Allowed

Doddi Simhachalam v. The Government of Andhra Pradesh

Telangana HC24 Oct 2014WP/31837/2014

Case brief

AI extract

What is this about?

A three-judge bench allowed a writ petition filed by four petitioners challenging the Tribunal's order dismissing their miscellaneous application to file a common original application for employment under the displaced persons' quota. The court held that since the petitioners' interest was identical, the order was liable to be set aside, and the tribunal was directed to number the application and

What did the court decide?

The writ petition was allowed, setting aside the impugned order, and directing the Tribunal to number O.A.(SR)No.12694 of 2014 and dispose of the same in accordance with law.

Doddi Simhachalam Vs The Government of… — Pension and Retirement Benefits | Telangana HC (2014)

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THE HON'BLE SRI JUSTICE K.C.BHANU AND THE HON’BLE MRS JUSTICE ANIS

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WRIT PETITION No.31837 OF 2014

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ORDER:- (per Hon’ble Sri Justice K.C.Bhanu)

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This Writ Petition is filed challenging the order, dated 13.10.2014, in M.A.No.2723 of 2014 in O.A.(SR)No.12694 of 2014 on the file of the Andhra Pradesh Administrative Tribunal, Hyderabad (for short, “the Tribunal”).

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2. Petitioners herein/applicants filed the aforementioned Original Application before the Tribunal to direct respondent Nos.1 to 3 herein to consider their case for appointment under displaced persons’ quota and appoint them in any suitable post as per G.O.Ms.No.98, Irrigation (PW) Department, dated 15.4.1986, and G.O.Ms.No.68, Irrigation & CAD (PW:R&R.A-2) Department, dated 17.5.2014. The petitioners also filed M.A.No.2723 of 2014 seeking permission to file a common Original Application, as the cause of action and the relief are one and the same in the main Original Application.

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3. The Tribunal, upon considering the material on record, dismissed the aforementioned Miscellaneous Application on the ground that there was no common interest involved in the case. Challenging the same, applicants filed the present writ petition.

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4. Heard both sides.

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5. The petitioners, who are four in number, filed the aforementioned Original Application before the Tribunal for consideration of their case for employment under the displaced persons’ quota in terms of the aforementioned Government Orders. Whether all the applicants come within the meaning of displaced persons or not and whether the aforementioned Government Orders are applicable to them or not are the matters required to be decided in the Original Application itself. Since the interest of all the petitioners is one and the same, the Original Application can be filed jointly by them. Hence, the impugned order is liable to be set aside.

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6. Accordingly, the Writ Petition is allowed setting aside the impugned order and the Tribunal is requested to number O.A.(SR)No.12694 of 2014 and dispose of the

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same in accordance with law. There shall be no order as to costs. Miscellaneous Petitions, if any, pending in this writ petition shall stand closed.

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JUSTICE K.C.BHANU

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JUSTICE ANIS Date: 24.10.2014 AMD

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THE HON'BLE SRI JUSTICE K.C.BHANU AND

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THE HON’BLE MRS JUSTICE ANIS

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WRIT PETITION No.31837 OF 2014

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DATE: 24.10.2014