Dismissed

Suresh Chandra Bhuyan, Hyderabad and 2 Others v. Govt.of Ap Byprl.Secy.for Housing, Hyd.and 2 Others

Telangana HC10 Mar 2023WP/26729/2007

Case brief

AI extract

What is this about?

The High Court dismissed three old writ petitions filed by former retrenched workers seeking employment under a special package scheme. The court held the petitions were infructuous as the authorities had already disbursed the benefits to the petitioners.

What did the court decide?

The writ petitions were dismissed as infructuous owing to the prior disbursement of benefits. No order as to costs.

Suresh Chandra Bhuyan, Hyderabad and 2… — Pension and Retirement Benefits | Telangana HC (2023)

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[³¹⁶⁷¹

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

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FRIDAY, THE TENTH^{DAY OF MARCH} TWO THOUSAND AND^{TWENTY THREE}

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PRESENT

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THE HONOURABLE^{SRIJUSTICE A. ABHISHEKREDDY}

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WRIT PETITION N os.26729,^{28090 and 28091 of2007}

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WRIT PETITION NO: 26729 OF²⁰⁰⁷

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Between:

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'1 . Suresh Chandra Bhuyan, S/o late Dolagobinda Bhuyan, Occ: Plumber -Rl/o H.No.B-2-674lA/1, Sri iiam^{Nagar, Banjara Hills, Road No.12, Hyderabad-34.}

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1. Chand Khan, S/o Mohd.^{Khan, Occ: Plumber,R/oH.No.18-12-4191C13154,} Hafesh Baba Nagar, C-Block, Hyderabad.

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Mohd.Jaffar, S/o late Janaluddin,^{Occ:PumpOperator, r/o H.No.12-1-85l'10,} Mallapally, Felkhana, Hyderabad.

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...'ETITIONERS

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AND

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'1 . Government of Andhra Pradesh, rep. by its Principal Secretary for Housing, Secretariat, Hyderabad.

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A.P. Housing [3oard, rep. by^{its Vice-Chairman & Commissioner for Housing,} Hyderabad.

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Eiecutive Engineer^{(Housing), A.P. Housing Board, Central Division,} Hyderabad.

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...RESPONDENTS

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Petition under Article 226 of the^{Constitution of lndia prayingthat in the} circumstances stated in the^{affidavit filed therewith,the High Court maybe} pleased to issue a writ, order or direction^{more particularlyone in the natureof} writ of mandamus declaring^{the action of the respondents in not fulfillingthe} settlement under the special^{Package while disbursing the packageamountin} terms of section 1B(1)^{and 25(F) of lndustrial DisputesAct for the retrench} workers in terms of the^{notice dated 30-8-2005 of the 2nd respondentand not} considering the case of the^{petitionersfor engaging their servicesby the 2nd and} 3rd respondents for the^{work in the Projectson hand pending the outcome of the} writ Appeal 718 of^2O02 on^{the file of this Hon'ble Court.}

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l.A. NO: 1 OF 2007(WPMP. NO: 34900 0F 2007)

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents 1 to 3 to consider lhe case of the petitioners for engaging their services at the work in the projects on hand pending disposal of the writ petition.

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Counsel for the Petitioners: SMT. BOBBA VIJAYALAKSHMI

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Counsel for the Respondent No.'l: GP FOR HOUSING

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Counsel forthe Respondent No.2: SRI A.K. JAYAPRAKASH RAO

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Counsel for the Respondent No.3: SRI D. RANGANATHA KUMAR

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WRIT PETITION NO: 28090 OF 2007

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Between:

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R.V. Vittal, S/o R.Dagaiah, RJo Door No.4-1-124011 , King Kothi, Hyderabad-1 . 2. M.Anand Rao, S/o [\4uthyalu, R/o Door No.6-4-481l4, Krishna Nagar, Flat No.202, Surabhi Mansion, Secunderabad-80.

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K.Ramesh, S/o K.Narayana, Ryo Door No.LlG ll, Laxmiguda, H.B.Colony, Hyderabad, Katedan, Rajendranagar Mandal, Kesavagiri Post, Hyderabad-S.

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L.Venkateswarulu, S/o L.Gopaiah, No 9-1-11164/D, Langer House, Rajiv Nagar' HYderabad

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...PETrrroNERs

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ANO

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I Government of Andhra Pradesh, rep. by its Principal Secretary for Government Housing Department, Secretariat, Hyderabad.

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A.P. Housing Board, rep. by its Vice-Chairman & Commissioner for Housing MJ Road, Hyderabad.

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3 Executive Engineer (Housing) A.P. Housing Board, Central Division, M'J'Road' Hvderabad'

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...RE''.NDENTS

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Petition under Article 226 of Ihe 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 particularly one in the nature of writ of mandamus declaring the action of the respondents in not fulfilling the setflement under the speciar Package whire disbursing the package amount in terms of section 18(1) and 25(F) of rndustriar Disputes Act for the retrench workers in terms of the notice dated 30-g-2005 0f the 2nd respondent and not considering the case of the petitioners for engaging their services by the 2nd respondent for the

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work in the Projects on hand^pending the outcome of the Writ^{Appeal No.1147 of} 2OO1 and WASR no.16201 of 2003 on the file of this^{Hon'ble Court.}

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l.A. NO: 1OF 2007(WPMP. NO^{: 36719 OF 20071}

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Petition under Section^'l 51 CPC^praying that^{in the circumstances statedin} the affidavit filed in support of^{the petition, the High Court may be pleasedto direct} the respondents 1 to 3 to consider the^{caseof the petitionersfor engaging their} services at the work in the Projects on hand at^{HyderabadCentral Division} pending disposal of the writ petition.

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Counsel for the Petitioners: SMT. BOBBA VIJAYALAKSHMI

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Counsel for the Respondent No.1: GP FOR HOUSING

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Counsel for the Respondent Nos.2 & 3: SRI A.K. JAYAPRAKASH RAO

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WRIT PETITION NO:28091 OF 2OO7

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Between:

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Khursheed Ahmed Khan, S/o. Abdul Ahmed Khan Rl/o. Door No.10-2-300/Bi6 Lakshmi Nagar, Hyderabad.

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Shaik Majeed Sio. Shaik Basheer Ahmed, No 19-3-294168/A/323 Fl/o. Fathima Nagar, Vattepalli, Hyderabad-53.

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Shameem Ahmed, S/o Saleem Ahmed, Rl/o. Door No.22-2-44518 Noorkhan Bazaar, Hyderabad.

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K.Lingaiah, S/o K.Narsimhulu Rl/o Door.No.6-2-352, Chintal Basthi, Hyderabad.

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M.Baalraj, S/o Parsuram, No B-2-GB2l32l253 Narsing Bagh, Road^No.1 Banjara Hills, Hyderabad.

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USrinivasa Murthy, S/o L.V.R.N.Sastry, Rl/o Door No.29-14071217 Dinakar Nagar, Naredmet, Secunderabad.

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M.Yadgiri, S/o Muthyalu, Rl/o Door No.17-2-870138 Harijan Basthi, Madannapet, Saidabad, Hyderabad

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U.Narayana, S/o U.Mallaiah, R/o 3-3-531 Qutibiguda, Hyderabad.

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C.Naranjan, S/o Hanmanthu Rl/o Door No.1-8-'160/229 Rajiv Nagar Colony, Alwal, Hyderabad.

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P.Venkatesh, S/o P.Ramulu Rl/o Door No.B-160/1^{1 '1} Rajiv Nagar Colony, Alwal, Hyderabad.

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B.Suvarna Kumar Raju, S/o B.Veera Swgmy Fi/o Door^{No.6-3-12411164} Ivl.S.Maktha, Opp: Raj Bhavan, Hyderabad.

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...'ET.T'ONERS

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AND

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'1 . Government of Andhra Pradesh, rep. by its Principal Secretary to Government Housing Department, Secretariat,^Hyderabad.

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2 A. P Housing Board, rep. by its Vice-Chairman &, Commissioner for Housing, MJ Road, Hyderabad.

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3 Executive Engineer (Housing) A. p. Housing Board Central, Division, Gruhakalpa. Nampalli, Hyderabad-0.1.

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4 Executive Engineer (Housing) A.p. Housing Board North, Division, Bharat Nagar, Moosapet, Hyderabad.

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(

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Nagar, Moosapet, Hyderabad.

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( Executive Engineer (Housing)A p Housing Board South, Division, 6th Floor, Gruhakalpa,Nampalli,Hyderabad-O1.^-

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6 Executive Engineer (Housing) A.P. Housing Board Western, Division, JNTU Road, Kukatpalli, Hyderabad.

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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 filed therewith, the High Court may be pleased to issue a writ, order or Direction more particularly one in the nature of writ of Mandamus declaring the aclion of the respondents in not fulfilling the settlement under the special package without taking into consideration of the revised pay scales of the year 2003 while disbursing the package amount in terms of and Section 18(1) and 25 (F) of lndustrial Disputes Act for the retrenched workers in terms of the notice dated 30-8-2005 of the 2nd respondent and not considering the case of the Petitioners for engaging their services by the 2nd Respondent for the work in the Projects on hand.

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l.A. NO: 1 OF 2007(WPMP. NO: 36720 0F 2007)

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to direct the respondents 1 to 6 to consider the case of the Petitioners for engaging their services at the work in the projects on hand at Central, North, South and Western Division at Hyderabad District pending disposal of the Writ Petition.

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Counsel for the Petitioners: SMT. BOBBA VIJAYALAKSHMI

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Counsel for the Respondent No.1: GP FOR HOUSING

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Counsel for the Respondent Nos.2 to 6: SRI A.K. JAYAPRAKASH RAO

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The Court made the following: COMMON ORDER

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THE HON'BLE SRT JUSTICE A.ABHISHEK REDDY

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W.P. Nos.26729 28O9O and28O91 of2OO7

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COMMON ORDER:

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Sri A.K. Jayaprakash Rao, the learned counsel appearing for the respondent No.2, has stated that the subject matter of the present writ petitions has become infructuous, as the authorities concerned have already paid the benefits under special package to the petitioners.

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Having regard to the above- made submission, the

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present writ petitions are dismissed as infructuous.

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Pending miscellaneous petitions, if any shall also stand

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dismissed. There shall be no order as to costs.

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SD/.I. NAGALAKS DEPUW REGI

//TRUE COPY//

SEGTIO FFICER

To,

One CC to Smt. Bobba Vijayalakshmi,^Advocate IOPUC] 2. Two CCs to GP for Housing, High Court^{for the State of Telangana at} Hyderabad. [OU 3. One CC to Sri A L J"yrprrkr.h Rao, Advocate [oPUc] 4. One CC to Sri D . Ranganatha Kumar Advocate [OPUC] 5. Two CD Copies CHR GJP / <J

I I

HIGH COURT

DATED:1 010312023

COMMON ORDER

W.P.Nos.26729,28090 and 28091 of 20O7

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DISMISSING THE WRIT PETITIONS AS INFRUCTUOUS WITHOUT COSTS

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Suresh Chandra Bhuyan, Hyderabad and 2 Others v. Govt.of Ap Byprl.Secy.for Housing, Hyd.and 2 Others

Case brief

What is this about?

What did the court decide?

Suresh Chandra Bhuyan, Hyderabad and 2 Others v. Govt.of Ap Byprl.Secy.for Housing, Hyd.and 2 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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