Disposed

Union of India, v. Shri.a v Ranganath IPS

Telangana HC7 Jun 2022WP/15685/2017

Case brief

AI extract

What is this about?

The High Court permitted an IPS officer to withdraw his allocation order filed before the CAT challenging his 2015 transfer from Telangana to Andhra Pradesh. Consequently, the writ petition filed by the Union of India challenging the CAT order was rendered infructuous and dismissed.

What did the court decide?

Permission granted to respondent/ applicant to withdraw O.A. 129 of 2015 treated as dismissed; writ petition rendered infructuous.

Union of India, Vs Shri.a v Ranganath IPS — Service and Employment | Telangana HC (2022)

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HIGH COURT FOR THE^{STATEOF TELANGANA AT HYDERABAD} (SPecial Original Jurisdiction)

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TUESDAY, THE SEVENTH^{DAY OF JUNE} TWO THOUSAND AND^TWENTYTWO

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PRESENT

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THE HONOURABLE^{THE CHIEF JUSTICEUJJAL BHUYAN} AND THE HONOURABLE^{MRS JUSTICESUREPALLINANDA} l.A.No.1 of 2022

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IN/AND

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WRIT PETITION^{No.15685ol 20'17}

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wP.15685 /2017 :

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Between:

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union of lndia,^{Rep by its of secrelary, Departmentof PersonnelandTraining} 6opri^{rtti"itt'ry oiFei6onnet,Public Gri6vancb and Pensions, North Block,} New Delhi ...Petitioner/1"t^Respondent

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AND"'-1Shri.A.V.Ranoanath.l.P.S.,S/oShriA.P'V.Subhaiah,DyCommissionerof Police, Traffic-il Traffic Complex,^{HyderabadCity,Telangana'}

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...RespondenUAPPlicant

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The state of Telangana,^{Throughits chief Secretary, General Administration} Deoartment Secretariat, Hyderabad.

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s. ih5 SGte of Andhra Praddsh'^{through its Chief Secretary, General} Administration Department^{Secretariat, Hyderabad.}

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...Respondents/Respondent^{No.2 & 3}

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4.TheChairman,AdvisoryCommittee,(Pratyush_SinhaCommittee)'DoPTM/o Home Affairs, Union^{of india, North Block, New Delhi}

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S. in" Union oi'tnOla,^{nep by iis Ministryof HomeAffairs, Governmentof lndia,} North Block, New Delhi

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O. Cenirat Administrative^{Tribunal Hyderabad Bench, HACA Bhavan} Basheerbagh, Hyderabad^{Represented by its Registrar}

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(Respondent 4 & Srn not necessary^party)

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...Respondents Petition under Article 226 of^{the constitutionof lndia prayingthat in the} circumstances stated in the^{affidavit filed therewith, the High court may be} pleased to issue any Writ or order^{or direction more particularlyin the nature of} writ of certiorari and call^{for recordsin o.A.No.02110129120150n the file of the} central Administrative^{Tribunal, Hyderabad Bench,Hyderabadand declare the} impugned orders in^{the said o.A.No.021/01 29t2O15 dated 29-03-2016as illegal,} unjust, arbitrary and^{contrary to law,perverse and consequentlyset-aside the} sa me

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l.A. NO: 2 OF 2017^{(WPMP.NO:42 141 0F 20171}

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Petition u.tder section^{151 CPC praying that in the circumstances stated in} the affidavit filed^{in support of the petition, the High court maybe pleasedto grant} stay on and sustrend^{the operation and execution of the impugnedorder passed in} the o.A.No.02 1too12gt2o15^{dt. 29-3-2016, pending disposalof the above writ} Petition

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t.A. NO:1 OF 2l)'17(WPMP.^{NO:193240F 20 171}

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Petition under Section^{'151CPC praying that in the circumstances stated in} the dffidavit filerd^{in support of the petition, the HighCourt maybe pleased to} suspend the opreration^{of the lmpugnedorders passedin o.A.No.021/0'12912015} dt 29-03-2016,^{pendingdisposal of the WritPetition.}

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lA NO: 1 OF 20 22

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Between:

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Shri. A.V. Ranaanath, l.P.S.,^{S/o Shri A.P.V. Subhaiah, Joint. Commissionerof} Police, Traffic Traffic Complex, Hyderabad^{City, Telangana.}

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...Petitioner/ResPondent^No.1

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AND

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Union ol lndia, through^{the Secretary, Ministry of Home Affairs' NorthBlock,} New Delhi'

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... RespondenuPetitioner

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The star:e of Telangana,^{through the chiefSecretary, Telangana Secretariat,} Hvderak'ad-500022. Telanqana.

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S. f6e Siire oiAndhri Pradeih,^{through its Chief Secretary, A.P Secretariat,} Amaravathi, Velagapudi,^{GunturDistrict.}

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Central Adrilinistr;tive Tribunal,^{Hyderabad Bench, HACA Bhavan,} Hyderabad, Represented^{by its Registrar.}

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petition under section 151 cpc praying th", ;"ff;1?;1il1'l[""T:,:["Jl; the affidavit f led in support^{of the petition, the HighCourt maybe pleased to} permit to withdraw from contesting this writ^Petition.

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Counsel for the Petitioner: SRI^{T. SURYAKARAN REDDY} THE ADDITIONAL SOLICITOR GENERAL^{OF INDIA}

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Counsel forthe Respondent No.1:^{SRIJ. SUDHEER}

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Counsel for the Respondent No.2: SRl.^{B. NARASIMHASARMA}

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Counsel for lhe Respondent No.3: THE^{ADVOCATE GENERAL}

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The Court m;rde the following: COMMON^ORDER

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THE HONOURABLE SRI JUSTICE UJJAL BHUYAN

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AND

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THE HONOURABLE MRS JUSTICE^{SUREPALLINANDA}

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I.A.No.1 of 2022 ln and WRIT PETITION No. 15685 of^2OL7

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coMMON ORDER:^{(Per Hon'bleSi JusticeUjjat Bhugan)}

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Heard Mr. T.Surya Karan^{Reddy,learned Additional} Solicitor General of India^{for the petitioner Union of India;} Mr. J.Sudheer, Iearned^{counsel forrespondentNo'1-} Sri A.V.Ranganath, IPS;^{and Mr. B.Narasimha Sarma,} learned counsel for respondent^{No.2-Stateof Telangana'}

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Petitioner Union of India^{has filed the presentwrit} petition assailing the legality and^{validityof the order dated} 29.O3.2016 passed by the^{Centra'lAdministrative Tribunal,} Hyderabad Bench (briefly referred^{to hereinafter as the} 'Tribunal) whereby O.A.No.^{129 of 2015 liled by respondent} No.1 was allowed and the allocation^{orderdated 05.03.2015} ' of Government of India was set aside.

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2 UB,J & SN,J W.P.No- 15685 of 2017

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It may be mentioned that respondent No.l is an officer L,elonging to Indian Police Service (IPS). At the time of bifurcation of the then composite State of Andhra pradesh, responclent No.l was allocated State of Telangana by Governtrent of India uide aJlocation order dated 05.03.2015 though petitioner had opted for the residuaqr State of Andhra Pradesh.

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Aggrieved by the above, respondent No.1 challer.ged order dated 05.03.2015 before the Tribunal by filing Ct.A.No.l29 of 2015, which was allowed by the Tribunal uide order dated 29.03.2016 whereby the a-llocation order dated 05.O3.2015 was set aside, further directing the resporrdents to treat respondent No.1 as an IpS officer belongjng to the State ofAndhra Pradesh.

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lt. It is against this order that the present writ petitic,n has been fited by Union of India.

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Respondent No.t has filed an affidavit wherein he has stated that he has been continuing in the State of

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UB,J & SN,J W.P.No.15685 of 2O17

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Telangana for the last more^{than six yearsand in the} interregnum had availed^{promotionsfirstly to the selection} grade and thereafter to super time scale.^{He has indicated} his inclination to continue^{as an IPS officer of Telangana} State cadre. Presently, he^{is servingas Joint Commissioner} of Police (Traffic), Hyderabad^{City' It is in this backdropthat} he seeks leave to withdraw^{the original application.}

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Mr. T.Surya Karar Reddy,^{learned Additional} Solicitor General of India^{ald Mr. B.NarasimhaSarma,} learned counsel for^{respondent No'2-Stateof Telanganahave} no objection to the^{praYer made.}

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Having regard to the affidavit^{Iiled by respondent} No. 1, we permit respondent^{No.1 to withdraw O.A.No'129 of} 2015 filed before the Tribunal,^{which would now be treated} as dismissed on withdrawal.^{Consequently, the writ petition} filed by Union of India i.e.,^{W.P.No.15685of 2017 has been} rendered infructuous.

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4 UB,J & SN,J W.P.No.1 5685 of 2O17

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I.A.No. I of 2O22 and Writ^petition are accordingly

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disposecl of. However, there sha]l be no order as to costs.

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As a sequel, miscellaneous applications pending,

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if any, in this Writ Petition, shall stand closed.

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SD/.G.SIREESHA ASSISTANT REGISTRAR //TRUE COPY// _.t seUirolr oFFrcER

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To, '1 . Shri. A./. Ranganath, l.P.S., S/o Shri A.P.V. Subhaiah, Dy. Commissioner of Police,^'f raffic-[l Traffic Complex, Hyderabad^{City,Telangana}

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1. The Chief Secretary, General Administration^{Department, State of Telangana,} Secretariat, Hyderabad

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The Chief Seiretary, State of Andhra^{Pradesh, A.P. Secretariat, Amaravathi,} Velaga;rudi, Guntur District.

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The Registrar, Central Administrative^{Tribunal Hyderabad Bench' HACA} Bhavarr Basheerbagh, Hyderabad.

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One CO to Sri B. Nirdsirina Sarma, Advocate [OPUC]

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Two C(ls to GP for General Administration,^{High Court for the Stateof} Telanqana at Hyderabad. [OUT]

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Two C"rls to the'Advocate Geneial, High Court^{for the State of Telangana at} Hyderzrbad. [OUT]

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One Cl to Sri J. Sudheer, Advocate IOPUCI

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One CC to Sri B. Narasimha Sharma,^Advocate [OPUC]

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Two CD Copies

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10.One Spare Copy CHR SW >!'

it I I

HIGH COI.'RT

DATED:0't 10612022

COMMOI! ORDER

l.A.No.1 of 2022

IN/AND

W.P.No.15685 of 2017

</ o (\ 1 ii= S i'4
,
U
2 3 sEP 2022

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DISPOtiING OF t.A.No.1 ot 2022 AND WRIT PETITION WITHOUT COSTS

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ex("

Union of India, v. Shri.a v Ranganath IPS

Case brief

What is this about?

What did the court decide?

Union of India, v. Shri.a v Ranganath IPS

Case brief

What is this about?

What did the court decide?

What the court decided

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