Petitioner, suspended since 2019 without review, filed writ seeking reinstatement and subsistence allowance. Court directed respondent to take decision on suspension review and allowance enhancement within 30 days; petition disposed of otherwise.
Direction to respondent to pass orders on review of suspension and subsistence allowance within 30 days.
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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
(Special Original Jurisdiction)
WEDNESDAY ,THE SIXTH DAY OF JULY TWO THOUSAND AND TWENTY TWO
PRESENT
THE HONOURABLE SMT JUSTICE P.MADHAVI DEVI
WRIT PETITION NO: 271 OF 2022
Betwee n:
P.Srinivas, Sio, Narasimha, Age. 50years, Occ.Assistant Director of Mines and Geology, Nagarkurnool, Nagarkunool District.
...'ET,T'ONER
AND
1 The State of Telangana, rept. By its Principal Secretary,lndustries and commerce (vigilanCe) Department, Secretariat,Hyderabad. 2 The Director of Mines and Geology, State ofTelangana, Hyderabad
...RESPONDENTS
Petition under Article 226 of theConstitutionof lndiapraying that in the circumstances stated in the affidavitfiled therewith,the High Court may be pleased to issue writ, order or direction moreparticularly one in thenature of writ of Mandamus declaring the action of the'1tt respondentin continuingthe petitioner under suspension without any order of review till date and set aside G.O.Rt. No.187, dt .16.12.2019 of the1st respondent by declaring the same as void, illegal, arbitrary, u n co nstitutiona I violative ofArt. 14 and 16 of the Constitution of lndia and consequently directthe 1st respondentto reinstate the petitioner into service by viewing the order of suspension dt 23.8.20'19 asper G.O.Ms.No.86, dt. 8.3.1994 as well asG.O.Ms.No.526, dt. 19.08.2008 and further direct the respondents topay the subsistenceallowance to the petitioner whlch is due from August, 2021 onwards.
lA NO: 1 F 2022
Petition under Section 151 CPCpraying thatin the circumstancesstated in the affidavit filed in support of thepetition, theHigh Court may be pleased direct the 1"t respondent to review the order ofsuspension G.O Rt. No.'187, dl .16.12.2019 of the 1st respondent asper G.O. Ms. No.86, dt:8.3.1994as well as G.O.il,4s.No.526, dt. 19.08.2008 by consideringthe representationmade by the petitioner dl21 .O8.2020pending disposalof Writ Petition.
Counsel for the Petitioner: SRIS. JAGADISH
Counset for the Respondents:GP FOR SERVICES'I
The Court made the following: ORDER
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wRI't' Pt.]'I]'tON NO.27t Ol' 2022
olll)Eri
.fhis Writ [)etition has been filed by the pctitioner seeking a Writ
ol- Mandamus declaring the action ol the l " respondent in continuing the
petitioncr under suspcnsion without any order ol revicw till the date of lrling ol this Writ Pctition as illcgal and arbitrary and consequently to set asidc G.O.Rt.No.l87 dt. | 6.12.2019 of thc l'' respondent suspcnding the petitioner frorn servicc and to pas:: such other ordcr or orders as this I lon'ble Court rnay decm fit and propcr in thc circurnstanccs of the case
) W.P.No.27loi2022
direction lrom this Courl to reinstate him into service as per G.O.Ms.No.526, G.A. (Ser-C) Dept., dt. 19.08.2008.
W.P.No.27lol2022
I
I
6, ln view ol'the above submissions, it is decmed lit and proper to dircct the 1'' rcspondcnt to pass ordcrs on thc issue o1' review o1' suspension period cl1'the petitioner and also on the enhancement ol the subsistence allowance o1'thc petitioner hcrcin as per C.O.Ms.No.526, G.A. (Ser-C) Dept., dt. 19.08.2001t, within a period of thirry (30) days
liom the date olreceipt of a copy of this order.
stand closed.
To,
SD/-B.SATYAVATHI DEPUTY REGISTRAR &
//TRUE COPY'
SECTION OFFICER
Sm GJP
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HIGH COURT DATED:06/0712022
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ORDER
WP.No.271 of 2022
DISPOSING OF THE WP WITHOUT COSTS
3 issues framed by the court
Whether the High Court should direct the Government to decide on the review of suspension and enhancement of subsistence allowance.
Whether the petitioner should be directed to be reinstated in service.
Whether the suspension orders are illegal and arbitrary.
1 provisions across 1 enactments
P. Srinivas
State of Telangana
Director of Mines and Geology
P. MADHAVI DEVI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
