High Court dismissed four writ petitions filed by government employees seeking HRA benefits for non-prosecution.
Dismissal of all writ petitions for non-prosecution.
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.
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[3383 ]
IN THE HIGH COURT FORTHE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)
THURSDAY, THE TWENTYTHIRDDAYOF NOVEIMBER TWO THOUSAND AND TWENTYTHREE
PRESENT
THE HONOURABLE SRI JUSTICELAXMI NARAYANA ALISHETTY WRIT PETITION(TR) NOs: 6155 .6156.6157 and 6158OF 2017
WRIT PETITION TR) NO:6155OF 2017
Between:
P Raieshwar Reddv. S/o. Veera Reddv aqedabout 57 years, Occ Addl' Public Retaiions Officer 070. Addl. PRO, I aridPR Dept.,Mancherial-Sg4208. Rl/o.the Mancherial Town-504 208, AdilabadDist.
...PETITIONER
AND
...RESPONDENTS
Petition under Article 226 ofthe constitutionof lndia praying that in the circumstances stated in the affidavitfiled therewith,the High court may be pleased to issue a writ, Direction or anorder more particularly one in the natureof writ of Mandamus to call for therecords relating to the impugned Govt. Memo' No' 117291243lAltHRM.lV/2015, Finance(HRM-IV) Department,dated'16-12-2015and quash or set-aside the same as being illegal,arbitrary, unjustand violative of Articles 14, 16 and 21 of the constitutionand also contraryto the earlierJudgment rendered by the HonbleTribunaland consequentlydeclare that the applicant is
entitled to be treated as eligible to draw H.R.A. at as20o/oof basic pay on the strength of the Notifications issued by the DistrictCollector,Adilabadin Memo.No. D5/19/1995, dated 3-4-1995 and also in Proc.No.A3114612013,dated16-3-2013 as per Judgment ofthe Honble Tribunal in O.A.No. 1205 of2005and batch dated 27 -4-2005 with all consequential benefits.
lA NO: 1 OF 2021
Between:
...PETITIONERYRESPONDENTS
AND
...RESPONDENTS/PETITIONERS
...RESPONDENTS/RESPONDENTS
Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of thepetition, the High Court may bepleased to vacate the interim order Dated 181072016 in W.P(TR).No.6155 of 2017(O.A.No.2746 of 2016).
WRIT PETITION(T R) NO: 6156 OF 2017
Between:
...PETITIONERS
AND
Petition underArticle 226 ot the constitutionof lndia praying that in the circumstancesstated in the affidavit filedtherewith, the High court may be pleased to issue a Writ,Directionor an Order moreparticularly one in the natureof Writ of Mandamus to callfor the records relating to the impugned Govt Memo No' 11728t243tA1lHRM.lV/20'15,Finance (HRM-IV) Department, dated 16-12-2015 andquash or set-asidethe same as being illegal, arbitrary, unjust and violative of Articles 14, 16 and21 of the constitution and also contraryto the earlier Judgment rendered by the HonbleTribunal andconsequently declarethat the applicant is entifled to be treatedas eligibleto draw H.R.A. at as 2Oo/o of basicpay on the slrength of the Notificationsissued by the Districtcollector, Adilabad in Memo.No. D5/.19/1995, dated3-4-1995 and also in Proc.No.A31146120,,3,dated 16-3-2013 as per Judgment of the HonbleTribunalin o.A.No.1205 ot2005and batch daled 27- 4-2005 with all consequentialbenefits.
lA NO: 1 OF 1
Between:
...PETITIONERS/RESPONDENTS
AND
:r
...RESPON DENTS/PETITIONERS
...RESPONDENTS/RESPONDENTS
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 vacate the interim order Dated: 15.07.2016 in W.P(TR).No.6156 of 2017 (0.A.No.2780 of 2oth).
WRIT PETITION(TR) NO: 6157 oF 2017
Between:
...PETITIONERS
AND
...RESPONDENTS
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, Direction or an Order more particularly one in the nature
:f7/ a/
of Writ of Mandamus to caI for t[g-recordsrelating to the impugned Govt.Memo. /^ -,o\Y No.1172812431A1/HRM.l!&O{+Finance (HRM-IV)Department,dated 16-12- 2015 andquash or selaside the same as beingillegal, arbitrary, unjustand violative of Articles 14,'1 6 and 21 ol the Constitutionand also contrary to the earlier Judgment rendered by theHonble Tribunaland consequently declare that the applicant is entitled to be treatedas eligible to draw H.R.A. at as 20o/oof basic pay on the strength of the Notifications issued by the District Collector,Adilabad in Memo. No. D5/19/1995, dated 3-4-19S5and also in Proc.No.A3114612013' dated 16-3-2013 asper Judgment of t6e-HonbleTribunalin O A.No.1205 of2005 and batch dated 27:4-2005 with allconsequentialbenefits.
lA NO: 1 OF 2021
Between:
...PETITIONERS/RESPONDENTS
AND
...RESPONDENTS/RESPONDENTS
Petition under Section 151 CPCpraying that in the circumstances stated in the affidavit filed in supportof the petition, the High Court maybe pleased to vacate the interim order dated1510712016 in W.P.(TR).No.6157 OF 2017 (o.A.NO. 27s1 OF 2016 ).
WRIT PETITION fiR ) NO: 6158 OF 2017
Between:
...PETITIONERS
AND
...RESPONDENTS
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, Direction or an Order more particularly one in the nature of Writ of Mandamus to call for the records relating to the impugned Govt. Memo. No. 117281243/A1/HRM.lV/2015, Finance (HRM-|V) Department, dated 16-122015 and quash or set-aside the same as being illegal, arbitrary, unjutice and yiolative of Articles 14, 16 and 21 of the Constitution and also contrary to the earlier Judgmelt rendered by the Honble Tribunal and consequently declare the appticanB06#-titted to be treated as eligible to draw H.R.A. at as 2O%o of basic pay on the strength of the Notifications issued by the Didtrict Collectrjr, Adilabad in Memo.No. D5i19l1995, dated 3-4-'1995 and also in Proc.No. A3/146/201, dated 16-3-2013 as per Judgment of the Honble Tribunal in O.A.No..tZ6S ot 2015 and batch dated 27 -4-2OOS with all consequential benefits
IANO:1OF 2021
Between:
...PETITIONERS/RESPONDENTS
AND
...RESPONDENTS/RESPONDENTS
Petition under section151CPC praying that in the circumstances stated in the affidavitfited in support of the petition, the High courtmaybe pleased to vacate theinterimorderdated15to712o16in W.P(TR) No 6158of 2017 (O.ANo 2796 of 2016).
Counsel forthe Petitioner in all W.Pi: SRIG.RAMA RAO
Counsel forthe Respondents in all W.Ps : GP FORSERVICESI
The Court madethe following:COMMON ORDER
!.
llt
HOII,BLE SRI JUSTICE LAXMI NARAYANA ALISHETTY
WRIT PETITION lTRl Nos.6155, 6L56, 6157 of 2OL7
and 6158 of2Ot7
COMMON ORDER:
Wlren the rrr.rtterrvas taken up for hearing on 16.11.2023,
there u'as no representation on l.lehalf of thepetitioners.To give one more opportunity, iire matter was irosted to 23.11 .2023 under the caption "for dismir:.tal".
non -prosecution. lio order as to ccsts.
Pending miscellaneor-rs applications, if any, shall stand
closed.
SD/- K.SREERAMAMURTHY ASSISTANTREGISTRAR
tU
//TRUE COPY//
SECTIONOFFICER
To, 1. One CCto SRIG.RAMARAq, gvog?.tqtqPU.CJ i. i;; 66i-t" eplonSEnvrieSr, Hignbourt fbr the Stateof Telansana at Hyderabad. [OUT]
I>
HIGH COURT
DATED:2311112O23
COMMON ORDER
WP(TR) Nos.6155,6156,6157 and 6158 oI 2017
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DISMISSING THE WRIT PETITIONS FOR NON.PROSECUTION WITHOUT COSTS
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The State of Telangana
P Raieshwar Reddy
P Mallaiah
Chilukuri Sunil
Ramakrishna Sarkar
A Srinivas
Laxmi Narayana Alishetty
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
