W.P. filed for notional seniority and consequential promotions after the Administrative Tribunal confirmed rejection of the claim. The High Court dismissed the petition as the petitioner had retired from service on attaining the age of superannuation.
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.
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[3318 I
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)
FRIDAY, THE TWENry EIGHTH 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: 1961 OF 2012
Betvveen:
Syed Abdul Haleem Magrabi, S/o. S.A.Hameed It/agrabi, Regd. Administrative Officer, Niloufer Hospital, Hyderabad. R/o 19-3-799, Aliabad, Hyderabad.
...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 a writ, order or direction more so, in the nature of Writ of Certiorari, by calling for the records and set aside the order of the Tribunal in O.A.No.6177 of 2OO7 dt.08.06.2010 confirming the order of rejection of the claim of the petitioner by the Government vide Memo No.17069/H'l/2006-2 d1.21.07 .2007 and consequently direct the Respondents 2 to 4 to grant notional seniority to the petitioner from the date of his promotion in the category of U.D.C. i.e., 22.03.1 965 and consequential notional promotions in the category of Office Superintendent, Administrative Officer, Assistant Director and Deputy Director
along with all con sequential benefrts and consequential ircrentents by revising the pension with a lservice and monetary benefits.
l.A. NO: 1OF 2O1i WPMP. NO: 2438 OF 2012
Petition und:r Section 151 CPC praying that in the l rcumstances stated in the affidavit filer I in support of the petition, the High Court mi:y be pleased to expedite the hearir g of the writ petition by fixing an early de te of hearing.
Counsel for the Pe titioner: SRl. RUPENDRA MAHEN )R A
Counsel for the Re spondents: GP FOR MEDICAL HEALTH AND FAMILY WELFARE
The Court made th -. following: ORDER
,/.
I
HON'BI-IJ SRI JT]STICE ABHINAND KIIMAR SHAVILI AND
HON'BLE SRI JUSTICE NAI'IAVARAPU RAJESIIWAR RAO
W.P.No.1961 QF 2012
OR DER : (Per,FIon' b I e Si J Ds tic e Ab h i,1 an d Kr m a r Sh a ri I i )
\When the matter is mken up for hearing, it is noticed
that seeking to grant notional seniority, the petitioner has filed the present writ petition and during pendency of the writ petition, the petitioner has retied from seruice on attaining the age of superannuation and hence, the relief sought for in the writ petition cannot be granted.
Accordingly, the\Writ Petition is dismissed. No costs.
Miscellaneous petitions, if any, pending shall stand
closed.
SD/. T. JAYASREE ASSISTANTREGISTRAR //TRUE COPYI/
SECTION OFFICER
To,
HIGH COUF T
DATED:2811012022
ORDER
/- 1ATE C,: --ts.
,. ( i ...
t,
rn rN
1
WP.No.1961 of 2012
ir DISMISSING OF THE WRIT PETITION
WITHOUT C,)STS
Bst<ar Ls,
2 issues framed by the court
Whether the petitioner can claim notional seniority and consequential promotions after having retired from service.
Whether the High Court can grant relief for a legal representation/decree against the government.
Syed Abdul Haleem Magrabi
Andhra Pradesh Administrative Tribunal
Government of Andhra Pradesh
The Director of Health, Andhra Pradesh
The Regional Director of Medical & Health Services
Abhinand Kumar Shavili
Namavarapu Rajeswara Rao
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
