T. Abdul Hakeem v. 1. State of Telangana

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 a Writ/ Direction/ Order more particularly one in the nature of a WRIT OF MANDAMUS, by declaring Letter No. AB/A1/268lvl daled 1510612022 issued by Respondents as arbitrary, illegal and set aside the same and consequently direct the Respondents to pay arrears of salary, pensionary benefits, gratuity, Contributory Provident Fund, Group Provident Fund, arrears of pension and pension to the Petitioner. Counsel for the Petitioner : SRI THOMAS GEORGE Counsel for the Respondents : GP FOR lRRl AND COMM AREA DEVELOPMENT The Court made the following ORDER HON'BLE MRS JUSTICE SUREPALLI NANDA WRIT PETITION No .469L9 of 2022 ORDER: Heard Sri lhomas George, learned counsel apprearing on behalf of the petitioner and learned r{ssistant Government P eader for Irrigation & Commancl Area Development Department, appearing on behalf of respon dents.

2. The oetitio ner filed the writ p IOn See kins--!Xc followinq relief \... to issr-rrl ir Writ/Direction/ Order more particularly or e in the nirtu ,: of a WRIT OF MANDAMUS, by declaring Letter Nc t\B/Al/268M, dated 75/06/2022 issue:d ty Respondr:ntr as arbitrary, illegal and set aside the s,lrr e and conseqr :ntly direct the Respondents to pay a'T:als of salarv, r,ensionary benefits, gratuity, Contrihutor y Providen- r'r rd, Group Provident Fund, arrears of pensicn and pensior' -o the Petitioner and or to pass ...".

3. The cast: o the petitioner in brief, is that the pet tic;ner is a senior citizen, at ed about 64 years, and had earlier wc'rked as Fitter, Grade II [r NSLC Division, Miryalguda, NalgonrJa District for almost 20 t t:ars and the services of the petilirln,,:r were terminated abrL ptly, arbitrarily and illegally on 2',7.17.1997 { 2 petitioner filed O.A. without issuing any wP 46ere;l'ii pensionary benefits to the petitioner. The No. 1309 of 1998 in Administrative Tribunal challenging the termination of the petitioner, whereby, the Hon'ble Administrative Tribunal dismissed the O.A. No.1309/1998, but gave liberty to file an appeat. The petitioner filed an appeal against the said order, but appellate authority did not dispose the appear preferred by the petitioner. In the meanwhile, the respondents rejected the relief for pensionary benefits in the month of )une, 2022. the petitioner received a Letter Number AF,/AI/268 M dated 15.06.2022 informing the petitioner that the petitioner was removed from service without considering the Terugu representation dated 01.06.2022 of the petitioner. Aggrieved thereby the petitioner approached the Court by filing the present writ petition.

4. PER ED HE RE RD Th o 8 a fr ioation 5 .20 L tter N B 1 Ex u e n e r rvts on o.2, Mirvalq uda 508 2o7, Nal qonda r t d e e ln s xtr cte und er: J SN, J w' 161)t9 2022 GOVERNMENT OF TELANGANA IRRIGATION & CAD DEPARTMENT From Sri G. Karunakar, lJ.Tech., Executive Eng in -.e r', Irrigation Divis ir>r- \o.2, Miryalguda--5CB:107 Nalgonda Dis;tr i(:: Let_tcr:_Na- AI1? I 268 N4 " Gentle rn e r To Sri Abdul Ha keem, Thottoli House, Ma kka ra Parmba Post lvlalappuram Dist-671;5r.)7 Kerala State. Dt: 1

2022. Sub:- Rr:pr )sentation of Sri T.Abdul Hakeem S/o T.KJtti Hassan, Fi-te' Gr-11 for sanctioning pensionery benefit:; - Reg. Ref: - 1. \o Ir representation Dt: Nil received in this cffi .:e on 01- 06-2 )22. :1,S;Er JSLC O&l'4 Circle, Miryalaguda Men o. Nc. \,VCE/ E3l 50:;,/ )s/Vol.III/6089M Dt: 27.tt.t997. i. Yor representation addressed to CE, N.S. Project, Hill cc lor y During L2/1998. I am to infr "m that you have represented this office to sanction medical leave ,arrc pensionary benefits for you vide reference 1't cited. After verificatiorr rl'records in respect of you in this office it ls found that you have left rob for alternative employment possibly oLtside the country and r- r ia tthorized absence since 20.05.1994 therefore you have been rerrrc,,r lri from service with effect from 20.05..Lgrgz. and not eligible for any ter rninal benefits vide reference 2nd cited. Further, il ii to inform you that you have approacherl tr> Andhra Pradesh Adm r is.rative Tribunal at Hyderabad and fi ed O.A No.1309/1998 to jeclare the action of the respondent (Superlntending Engineer, NSLCI C it\4 Circle, Miryalaguda) in removing you f -orr service as Fitter Gr.II is b : d, arbitrary, illegal and violative of the 6rrir.ciples of naturaljustice by, ;r:tting aside the Memo. No. WCE/ E3/ 5Cr5/ 95/ Vol. VIII/6089M Dt ;U,.11.1997 and treat the period from 20.05,1994 to till the reinstat(:n rent is as on duty for all purposes. I he Andhra 4 SN, J wP 469t9 2022 Pradesh Administrative Tribunal, Hyderabad has delivered judgment on 27.04.7998 in O.A.No.130g/tgg} that the O.A is an appeatable order. Appeal lies to Chief Engineer, Irrigation & CAD Department. The applicant without filing the statutory appeal has fited this O.A. The OA .is therefore not maintainabre. It so advised it is open the appricant to lean appear against the order Impugned in this oA to the chief Engineer, irrigation & CAD Department and seek redressal. The OA is accordingly disposed of. No costs. It is to inform you that you have represented to ChieF Engineer Nagarjuna Sagar project, HiI corony during 12/r99g to reinstate and to continue for you in service vide reference 3.d cited. But, the Chief Engineer, Nagarjuna sagar project. HiI corony has not issued any orders on your representation for reinstatement and continue in service. Hence, there is no orders for positive for you from Andhra Pradesh Administrative Tribunal, Hyderabad to reinstate into service and also there is no orders from Chief Engineer to reinstate you into service. Hence, the sanctioning of pensionary benefits to you does not arise as you have not retired from service and you have been removed from service with effect from 20.051994 by Superintending Engineer, NSLC O&M Ciicle, Miryalaguda vide reference 2nd cited. Yours faithfully, Sd/-xxx Executive Engineer, Irrigation Division No.2, Mirya laguda 5 SN, J '\'P 46919 2022 DISCUSSION AI !DIONGLIISIIQN:- It is the sp:cific case of the petitioner that petiticn(:r's vide 5. representation lated 01.06.2022 addressed to the 3'd respondent here irr requested to sanction medical leave and pensionary ben lfits to the petitioner herein. Tile said representatior rl' the petitioner had been rejected try the 3'd respondent virTe rnpugned proceedings dated 15.06.?Czr' on the ground that thir r.:presentation preferred by the petitioner to the 2nd respondent d tring December, 1998 to reinstate the p(,)titioner and continue th€ petitioner in services had not been <:orsidered by the 2nd respro.dent as on date and therefore, the -erluest of the petitione' trade vide petitioner's representation dated

01.06.2022 s,j'il.ing sanction of medical leave and persionary benefits cannc)t t r: granted. The learned Assistant Government Plead er for 6 Irrioation & Command Area D velooment Deoa m n aopearino oll b g.half of resoonden lrielry-gf the fact that th,-' 2nd resDondent had not oassed anv . orders on the re res entation submitted bv the petiti Dece mber, 1998, the 3'd resDondent cou orders on the r eoresentation submitted bv the oe n r 6 SN, J wP 469t9 2022 d r o ers ma restofi ustice".

7. This Court opines that the fact as borne on record is that the non-consideration of the representation of the petitioner addressed to the 2nd respondent herein in December, 1998 is the main ground taken by the 3.d respondent to reject the petitioner,s representation for sanction of pensionary benefits and the respondent No.2 is bound to consider the grievance of the petitioner as put-forth vide petitioner,s representation addressed to the 2nd respondent in December, 199g, and the 3.,r respondent, thereafter according to the said decision of the 2nd respondent is bound to reconsider petitioner,s representation, dated OL.O6.ZO22 addressed to the 3.d respondent in accordance to taw within a reasonable period.

8. Takinq into con idera ion : (a) -The aforesaid facts and circumstances of the case, 7 7 SN, J \ P 46919 2022 (b) The submissions made by the learneld counse! appearing on behalf of the petitioner and the learned Assistant Gor ernment for frrigation & Command Area Development Department, appearing on behalf of respo ndents, (c) The contents of the impugned proceerlings rride Letter No.ABl,,\l/ 268, dated LS.O6.2OZ2 of the Executive Engineer, Irrigation Division No.2, Miryalguda _ SOg 2O7, Nalgonda Dist'ict addressed to the petitioner (referred to and extracted lbove), The writ petition is disposed of directin,g the respondent No,2 to consider and pass appropriate orders on the represc ntation made by the petitioner to the 2nd respondent in December, 199g, in accordance to law pertainang to petitioner.s reinstatement into service within a period of three (3) weeks from the date of receipt of a copy of this order by providing an opportunity of personal hearinq to the petitioner.. I t The respondent No.3 is also directed to reconsider the representation of the petitioner dated 01.O6 .21122 for sanction of nredicat leave and pensionary benefits \ I I i l 8 SN, J wP 469t9 2022 addressed to the 3'd respondent herein, within a period of two (2) weeks thereafter, after the decision of the 2nd respondent is rendered on the representation furnished by the petationer in December, 1998 to the 2nd respondent in accordance to law without reference to the impugned letter No.AB/A1I268M, dated L5.O6.2O22 of the 3'd respondent addressed to the petitioner herein. However, there shall be no order as to costs. As a sequel, the miscellaneous petitions, if any pending, in the Writ Petition shall also stand closed' //TRUE COPY// lA SD/- P.Ch. NAGABHUSHAMBA DEPUTY REGISTRAR '- | ---::. t. SECTION OFFICER To

5. The Secretarv. lrriqation and CAD Department, Secretariat' State of teLnqana af Hyd6rabad, Telangana- 5ooo22' cRo Department) Nalgonda.The r[J Cii"ir"sirieer, ( I rrigation iroJri"t"^o i,is Engi,i"ei it{Sl-c) o ano M'Circle' Miryalaguda' Nalgonda District, Telang ana- 508207 . ;# il;idEngin"Li, Nlslc Division Miryalaguda' Nalgonda District' Telanqana- 508207 . +;; ic.i."c'i?"on rnnrAND coMtM AREA DEVELoPMENT' Hish court -Si"t" of Telangana at Hyderabad louTl ^-..^ toi ir," 6;; cc i;sRr rHorfrns cEoircE, Advocate [oPUC] Two CD CoPies ""no SA GJP l C.C. TODAY ': S T,1 rg .1.--iq /t ll' Y :' 1[ ,Ui,i ,/ a) t_) (' ,./a_ i) i \..k 'i: - HIGH COURT DATED:2310411025 ORDER WP.No.46919 cf 2022 DISPOSING OF THE W.P WITHOUT CO STS.