Allowed

The State of Telangana v. K. Ashok

Telangana HC27 Apr 2022WA/199/2022

Case brief

AI extract

What is this about?

In a writ appeal, the High Court of Telangana allowed the appeal and set aside the Single Judge's order granting appointment to an ex-service man. The Court held that due to significant delay in approaching the Court after the selection process concluded in 2011, the petition suffered from delay and laches.

What did the court decide?

Writ Appeal allowed; Original order of Single Judge in W.P. No. 11/1/18 of 2019 set aside.

The State of Telangana Vs K. Ashok — Pension and Retirement Benefits | Telangana HC (2022)

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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WEDNESDAY, THE TWENTY SEVENTH DAY OF APRIL TWO THOUSAND AND TWENTY TWO

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PRESENT

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THE HONOURABLE THE CHIEF JUSTICE SATISH CHANORA SHARMA AND THE HONOURABLE SRI JUSTICE ABHINAND KUMAR SHAVILI

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WRIT APPEAL NO: 199 OF 2022

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Writ Appeal under clause 15 of the Letters Patent preferred against the order dated 29-11-2021 passed in W.P No.11'l 1B of 2019 on the file of the High Court.

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Betwee n:

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The State of Telangana, Rep. by its Principal Secretary, Home Department, Secretariat Buildings, Secretrariat, Hyderabad, Telangana.

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The Chairman, State Level Police Recruitment Board, Telangana, Hyderabad.

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The Director General of Police, State of Telangana, Hyderabad.

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,APPELLANTS/RESPONDENTS

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AND

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K. Ashok, S/o. Apparao, Aged about 35 years, Occ. SCT RSI (TSSP), lVth Bn, l,4amnoor, Warangal District.

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.., R ES PON D ENT/WRIT PETITIONER

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l.A.NO:1 OF 2022

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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 orders passed in W.P.No. 11118 of 2019, dated. 29.11.2021 , pending disposal of writ appeal, in the interest of justice.

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l.A.NO:2 OF 2022

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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 receive (1) l.A.No.1 of 2020 in W.P.No.1111B of 2019 dated 02.10.2020 (2) Counter Affidavit dated 18.07.2019 filed by the 2nd Respondent State Level Police Recruitment Board in W.P.No.1^'1 1'18 of 2019 and (3) G.O.Ms.No.27. Finance Department daled 23.03.2022.

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Counsel for the Appellants : SRI.M,V.RAMA RAO (SPL. GOVERNMENT PLEADER) Counsel for the Respondents : SRI.RAVINDER ALKUCHI The Court made the following:judgment

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THE HON'IiLE THE CHIEF IUSTICE TISH C RAS R],1A AND

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THE H^()N'BLE SRI IUSTICE ABHINAND^{KUN{ARSHAV]LI} W.A.No. 199 of²⁰²²

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IUDGMENT:^{Ttth Hor'b/.v Ltt.J} J,^{ti. :.t$t Ct\rtd'.,.hlmtt}

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The present appeal is arising out^{of otderdared 29} 'i1'2021, passed by the learoed SingleJudge,^{in W'P.No.11118 of 2019'}

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The facts of the case^{revealthat the appellant before this Courtis} an ex-service mafl and^{afl advertisement was issued on 06.02'2076for} various posts in the^{Police department of the State of Telangana The} petitioner did apply^{for the postof Sub Inspector of Police'}

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In the State of Telangana,^{there are three limbs in the Policc} deparmrent (A) Civil Police^{(B) Armcd Resen'e Police(C) Spccial} Police. The candidates^{were required to give option in tesPect o[ tl-re} three limbs of the Poiice^department.

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The undisputed facts^{revealthat the writ petitioner/respondent} herein was o ffered appointment^{and was selected as ReserveSub} Inspector, Special^Police.

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The facts of the case further^{revea] that another Ex-Service man-} venkat Krishrra^{rvas selected on the post of Sub Inspector o[ Police} (Civil). However,^{he did flot} ioin^{the post. In those circumstances,the} ' petitioner submitted a^{representarion on 12'09} '2017^{to the authorities}

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..)..

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'l ')

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for permittiog^{him to} ioin^{as Sub Inspectorof Police (civil) '} The representadon^{was tutned down by an otder dzted27 '11'2017and the} writ pctitioner^{was also informcd that the vac ncy has to be treatedas} carry fonvard^{vacancyand sl.rallbe frlled up in future'}

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The writ peritioncr^{tool< no stepsin the tnattet immediatelyand} camc up beforc^{this Court by filinga writ petition only in the yeat 2019'} T1.re learned^Single Judge^{has allowed the writ perition'}

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I-earned counsel^{for the StateGovernmenthas arguedbefore this} Coutt that^{the petitioner, on account of his selection as Reserwe Sub} Inspector of^{Police, was appointed ot07'71'2017and his 12 months} ttaining^{vsas alsoover and after he was givena regular appointment'he} submitted a^{letterclaiming appointment as Sub Inspector of Police} (.r"rl).

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The lcarned^{(iovernmentAdvocate has also stated that the State} Governrnent^{has subsequcntll'notified vacaflcy in questionin the} ,vear^{201 8 and the subsequcnt selectionwas also over' He has also} stated that now,^{the State (]overnment hasissued a third advertisement} on 26.04.2022^{for thc rcrnatnlngvacrrncles'}

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The only qucstion,^{which is rcqurre<l to be answeted in the} IS rvhether the^{petitioner can be granted} present ',vrit^aPPeal

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appointment against a vacaflcy of the ycar 2017 especially, when the selected list has come to an end and thc petitioner has not approached thrs Court rn time.

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Learned counsel for the respondent has drarvn the attention of this Court t,r judgment dated 31.12.2021, passed bv this^(lourt in W.A.No.511 of 2021 decided ot 31..1.2.2021. (The State of Telangana & another v. Narimella Vamshi and 20 others)

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In the aforcsaid case, this Court has certarnlv held that in case vac2lncy is advertised and it is unFrllcd, thc next pcrson in thc selectcd [st shou]d be offcrcd appointrncnr espccialh,, rvhcn a pcrson iras rror joined the po jt for rvhich hc u,as selccrccl,

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In the present case, thc person, who rvas selecrcd, l-ras not joined the post, but the core issue is tl-rat the peddoner has not approacl-red this Court in time . The entire process of selection was over in 2011 . His claim was rejr:cted by the authoritses on 21 .1,1.2017 and the writ petition was prelerred in the year 201,9. 7n the considered opinion o[ this Court, in the pcculirrr facts and circumstances o[ the case, the rvrit pctition certainly suffers from delay and laches.

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T,earned counsel^{for the respondent has also placed relianceupon} a iudgment^{delivetedin the case o[ State of Bihar and others vs'} Kameshwar^{Prasad Singh and anotherl'}

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The aforesaid^{case was in respectof senioriryin the cadre of} lnspector^{ofPolice and promotion tothe post ofDeputy} Superintendent o[ Policc.^{Therefore,as itwas not acase of} appointmcnt,^{an<l the issue of expirl' of selected [st was riot theissuc} Court.^{'f he} involved^{in the} iudgment^{de[vcredby the Supreme} !udgment^{is disdngurshablcon facts'}

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r\nother^{tmPortantasPect o[ the case is that the petitioner is an} cx-army^{personnel' lt is nobody'scase that he has been appointed on} lower^{post or on a post carrying lower payscaie' Thedispute is only in} respect^{of three wings of the Police department' He is certainly} appointed^{in the post of ReserveSub lnspectorof Police' whichis} cettainly^{equivalent to Sub Inspectot of Police(civil) and therefore'as} the sclccted^{list is not in existence' the writ Petluonsuffers from delaY} and^lachcs.

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In view^{o[ the aforesaid'order dated29'11'2021' passcd by the}

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'(2000)9^{Supreme CourtCases 94}

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,/, V

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Iearned Single Judge,^{in W.P.No.1111Bof 2019desetwesto be set aside}

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and the same is, accordinglv,^{set aside.}

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Writ Appeai is allowed.^{No costs'}

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As a sequei, miscellaneous^{pelitions, pending if any,stand}

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dismissed.

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SD/. M.SANTHI^VARDHANI JOINT REGISTRAR

,TRUE COPY//

SECTION OFFICER

i. t5e erincipal^{Secrt:tary, State of Telangana'HomeDepartment' Secretariat}

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Buildings, Secretrariat.^{Hyderabad,Telangana'}

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Z. ifie Cf.',1iiman,^{StateLev'etPoliceRecruitment Board, Telangana, Hydr.'rabad.} 5. fne oir"itor^^{Gene'al of Police, State of Telangana, Hycfrabad}

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a. tne section^officer,Non -^{ServiceSection, High court for the state ot lelangana} at Hvderabad.

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\ at Hvderabad. s. iii" 6"ii,on offi""r,^{posting Section, High court for the state of relangana} at Hyderabad.

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+. one'cb to SRl.M."/.RAMA^{RAO (SPL.GOVERNMENT PLEADER) IOPUC]}

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S. One CC to SRI.RA.VINDER^{ALKUCHI,Advocate [OPUC]}

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