The High Court · 2025

Petition under Article 226 of the Constitution of ln i a praying that in the circumstances stated in the affidavit filed therewith, th,l High Court may be pleased to issue a Writ, Order, or Direction, more particull rly in the nature of a Writ of Mandamus under Article 226 of the Constitulion t i lndia, declaring the action of the respondents in not re- engaging/reinstatirr , the petitioners into service as Mllage Revenue Assistants and consequentil y not appointing the petitioners as Junior Assistants/ Record Assistants in tr:t ns of G.O.Ms.No.81, Revenue (Service ll) Department, dated 24.o7.2023, as wr:l as not appointing the petitioners as Grama Palana Officers (GPO) in terms of G ).Rt.No.129' Revenue (Service ll) Depa(ment, dated 29.03.2025, as arbitrary llegal, discriminatory, mala fide, and unconstitutional, violating Articles 14.16 anc 21 ol the Constitution of lndia.apart from being subversive of the Rule rr Law, and to issue consequential directions directing the responden:: to forthwith re- engage/reinstate the petitioners as Junior Assistants/Re( ( .d Assistants in terms of G.O.Ms.No.81, Revenue (Service ll) Department, I ired 24.07.2023, and consequentially consider the case of the petitioners for apl sintment to the post of Grama Palana Officers (GPO) in the terms of G-O.Rt.Nc. 29, Revenue (Service ll) Department, dated 29.03.2025, after following the pr,: cribed procedure with effect frorn the date of appointment of other ex-Village Revenue Assistants, with all consequential benefits including seniority, taking into account the Proceedings No.CCLAs.Ref.No.Ser.V(1/3030824125, datd 08.05.2025, issued by the 2nd respondent. lA NO: 1 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 forthwith direct the respondents to re-engage/reinstate the petitioners as Village Revenue Assistants and consequentially appoint the petitioners as Junior Assistants/Record Assistants in terms of G.O.Ms.No.81, Revenue (Service ll) Department, dated 24.07.2023, and further appoint them as Grama Palana Officers (GPO) in terms of G-O.Rt.No.129, Revenue (Service ll) Department, daled 29.03.2025, after following the prescribed procedure, takingi into account the Proceedings No.CCLAs-Ref . No.Ser.V('1)/ 3030824125, dated 08'05.2025, issued by the 2nd respondent, pending disposal of the Writ Petition. Counsel for the Petitioners: SRI P.V.KRISHNAIAH Counsel for the Respondents: GP FOR SERVICES I The Court made the following: ORDER '.-.-\ l i I I l THE HON:BLE SRI WSTICE PT'LLA KIi TTHIK WRIT PETITION No.27882 OF 202A ORDER: Heard Sri P.V.Krish:raiah, learned counsel fc - the petitioner and leamed Government Pleader for Services-l for I e respondents'

2. The present Writ Petition is filed seeking e direction to the respondents to re-engage/reinstate the petitioner t into service as Village Revenue Assistants and, consequentialll', Lppoint them as 'Assistants/Record Assistants in terms c G'O'Ms No'81 , iunior Revenue (Service II) Department, dated 24-07.2( 23, and also to consider them for appointment as Grama Palana Offrcers (Functional Post Oflicers) in terms of G.O.RI lio.l2g, Revenue (Service II) Department, dated 29.O3.2025.

3. Admittedly, the petitioners earlier approac'r :d this Court by frling W.P.No.3l727 of 2023 seeking similar reti: . This Court, by order dated 22.OL.2O25, disposed of the said Wr t Petition with a direction to the respondents to consider the cast rf the petitioners and take an appropriate decision regarding their re-engagement, in accordance wit]l law.

4. Instead of availing the remedY of irLr -rating contemPt proceedings for alleged non-compliance of thi said order, the 2 wp27ffi22025 petitioners have chosen to frle the present Writ Petition- The justification offered for doing so is found in paragt'aph lO of the affrdavit liled in support of the Writ Petition, which reads as follows: "1O. I respectfutly submit that admittedty the Hon'ble ContemPt Court has power only to punish the resPondents for not implementing the judgment of this Hon'ble Court or for violating the d.irections issued by this Hon'ble Court, but the ContemPt Court does not have any power to issue drrections excePt entertaining the contempt case and imposing Punishment under t]le Contempt of Courts Act, ard therefore to seek appropriate directions in pursuance of the judgment rendered by this Hon'ble Court, inasmuch as at the time of iermination of the petitioners G.O-Ms.No.8l, Revenue (Service II) Department, dated 24.07 .2023' was not in existence and similarly G O.Rt.No.129, Revenue (Service II) Department, dated 29.03.2025, was also not in existence, and therefore there was no occasion for the petitioners to bring the aforesaid G-Os and seek further directions to aPpoint the petitioners In terms of G.O.Ms.No-81, Revenue (Service II) DePartment, dated 24-07.2023, as well as G.O.RJ No-129. Revenue (Service II) Department, dated' 29.O3.2O25/Therefore, looking from any angle of tt C c."", it is appropriate to approach this Hon ble Court se€king rellets as sought in the present writ Petition to enforce the fundamental rights of the petrtioners under Articles 14, 16, and 2l of the Constitution of India as well as the legal rights accrued to the petitioners by virtue of G.O Ms.No81, Revenue (Service II) bepartment, d.ated 24-o7.2023, and O O Rt-No. 129- Revenue (Scrvice II) Department, dated 29.03.2025. Therefore, Ieft with no other the petitioners are compelled to approach this Hon ble ait -itiu., Court by invoking jurisdrction under Articte 226 of the Constitution of India.'

5. From the above, it is evident that the petitioners seek to justify the filing of the present Writ Petition on the ground that the Contempt Court lacks the power to issue directions and can only punish for disobedience. They also contend that G'O'Ms'No'8l dated. 24.07.2O23 and G.O.Rt.No. 129 dated 29.03.2o25 came into existence after the disposal of the earlier Writ Petition, and therefore, a fresh writ is maintainable. However, this Court is of 1 1 I 3 PK,J wp 27a82)O25 the view that t]le present Writ Petition is barred by t].e principlt'of res judicdta. Once a matter has already been hearc and decided by this Court, t.lle same issue cannot be raised ,1 lain in a fresh petition merely by citing new developments which ;ould have been brought to the notice of the authoritirs iir the earl:r r round.

6. This Court finds the said reasoning to b r untenable. The relief sought in the present Writ Petition remains ubstantially the same as in.the earlier Writ Petition. The proper co rrse would have been to seek implementation of the prior orrl :r or bring the subsequent developmentB to the notice of the res: rndent authorit5r t / I I in that context. Further,.it is settled law that successivc Writ j |-: '. :. ..i .' - . '' 'i , :-. Petitions seeking substantially the same relief, u i hout exhausting the remedies available under. the previous order, are not maintainable. The writ jurisdiction under Articl, 226 calnot be invoked repeatedly on the sarne cause of ;r tion mercly by projecting subsequent developments, particu r rly when such developments could have been brought to tt e notice of the competent authority in compliance proceedings.

7. In view of the above, this Court is of the ccr sidered view that the present Writ Petition is not maintainable z,; d is liable to be dismissed. 4 PIi, wp 27442-2O2-t

8. Accordingly, this Writ Petition is dismissed as not maintainable. However, the petitioners are at liberty to pursue appropriate remedy, as available under law, including enforcement of the order dated 22.01.2025 in W.P.No.31)'27 of 2O23, if so arivised. Miscellaneous petitions pending, if any, shall stand closed There shall be no order as to costs. Sd/.S.MALLIKARJUNA RAO ASSISTANT REGISTRAR 6 SECTION OFF'CER //TRUE COPY// I To 1 2 Hyderabad. [OUT] . One CC to SRI P.V.KRISHNAIAH Advocate [OPUC] . Two CCs to GP FOR SERVICES-|, High Court for the State of Telangana, at . Two CD Copies 3. PSK. PMK .PAq, l i I I ; I i HIGH COURT DATED:1810912025 ORDER WP.No.27882 of 2025 'o (J I * rfi{h i ; t {r 5 il 2ilri .,' .{' ,/ ,l pal ( I l.-!' -1" DISMISSING THE WRIT PETITION WITHOUT COSTS @e^. ,-u\>\>6