Disposed

V.Udayabhasker, Died per LRs v. the M.D., Ap State Handlooms Coop.Society Ltd, and Another

Telangana HC15 Dec 2023WP/2522/2007

Case brief

AI extract

What is this about?

High Court disposed of a long-pending writ petition regarding notional promotion claims without expressing an opinion on merits. The Court directed petitioners to submit a representation to the competent authority for a time-bound speaking order.

What did the court decide?

Direction to submit representation to competent authority for time-bound decision within three months; petition disposed without costs.

V.Udayabhasker, Died per LRs Vs the M.D… — Pension and Retirement Benefits | Telangana HC (2023)

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)

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FRIDAY, THE FIFTEENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY THREE

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PRESENT

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THE HONOURABLE THE GHIEF JUSTTCE ALOK ARADHE AND

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THE HONOURABLE SHRI JUSTICE ANIL KUMAR JUKANTI

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WRIT PETITION NO:2522 OF 2007

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Between:

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'1. V.Udaylbhasker, Died per LRs, S/o. Late Narayana Swamy, Aged about 50 years, Occ:.. Depot .Manager at Mahaboobabad sales EmfroriIm, O/o. Ap State handloom Weaveis Co-operative society Limited, Mahaboobad, Warangal District.

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Y..Vljay Malathi Ratna Kumari, Wo V. Uday Bhaskar, Aged 63 years, Occ. Housewife.

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V.Gopala Krishna, S/o V. Uday Bhaskar, Aqed 3g vears. Occ. pvt Emolovee.

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V.Ravi Chandra, S/o V. Uday Bhaskar, Age=d 36 ydars, Occ. pvt Empioy6e,

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Petitioner Nos.2 to 4 are R/o 7-7511, Road No.3, Jawahar Nagar, Satupalli, Khammam - 507303

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(Pettitioner Nos. 2 to 4 are brought on record as LR of deceased sole . Petitioner as per Court Order dt. 11n7/2023 in 1A01t2023)

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AND

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...PET|T|ONERS

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The A.P. State Handloom Weaver's.Co-operative Society Limited, rep. by its Managing Director, Narayanaguda, Hydeiabad.

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(Rl Cquse Title is amended as per Court Order dt. 24t11t2016 in wP.MP.48863/2016)

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The Divisional Marketing Officer, Telangana State Handloom, Weavers Cooperative society Limited, Warangal

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Siate of AndhraPradesh, rep. byr-ts, Prl. Secretary to Govt., lndustries and Commerce Dept., Secretariat, S'aifabad, Hyderab6d

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State of Telangana, rep. by its, Prl. SecretSry to Govt., lndustries and Commerce Dept., Secretaiiat, Saifabad, Hycierabad

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5 The Telangana State Handloom Weaver'siooperative, Society Ltd., rep. by its Managing Director, Narayanaguda, Hyderairad.

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(RR 3 to 5 are impleaded as perCourt Order dt. 22-6-17 in 14.2/16 WpMp 48862 of 2016)

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...RESPONDENTS

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Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit fired therewith, the High court may be pleased to issue an appropriate writ order or direction preferabry one in the nature of writ of mandamus decraring the action of respondents in not granting notionar promotion to the petitioner from the year 20og ti, his superannuation on 28 '02 2013' promotionar benefits, arrears as iregar, irregurar, arbitrary and contrary to the rures framed by the respondents and viorative of Articres 14 and 21 of constitution of rndia and consequenfly direct the respondents to grand notionar promotion to the petitioner from the year 2o0g tifl his superannuation, promotionat benefits, arrears and to pay the same

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!lrj]:.r^lr__?..nded^{as per Court Order} dt^11t}7tlo23 in tA O1t2O17 Wp.Mp. 267O5t2017)

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t.A. NO: 1 0F 2007tWPM P. NO:3 236 0F 2007t

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Petition under section is1 cpc praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be preased to direct the respondents to rerease the Annuar Garden rncrements i.e., from 2001 to 2006 May and arso consider his case for promotion to the post of rnspecting officer in any of the existing vacancies and with a, consequentiar benefits whire disposing of the representation dated 16.10.2006 which is pending before the 1st respondent till today.

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1.A. NO: 10F 2011

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MP. NO:29 379 oF 2011

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Petition under section 151 cpc praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be preased to direct the respondents to consider the case of the petitioner for promotion to the post of lnspecting office for Hyderabad Region pending disposar of w.p.No.252 2 0f 2007.

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l.A. NO: 1 oF 20 16(WP MP. NO :45170 OF 20161

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Petition under Section 1 s 1 cpc praying that in the circumstances stated in the affidavit filed in support of ttre petition, the High Court may be pleased to receive additionar documents for proper and effective adjudication of the above writ petition.

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.' l.A. No:4 oF2^{016(wPMP. NO: 57694 oF 2016)}

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Petition under^{Sectron1 51 CPC prayingthat in the circumstancesstatedin} ,^{the HighCourt maybe pleased to direct} the affidavit^{filed in support of the petition} on to the^{petitioner from the year 2008 till} the respondents^{to grant notional promoti} arrears and^to PaY^{the same'} his superannuation,^{promotional benefits'}

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J'pRAB}IAKAR'^{SR COUNSEL FOR SRI AZIZ} Counsel^{for the Petitionerst} '' counsel^{for the Responotnt not'i-ii''Cp ron lr'ro.usrRlEs& coMMERcE} ffi;;i^{io. it} "^{n..'pondJililil i i' sirr'msuoHAKAR REDDY'sc FoR} counsel^{for the Respondent No'4: t}'+i0i""#,fAVARTHY' GP FoR

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The Court^{madethe following: ORDER}

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--7

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THE HON'BLE THE CTITEF JUSTICE ALOKARADHE AND THE HON' BLE SHRI JUST ICE ANIL KUMA RJUKANTI WRIT PETITION No.2522 OF 2007

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ORDER 6er rA e Hon'ble the Chief Jusrice Alok Aradhe)

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Mr. J. Prabhakar, leamed Senior Counsel for the petitioners.

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Mr. M. Sudhakar Reddy, learned Standing Counsel for the

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Telangana State Handloom Weavers, Cooperative Society Limited, for respondent Nos.2 and 5.

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Mr. A. Sai Chakravarthy, tearned Govemment pleader for Services IV for respondent No.4.

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In this writ petition, the petitioners have prayed for the following relief:

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"For the reasons stated above, it is prayed that the Hon'ble Court may be pleased to isiue an appropriate Writ, Order or direction, preferably one in the nature of Writ of Mandamus declaring the action oi respondents in not granting notional promotion to the p9tl'_o!9. from the year 2009 till his superannuation on 28.02.2013, promotionat benefits, ariears as iltegat, irregular, arbitrary and contrary to the rules tr"r"JUy the respondents and violative of Articles l4 and Z1 it the Constitution of lndia and consequenfly direct the respondents to grant notional promoti-on to the petitioner from the year 2008 till his superannuation, promotional benefits, arrears and to pay ihe "a." "nj pass such other or further orders as are necessary".

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During the^{pendency of the writ petition, the original} petitioner has expired^{and his legal representatives have been} brought on record.

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Learned Senior^{Counselfor the petitionerssubmitsthat the} petitioners be^{granted liberty to submita representation with regard} to the claim of^{the deceased petitioner for grant of notional} promotion and^{consequential benefits,to the competent authority} of the respondents^{and the competentauthority be directedto} decide the^{representation which may be submittedby the} petitioners, in^a time^{bound manner.}

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The aforesaid^{prayer has been opposed by Ieamedcounsels} for the respondents.

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Be that as it^{may,the writ petition is disposed of with a} direction that in^{casethe petitioners submit a representation to the} competent authority^{with regard to their claims, the same shallbe} dealt with in^{accordancewith law by a speaking order within a} period of three^{months from the date of receipt of such} representation. It^{is made clear that this Courthas not expressed}

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any opinion on merits of the claim of the parties. There shall be no

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order as to costs.

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As a sequel, miscellaneous petitions, pending if any, stand

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closed.

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SECTET{ OFFICER

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iil!ffi tl#:3,{lne,,e''i+!!1't[1]:fffl weaver'sco'operative

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u.o-operative society a,lfl,flli f,l;rl?'Snsana^{stateHandloom,} weavers

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i#umffmil:fr+ffiffffiili^rfr-i 6 i#s 33J?f8i%f, ?-,,s,., sl*, lix"rli ipi_set

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li iH8^{['s E;;,:3;J'"IJtrY3'5fi} BS

I I I i li

HIGH COURT

DATED:1511212023

ORDER

WP.No.2522 of 2007

DISPOSING OF THE WRIT PETITION WITHOUT COSTS.

V.Udayabhasker, Died per LRs v. the M.D., Ap State Handlooms Coop.Society Ltd, and Another

Case brief

What is this about?

What did the court decide?

V.Udayabhasker, Died per LRs v. the M.D., Ap State Handlooms Coop.Society Ltd, and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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