Petitioner challenged termination and serviceRegularization due to deemed relief during medical leave. Court dismissed the writ petition as infructuous due to efflux of time regarding transfer issues, advising petitioner to pursue other remedies.
Dismissed the writ petition as infructuous 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 EIGHTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY TWO
PRESENT
THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI AND
THE HON'BLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO
WRIT PETITION NO: 26379 OF 2010
Bewveen:
Mis. SYED BAJAN, S/o. Patcha Hussain, aged 41 years, Deputy Station Superintendent, lttliryalguda Railway Station, Railway Quarters 16/8, Miryalaguda, Nalgonda District
...PETITIONER
AND
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 an appropnate Writ, Order or direction more particularly in the nature of Writ of Certrorari calling for the entire connected recordpertaining to O.A.No.82Bl2010 and the office memorandum dated 5.11.2009 in reference
L
GNTiP/676/VI/IRDT/IRT dated 1'l .5.2010 from the Respondents herein by holding that the action on the part of the Respondents in adopting aprocedure of deemed relief while petitioner was on medical leave and also inventing a new theory of service by affixing of the disputed communication dated 4.11 .2009 as ultravires Rules 26 of the Railway Servants (D&A) Rules, 1968 and also as illegal, arbitrary, improper and violatrve of the principles of naturaljustice and consequently to set aside the order of the Central Administrative Tribunal, Hyderabad Bench, Hyderabad dated 710.2007 in O.A.No.B28l2010 and direct the Respondents to follow the procedure envisaged in Law in the matter of relreving thepetit;oner from duties on transfer and to sanction the medical leave and regularize the peflod of leave from 27.10.2009 lo 2.5.2010 and also thereafter and to direct the Respondents to pay the salary frorn 27.10.2009 and continue to pay the salary pending disposal of the writ petition.
WPMP. NO: 16775OF 2011
Petition under Section 151 of CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to admrt the petitioner for duty at Nanded division in terms of orders passed by this Hon'ble Court on 13.04.2011 subject to the outcome in the writ petition.
WPMP. NO: 14719 OF 2011
Petition under Section 151 of CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to pass appropriate directions disposing either in this WPt\4P or in the writ petition itself as to put on end to the impasse.
.;
,t
i
WVMP. NO: 5851 OF 2010
Between:
...PETITIONERS/RESPONDENTS
AND
Petition under Section 151 of CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to vacate the inter,m order dated 25-10-2010 in W.P.M.P. No. 33693 of 2010 in W.P. No. 26379 ol 2010.
WPMP. NO: 33694 OF 2010
Between:
tt//s. SYED BAJAN, S/o. Patcha Hussain, aged 41 years, Deputy Station Superintendent, Ivliryalguda Railway Station, Railway Quarters 16/8, Ivliryalaguda, Nal gonda District
.PETITIONER
AND
L-
..RESPONDENTS
Petition under Section 151 of CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may bepleased direct the respondents topay petitioner salary and emoluments for theperiod from 27.10.2009 to till date for petitioner and his family survival.
WPMP. NO: 33693 OF 2010
Between:
li//s. SYED BAJAN, S/o. Patcha Hussain, aged 41 years, Deputy Station Superintendent, Miryalguda Railway Station, Railway Quarters 16/8, Miryalaguda, Nalgonda District
AND
Petition under Section 151 of CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased stay the directions of the Tribunal made in O.A.No.828/2010, dated 7.10.20'10 as well as the letter dated 11.5.2010 pending disposal of the Writ Petition.
Counsel for the Petitioner: SRI M. V. J. K. KUMAR Counsel forthe Respondent Nos. 1 to 4 & 6: SRI GADI PRAVEEN KUMAR,
Sr. SC FOR CENTRL GOVT. RAILWAYS
Counsel for the Respondent No.5: ---
The Court made the f ollowing: ORDER
IION'BLE SrU JUS'I tCE AAI IIN NI) Ktrr\rAR SI TAVILI AND HON'BL1] SRI JUS'IICE NA\TA'^RAPT] I{AJESTIWAII R^O
V.|'].No.26379 OF 20!Q
ORDER: /Pcr IIon'b lc Sri J tts t i ce Ab hin att.l IAm "r S h ! | i I i )
,X/hen thc matter is talrcn up for hcaring, le;rmcd Standing C.ounsel appearing for the respondent-Railwa]t irad inforrned this C-oun that since the issue rnvolved in this writ petition pertains to transfer, due to efflux of tirnc, the cau-se in the writ petition does not survive for adjudication.
l-eamed counsel appearing for the peritioner does not dispute the said fact.
In view of the same, the Writ Petition is dismissed as infructuous. However, if the petitioner is still aggrieved, he is at liberty to pursue hb remedies in accordance with law. No
costs.
Miscellaneous petitions, if any, pending shall stand closed.
\
S VENKAIAH ASSIST REGISTRAR //TRUE COPY//
SECTI
To,
(]J ,NS\V
HIGH COURT
DATED:1 811012022
ORDER
WP.No.26379 of 2010
at <br>o ()
(,1 2 B l[N ?m3 L
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1+.:*.;': i|; ' '-.
DISMISSING THE WRIT PETITION AS INFRUCTUOUS WITHOUT COSTS
L6 @ CDQ ( J
tt\k
t1'\ )r7
SYED BAJAN
The Divisional Railway Manager, South Central Railway
The Station Manager, Miryalaguda Railway Station
The Senior Divisional Personnel Officer, South Central Railway
The Union of India
ABHINAND KUMAR SHAVILI
NAMAVARAPU RAJESHWAR RAO
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
