp. FoRSRT AVADESH NARAyAN SANGHI r'd'' Counsel for the Respondents: SRI M.V. RAMA RAO (SPL. GOVERNMENT PLEADER) / GP FOR HOME The Court made the following: ORDER a ,,J*IB Hd{,BLE sRI JUSTICE PULLA KARTHIK WRIT PETITION No.3O5l6 of 2O2l ORDER: This Writ Petition is hled seeking to declare the action of the respondents in not regularizing Lhe services of the petitioner with effect from the date of his appointment i.e., I2.O7 2OOO as illegal, arbitrary, unconstitutional and in violation of Articles 14, 16 and 21 of the Constitution of India, and to set aside the impugned rejection order vide proceedings No.42O /MD.2 /2O21 dated 28.10.2021. ''

2. Heard Sri Pratap Narayan Sanghi, learned Senior Counsel, representing Sri Avadesh Narayan Sanghi, learned dunsel for the petitioner and learned Government Pleader for Services (Home), appearing on beha,lf of respondent Nos. 1 and 2.

3. Learned Senior Counsel for the petitioner submits that the subject matter in the present writ petition is squarely covered by the adjudication of a Division Bench of this Court in the order dated 17 .7O.2O24 in W.P.No.29164 of 2010, whereby, the Division Bench has dismissed the said writ petition, conlirming the orders of the erstwhile Andhra Pradesh Administrative Tribunal (for short, 'the Tribunal') dated 22.O3.2O7O in O.A.No.31 12 of 2OO8. Therefore, the learned Senior Counsel prays this Court to pass a similar order in the present writ petition, directing the 2 PK, J W.P No.30516 of 2021 -t? 1l respondents to regularize the services of the petitioner w' e f , L2'07 '2OOO duly setting asid,: the impugned proceedings dated 28 10 2O 2 1 '

4. The above made submissions are not seriously dir;1:uted by the learned GovernrrLent Pleader appearing on behalf of the rcspor-rdents.

5. The operati'/o portion of the order dated 22 'O3 '20 1O passed by the Tribunal in O.A.l\tr,l.3112 of 2OO8 is extracted hereunder: ln these ciratmstances, the respondents are d[rected "11. to reguiaise the seruices of the ctpplicont from tl'Le date of h.is- oigiiat appointment i.e. from 03.06.2000 tuith all consequehtial beiefits; like senioity, iftcrements etc., bg settinl1 aside proceea'irtgs in Rc.No.515/ C.O.Estt.I/ 1999, dated lil j 2OO7 -ond Prctc.C.O.O.No.O7/ 2006, C.No.515/ C.O.Estt.I/ 1999' dated 7.2.20Ct6 and atso Proc.C.O.O.No.292/2007, C.No.515/CO/ Estt.l-gg, dated 21.6.2007 issued by the Direct* Gen eral of Police, ,\.P., Hgderabad. Tle respondents shall pass netessary orders in this respect u.tithin a peiod of 8 Lueeks from tlte date of receipt of this order. 12. Accordinglg, the O.A. is allowed." It is also relevant to refer to the order of the Division Bench of this 6. Court dated l''7.L0.2024 passed in W.P.No 29 164 of 2l10, which is extracted hereuncler: Hauing considered the iual submissions made by the "6. learnect. Couns€l on either side, this Court is of the uiett that in the appc,intment of the 1* respondent, condition was irnposed that h'z should. ocquire tlrc Educationat/ Tg7'eutriting quatification u-tithin fiue gears and the 7s respondent has acqu.irea the graduation qualification on 18.12 2O0<:, which Lt.,ould. nrcan tlTat the 7! respondent has cornplied '.t ith the conditior, imposed on lim bg 18.12.20O4. ThereJbre, the Tibunnl has ightlg allotued the OA in fctuour of the 1"t I 3 PK, J W.P.No.3O516 of 2O21 i, .t respondent as G.O.Ms.No.6O, dated 11.O2.1997 LUas preuailing uhen the l.t respondent tuas appointed and *E subsequent amendment made in G.O.Ms.No.151, dated 22.O6.2OO4 has no application to the case of the l respondent. Hence, this Court is not inclined to interfere u.tith the order passed bg the Tibunal. 7. Accordingly, the Writ Petition is dismissed. -l{o cosls. "

7. Having regard to the submissions made by the learned counsel for the respective parties and for the reasons alike in the order dated

17.70.2024 passed by the Division Bench of this Court in W.P.No.29164 of 2O7O, th-e Writ Petition is allowed setting aside the impugned proceedings in Rc.No.420l MF,.2/2021 dated 28.70.202 1 issued by ..spo.rde.t No.2, and the respondents are directed to regularize the services of the petitioner in the cadre. of Junior Assistant from the date of his iqitial appointment i.e., 12.07.2OO0, with a1l consequential benefits. Miscellaneous applications, if any, pending in this writ petition, shall stand closed. No costs. //TRUE COPY// SD/. MOHD. ISMAIL ASSI T NT REGISTRAR CT]ON OFFICER The Principal !fqt"I?ry, Home Department, The State of Telangana, Secretariat at BRK Bhavan, Hyderabad. The Director General of Police, Lakdikapul, Hyderabad. One CC to SRIAVADESH l!{E{Y rySANqHt, Advocate tOpUCI Two CCs to SRI M.V. RAMA RAO (SPL. GOVERNTMENT PLEADER), High Court for the State of Telangana. [OUT] Two CCs to GP FOR HOME, High Court for the State of Telangana. [OUTJ Two CD Copies BN To,

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5. 6. 6 HIGH COURT PK,J .4^'' DATED:2110212025 ORDER WP.No.30516 of 2021 .1,,.'r riL s14 ,6 C ')' 17 ilrR 2025 o ). .\, \ t'rsprrctr J o ALLOWING THE WRIT PETITION WITHOUT COSTS g)r'ru ,L{ 1\