Disposed

Dr. Darbhasayanam Srinivasacharyulu and another v. The State of Telangana and another

Telangana HC2 Sept 2021WP/20836/2021

Case brief

AI extract

What is this about?

Two professors petitioned under Article 226 seeking re-induction into service invoking Ordinance 4 of 2020, alleging non-ratrospective effect violates Articles 14 and 16. A connected application under Section 151 CPC sought interim direction. The High Court disposed of the petition without adjudicating merits, directing respondents to consider a Supreme Court judgment before final decision.

What did the court decide?

Direct respondents to consider the case in light of Supreme Court Civil Appeal No. 4578 of 2021 and take a decision expeditiously. No order as to costs.

Dr. Darbhasayanam Srinivasacharyulu and another Vs… — Service and Employment | Telangana HC (2021)

¶1

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

¶2

(Special Original Jurisdiction)

¶3

THURSDAY, THE SECOND DAY OF SEPTEIUBER TWO THOUSAND AND TWENTY ONE

¶4

PRESENT

¶5

THE HON'BLE SRI JUSTICE B,VIJAYSEN REDDY

¶6

P NNO.2 36 0F 2021

¶7

Between:

¶8

1 Dr. Darbhasayanam Srinivasacharyulu, S/o Tiruvengala Charyulu, Aged 60 years, Professor H.O.D., R/o H.No. 11-11-443135, Flt.No. 35, Surya Towers, Telephone Colony, R.K. Puram, R.R. Dist, T.S.

¶9

2 Dr.Maya Bahut, D/o Mr.Kannaiah Lal, Aged 59 years, Associate professo r/Read er Rlo 21116, Jawaharnagar Opp. Saraswathi school, Jaipur, Rajasthan-302004

¶10

...pETrroNERs

¶11

AND

¶12

The State of Telangana, Rep. by its Principal Secretary, Medical, health and Family welfare Department, Secretariat Buildings, Hyderabad. The Director Department of (AYUSH), Medical, Health and Family welfare, Secunderabad' T S

¶13

...RES'.NDENTS

¶14

Petition under Article 226 oI lhe Constitution of lndia^praying that in the circumstances stated in the affidavit filed therewith, the High Court may be^pleased to issue a suitable writ, order or direction more^particularly one in the nature of Writ of IVIANDAIVUS, for refusing to give benefit of Ordinance 4 of 2020 Dt.31-07-2020 to the Petitioners on the^ground that the benefit of Ordinance 4 oI 2020 Dt.31-07-2020^to the Petitioners on the^ground that the ordinance has no retrospective affect as^illegal, arbitrary, discriminatory and violation of article 14 and 16 of constitution of^lndia and consequently, direct the respondents to re-induct the^petitioner into service^forthwith with all consequential benefits from the date of attaining 58^years and continue them in service until they attain the age of superannuation i.e. 65^years.

¶15

lA NO: 1 OF 2021

¶16

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 direct Respondents to re-induct the Petitioners into service forthwith^pending disposal of the main Writ Petition.

¶17

Counsel for the Petitioner: SMT. VALLURU PADMA

¶18

Counsel for the Respondents: GP FOR MEDICAL HEALTH AND FAMILY WELFARE

¶19

The Coud made the following: ORDER

¶20

THE HON'BLE SRI JUSTICE B.VIJAYSEN^]R,EDDY -

¶21

WRIT PETITION No.2O836 of 2O2L

¶22

ORDER:

¶23

The present writ^petition is fi1ed with the^{following relief:} *For the reasons stated in the accompanying affidauit

¶24

it is humblg praged that this Hon'ble Court^{mag be pleased} lo issue a suitable urit, order or direction^{more partianlarlg} one in the nature of Wit of Mandamus, for^{refusing to giue} benefit of Ordinance 4 of 2020 Dt:31-07'202O to^the Petitioners on the ground that the benefit of Orainance⁴ of 2O2O Dt:31-07-2020 to the Petitioners on the llround that the ordinance has no retrospectiue affect as illegal, arbitrary, discriminatory and uiolation of article 14 and 16 of constitution of India and consequentlg, direct the respondents to re-induct the petitioner into serui:e forthuith tuith all conseqtential benefits from the date of ottaining 58 years and continue them in seruice until they at' ain the age of superannuation i.e. 65 gears and pass such other order or orders as this Hon'ble Court maA deem fit ar,.d^proper in the circumstances of the case."

¶25

Heard the learned counsel for the parties.

¶26

With the consent of both the parties, without 11oing into merits, this writ petitioir is disposed of along with the pending applications, if any, directing the respondents to consider the case of the petitioners in the light of the^judgment of Apex Court in Civil Appeal No.4578 of 2021, dated O3.OB.2O2|, and take a decision in accordance with law, as expeditiously as possible. There sha11 be no order as to costs.

¶27

SD/.V.SUDHA

¶28

ASSISTANT REGISTRAR //TRUE COPY// ._/ SECTION OFFICER

¶29