Writ petition challenging repatriation and quota violation filed under Art. 226 struked out as the connected petitions were dismissed by law, and present plea also settles to be dismissed without costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
[3318 ]
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)
TUESDAY, THE ELEVENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY TWO
PRESENT
THE HONOURABLE SRI JUSTICE ABHINAND KUMAR SHAVILI
AND
THE HONOURABLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO
WRIT PETITION NO: 15400 OF 2012
Between:
Dr. A. Sadullah Khan, S/o Late A. Dastageer Khan A,iledical Officer, Government Unani Dispensary, Bhootpur, Mahaboobnagar District.
...PETITIONER
AND
...RESPONDENTS
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 writ or order more particularly one in the nature of writ of CERTIORARI by calling for the recordspertaining to lt4emo. No.155661U212007 dated 7.11.2O07 of the 3rd respondent in directing thepetitioner to attend for counseling for shifting on repatriation to native zone on theground that the appointment of thepetitioner is in violation of the Presidential Order and O.A.NO.6847/2007 of the Hon'ble A.P. Administrative Tribunal daled 23.4.2012 and declare the same as illegal, arbitrary, unwarranted and violative of Article'14 and 16 of the Constitution of lndia and consequentlyquash and set aside the same and consequently direct the respondents to allow thepetitioner to continue at present place on the basis of his appointment in the category of Medical Officer.
l.A. NO: I OF 2012(WPMP. NO: 19841 OF 20121
Pr.ltition 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 dispense rvith dispense with filing of certified copy of the Judgment with cause title in OA No. 6847/2007 dl. 23.O4.2012 of the Hon'ble A.P. Administrative Tribunal. Hyderabad.
l.A. NO: 2 oF 2012(WPMP. NQ: 19842 oF 20121
Petition under Section 151 CPC praying that in the circumstances stated in the afficiavit filed in support of the petition, the High Court may be pleased to direct the respondents to continue the petitioner at the present place by suspencling the operation of the proceedings vide l\rlemo. No.1 556 6lU2l2O07 dated 7.1 1.2007 of the 3rd respondent to the extent of the petitioner and orders in O.A. No.684 7/2007 and batch dated 23.4.2012 of the Hon'ble A.P. Administrative Tribunal, Hyderabad, pending disposal of the main wnt petition.
Counsel for the Petitioner: SRl. R V MALLIKARJUNA RAO
Counsel for the Respondents: GP FOR SERVICES I
The Court made the following: ORDER
I
r roN'Br_E sRI JUSTICE AIIHINANT) KLiN{AR Sr{AVILI ANI) I]ON'BLE NA]{A\ARAI'U ILA.ITiSI IWAR RAO
W.P.No.l5-100 OF 2012
RDER: t{ sn rh,,btt stitu,ttc Abhk,Dd xdD.{ th.4tL)
\,'hern the rrl;lftcrjs tJien up Iol hc.rring, it is noticecl that the
connectccl l,rit pctitions u.cre disnrissed bl this(br-ur r.:ii
\r.P.Nos.1l27l ol 2012 and barcl-r, detcd 21.n.2A1.2, r'h.-rern, this C-ourr has uphelcl G.O.lVIs.No.61C, darecl 11.i2.1985 and bv Iollou.rng the said order, rhe present l-rit petition also clcsen,es Lo be dism|ssed.
Accordinglr,, thc\Writ I)ctition is riisrlissed. No costs.
SD/. K, AMMAJI ASSISTANT REGISTRAR
i/TRUE COPY'
to,
AKB
w
HIGH COURT
DATED:1 1110120?-1t
I iIDEI2[22 ri
I *
-.-::
ORDER
WP.No.15400 of 2012
L,
.l
DISMSSING THE \4/RIT PETITION WITHOUT COSTS
2 issues framed by the court
Whether the petitioner's repatriation to a native zone violating the Presidential Order and Tribunal orders can be restrained via Article 226
Whether ought the petitioner be allowed to continue at the present place of posting during pendency of the proceeding
Dr. A. Sadullah Khan
Government of A.P.
Abhinand Kumar Shavili
Namavarapu Rajeswar Rao
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
