Allowed

Dr.K. Usha Rani v. The State of Telangana rep. by its Principal Secretary

Telangana HC18 Dec 2023WP(TR)/6130/2017

Case brief

AI extract

What is this about?

Two writ petitions filed by Veterinary Assistant Surgeons regarding the regularization of their service dates and seniority. The Supreme High Court for Telangana allowed the petitions, directing the respondents to reckon the petitioners' seniority and service commencement as established in prior tribunal orders and similar court precedents.

What did the court decide?

Petitioners allowed to reckon seniority in the cadre of Veterinary Assistant Surgeon with effect from 22.07.2000 and 5.12.2003 respectively with all consequential benefits.

Dr.K. Usha Rani Vs The State of Telangana… — Pension and Retirement Benefits | Telangana HC (2023)

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[³³⁸³ ]

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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MONDAY, THE EIGHTEENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY THREE

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PRESENT

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THE HON'BLE SRI JUSTICE LAXMI NARAYANA ALISHETTY

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WPfiR) NOS: 6130 AND 6132 OF 2017

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WP(TR) NO.6130 OF 2017:

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Between:

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Smt. Dr. K. Usha Rani, Dio. Konda Ram Koti Reddy, aged about 42 years, Occ: Veterinary Assistant Surgeon, Veterinary Dispensary, Akupamula, Munugala Mandal Nalgonda District

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...pETraoNER

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AND

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1 The State of Telangana rep. by its Principal Secretary, Animal Husbandry Department, Secretariat, Hyderabad.

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2 The Director of Animal Husbandry, State of Telangana, Shantinagar, Masabtank, 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 declare that the applicant herein is entrtled reckoning of her seniority/commencement of probation w.e.f . 22.7 2000 for all the purposes without reference to the altered date of commencement ordered vide G.O.Rt- No. 553 Animal Husbandry, Dairy Development and Fisheries (AH.l) Department, dt. I5.11.2010 of the 1st respondent in view of various^judicial pronouncement in the same subject matter decided in O.A.No. 459112001 and batch dt 16.02.2005 which was confirmed by the Honble High Court in W.P.No. 2222212007, dt 04.08.2008 including orders passed in OA Nos.6339/2015 and batch dated 23.11.2015 and latest orders dated 29.2.106 in OA No.790/2016 and further direct the respondents to consider the case of the applicant for promotion to the post of Asst. Director of Animal Husbandry in the existing vacancy by duly her commencement of probation/ seniority w.e.f. 22.7.2000 in the cadre of Veterinary Assistant surgeon without reference to the altered date of commencement ordered in G O.Rt. No. 553 Animal Husbandry, Dairy Development and Fisheries (AH.l) Department, dt 15.'1 1.2010 of the 1 st respondent

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in view of above ludicial^{pronouncementin the same subject matter passed in favour} of other collogue emPloYees.

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WP(TR)NO 6132 0F 2017

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Between:

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Dr. Konda Chandra^{Sheker Reddy.S/O Ram Reddy,aged about 40 years, Occ} Veteiinary Assistant Surgeon,^{SuferSpecialty VeterinaryHospital, Narayanguda,} HYderabad ...PETrrroNER

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AND

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'l . The State of Telangana rep. by its Principal Secretary, Animal Husbandry Deoartment. Secretariat. Hvderabad.

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Z ine Oirector of Animal^{Fiusbandry. State of Telangana, Shantinagar.Masabtank,} Hyderabad.

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...RESPONDENTS Petition under Article 226 of^{the constitutionof lndia praying that in the} circumstances stated in the^{affidavitfiled therewith, the High Court may be pleased to} declare that the applicant^{herein is entitled reckoning of his seniority/commencement} of probation w.e.f. 5.12.2003^{for all the purposeswithout reference to the altered date} of commencement ordered vide G.o.Rt.^{No. 321 Animal Husbandry,Dairy} Development and Fisheries^(AH.l) Department,^{dt. 30.07.20'13 of the 1st respondentin} view of various^{judicialpronouncementin the same subject matter in oA} Nos.6339/2015 and batch dated^{23.1',l.2015 and latest ordersdated 29.2.106in oA} No.791/2016 and the very above G.O.^{was already set-a-side by the Honblecourt in} oA No.8739/2013, dated^{27.11.2015and further direct the respondentsto consider} the case of the applicant for^{promotion to the post of Asst. Directorof Animal} Husbandry in the existing vacancy by^{duly reckoning his seniorityw.ef . 5.1 2.2003in} the cadre of Veterinary ASSiStant^{surgeonwithout reference to the altered date of} commencement ordered^{in G.o.Rt.No.321AnimalHusbandry, DarryDevelopment} and Fisheries (AH.l) Department,^{dt- 30.07.2013of the 1st respondent in view of} above^{judicial pronouncements in the samesubiect matter.}

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Counsel for the Petitioner: SRI SANTHAPUR^{SATYANARAYANARAO} (ln both the WP(TR)s)

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Counsel for Respondents: GP FOR ANIMAL^HUSBANDARY (ln both the WP(TR)s)

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The Court made the following: COMMON ORDER

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THE HON'BLE SRI JUSTICE. LA}(MI NARAYANA ALISHETTY WRIT PETITIoN{ TRI NOS.6130 & 6132 0F 2017

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COMMON ORDER:

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When the matter is taken up for hearing, learned counsel on either side tairly concede that the issue involved in this writ petition is squarery covered by the order dated 19.72.2019 passed by this Court in W.p.(TR).No.371O of 2077.

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Following the order datecl lg.l2.2olg in W.p.(TR) No.3710 of 2017, these Writ petitions are a-lso a_llowed and the petitioner is entitled to reckon his seniority in the cadre of Veterinar5z Assistant Surgeon ,.vith effect frorn 22.OZ.2OOO with all consequential benefits.

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3 Miscellaneous petitions, pending if any, shall stand closed

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Sd/. A. V. S. PRASAD ASSISTANT REGISTRAR

//TRUE COPY//

To,

it/ sEcTtoN drrrcen

1 The Principal Secretary, Animal Husbandry Department, State of Telangana, Secretariat. Hvderabad.

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2 The Director ol Animar Husbandry, state of rerangana, shantinagar, [Vrasabtank, Hyderabad.

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43 9:: r wo uus 9!^,9^Sl_S?!t-h?pyr to Gp For Animar^{Satyanarayana} Husbandry, High^Rao cou.t^Advocate for tn'e topUClstate'of terangana. lourl

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MBC

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or order dated 1e.12.201e in wp(rR) No.371o ot 20171

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H|t%%t$ilopv

HIGH COURI

LNA,J

DATED: 1811212023

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COMMON ORDER

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WP(TR) NOS: 6130 AND 6132 OF ZO|T

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ALLOWING THE WP(TR)s

WITHOUT COSTS

THE HONOURABLE SRI JUSTICE ABHINAND KUMAR SHAVILI IIIRIT PETITIoNtTRI No.371 o oF 2017

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ORDER:

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This Writ^petition, under Article 226 of the Constitution of India, is liled seeking the following relief:

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".. to declare that the applicant is entitled to reckon his seniority in the cadre of Veterina4r Assistant Surgeon w.e.f. lg. f0. 199g instead 26.7.2OOO for all the purposes, in terms ot judgment rendered by this Honble Tribunal in O.A.Nos.4591/2001 and batch dated t6.O2.2OOS, which was confirmed by the Hon,ble High Court in W.P.No.2222212007 dated 04.08.2008 including latest orders passed in OA No.7O2/2O12 dated 2O.1.2O15. Apart from the very impugned order issued in G.O.RI.No.S14, Animal Husbandry DD & F (AH.1) Department dated 2.tt.2OOZ of the 1sr respondent was already set_a side by this Hon,ble Court in OA No.12173/2009, dated 15.7.2011 and consequently holding the entire action of the respondents in altering the date of commencement of the probation of the applicant from 1g.10.1991 to 26.07.2OOO vide impugned c.O.Rt.No.s14, Animal Husbandry DD & F (AH.1) Department dated 2.ll.2OOZ of the l"t respondent as highly illegal, arbitrary, unjust, improper and discrimination and contrary to the various judicial pronouncements in the subject matter and pass such other order or orders."

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AKS,J-w.P.(TR).No 3710 of 2017

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2, Heard Sn S. Satyanarayana Rao, learned counsel appearing for the petitioner, and the learned Government Pleader for Services-Il appearing for the respondents.

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It has been contended by the petitioner that he was initially appointed as Veterinary Assistant Surgeon vide proceedings, dated O1.O9.1998, by conducting regular selection process. His services were regularized with effect from 18.10.1998 vide proceedings, dated 22.O1.2OO4. While so, the respondents have issued G.O.Rt.No.514, dated 02.It.2OO7, revising ttre date of probation ofthe petitioner from 1g.10.199g to 26.07.2OOO. In the said G.O.RI., the probation dates of six Veterinary Assistant Surgeons were revised. Challenging the said G.O.Rt., one of the aggrieved persons, by name Dr. K. Siva Saradhi Babu, filed O.A.No.12t73 of 2OO9 before the Administrative Tribunal and the Tribunal, after hearing the parties, was pleased to allow the said O.A. vide order, dated 75.07.2011, by setting aside c.O.Rt.No.S14, dated 02_tt.2OOZ. The petitioner submits that he is also similarly placed and in spite of the Tribunal setting aside G.O.Rt.No.S14, dated O2.ll.2OO7, vide order, dated 15.07.2011, the respondenrs are not extending the benefits of the said order to the petitioner.

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AKS,J w.P ( IR) No I710 oftotT

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Learned counsel for the petitioner had contended that carlier when similar matters came up for consideration, wherein the commencement of probation of certain Veterinary Assistant Surgeons was altered, the Tribunal vide order, dated 16.O2.2OO5, allowed O.A.No.459 t of 2OO7 and batch filed by the Veterinary Assistant Surgeons and challenging the same, the State has lrled several Writ petitions, one being W.p.No.22222 of 2OO7, and this Court was pleased to dismiss W.p.No.22222 of 2OO7 vide order, dated O4.Og.20Og, conhrming the orders passed by the Tribunal. Further, once G.O.RI.No.S14, dated O2.71.2OO7, is set aside by the Tribunal, the petitioner is entitled to regularization of his seryices with effect from 18.I0.1998 instead of 26.OT.2OOO. Therefore, appropriare orders be passed in this Writ petition direcling the respondents to regularize the services of the petitioner in the cadre of Veterinary Assistant Surgeon with effect from lg.iO.t99g with all consequential benefi ts.

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The learned Government pleader for Services _ Il appearing for the respondents had contended that since G.O.Rt.No.514, dated 02.11.2OO7, is set aside, rhe case of the

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AKS.J w.P.(TR).No.l710 of 201 7

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petitioner would be reviewed and appropriate orders would be passed in accordance with law.

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This Court, having considered the rival submissions made by the parties, is of the considered view that when once the Tribunal has set aside G.O.RI.No.S14, dated O2.71.2OO7, vide order, dated 15.07.2011, passed in O.A.No.12173 of 2O09, and when in similar circumstances, this Court has confirmed the orders passed by the Tribunal allowing the O.As. filed by the Veterinary Assistant Surgeons challenging the alteration of commencement of their probation, the petitioner is also entitled to reckon his seniority in the cadre of Veterinary Assistant Surgeon with effect from 18.10.1998.

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Hence, the Writ Petition is allowed and the petitioner is entitled to reckon his seniority in the cadre o[ Veterinary Assistant Surgeon with effect from 18.10.1998 with all consequential benefits. There shall be no order as to costs.

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Miscellaneous petitions, if any, pending in this Writ Petition shall stand closed.

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December 19,2Ol9 MD

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ABHINAND KUMAR SHAVILI, J

Dr.K. Usha Rani v. The State of Telangana rep. by its Principal Secretary

Case brief

What is this about?

What did the court decide?

Dr.K. Usha Rani v. The State of Telangana rep. by its Principal Secretary

Case brief

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What did the court decide?

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