Y.Gurava Reddy Vs State of Telangana — Writ and Judicial Review | Telangana HC (2025)

Y.Gurava Reddy Vs State of Telangana — Writ and Judicial Review | Telangana HC (2025)

What the court decided

AI extract

Outcome

With consent of parties, writ petition disposed of at the stage of admission: authorities concerned directed to reckon the petitioner's services from the date of completion of five years in service (on or before 01.11.1990) for the purpose of pension and pensionary benefits; however, no actual monetary benefits for that period in the form of arrears of pay or allowance; no order as to costs; miscellaneous petitions pending, if any, stand closed.

Issue for consideration

Whether the respondents' action in not considering the petitioner's case for regularisation of his services as Junior Lecturer in Commerce with effect from 01.11.1990 (the date on which he completed five academic years, notionally as per G.O.Ms.No.221, Education (C.E.I-2) Department, dated 20.06.1995) - instead of from 30.10.1996 as per G.O.Rt.No.225 - for the purpose of pension and pensionary benefits, is illegal, arbitrary, discriminatory and violative of Articles 14 and 16 of the Constitution of India.

Court's answer

The writ petition was disposed of for the same reasons as the common order dated 02.05.2018 in W.P.No.33936 of 2011 and batch, having regard to the submissions of counsel and in view of the benefit extended by the Hon'ble Supreme Court in B. Srinivasulu v. Nellore Municipal Corporation.

Ratio / Principle

The authorities concerned are directed to reckon the petitioner's services from the date of completion of five years in service, on or before 01.11.1990, for the purpose of his pension and pensionary benefits.

Key takeaways

The petitioner shall not be entitled to actual monetary benefits for the said period in the form of arrears of pay or allowance; the reckoning is notional only. There shall be no order as to costs.ratio¶40

Detailed headnote1 paragraphs

Service Law - Regularisation - Reckoning of service for pension - Petitioner, a retired Principal (earlier Junior Lecturer in Commerce), sought regularisation of services from 01.11.1990 (completion of five academic years) as per G.O.Ms.No.221, Education (C.E.I-2) Department, dated 20.06.1995, instead of 30.10.1996 as per G.O.Rt.No.225, for pensionary benefits - Writ petition under Article 226 disposed of at the stage of admission with consent of parties, following the common order dated 02.05.2018 in W.P.No.33936 of 2011 and batch and the benefit extended by the Supreme Court in B. Srinivasulu v. Nellore Municipal Corporation (2021) 13 SCC 460 - Authorities directed to reckon the petitioner's services from the date of completion of five years in service (on or before 01.11.1990) for pension and pensionary benefits - However, petitioner not entitled to actual monetary benefits for that period by way of arrears of pay or allowance - No order as to costs - Miscellaneous petitions, if any, closed.

[³³⁰¹ ]

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

TUESDAY, THE SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE

PRESENT

THE HONOURAB.LE SRI JUSTICE PULLA KARTHIK

WRIT PETITION NO: 504OF 202s

Between:

Y.Gurava Reddy, S/o.Venkat Reddy. aged 62 years, Retired Principal. Government Junior Colleqe. Bodhan, Fyo.H.No.1-3-167, Azamgung, Bodhan, Nizamabad District.

.....PETITIONER

AND

State of Telangana, represented by its Principal Secretary, Higher Education (1.E.) Deparlment, Secretariat, Hyderabad.

2 The Commissroneri Director of lntermediate Education, State of Telangana, Hyderabad.

.....RESPONDENTS

Petition Under Artrcle 226 of the Constrtution of lndia praying that in the circumstances stated in the affidavit filed therewrth, the High Court may be pleased to declare the action of the Respondents in not considering the case of the petitioner for regularizatron of his services as Junior Lecturer in Comrnerce with effect from 01-1 1-1 990 the date on which the petitioner put in a service of 5 acadenlic years as^per G.O.Ms.No.221 , Education (C.E.l-2) Dept, dated 20-061995 notionally as illegal, arbitrary,.discriminatory, violative of Aiticle l4 and 16 of the Constitution of lndia by issuing appropriate writ, order or direction more particularly in the nature of Mandamus and consequently direct the Respondents to c0nsider the case of the^petitioner for regularisaiion of his services wltiiitt6ct from 01-11-'1990 as per G.O.Ms.No.221, Education (C.E.l-2) Department, dated 20-06-1995 instead of from 30-10-1996 as^per G.O.Rt.No.225, Educdtidn (CE.l) Department for the^purpose of^pension and^pensionary benefits forthwith ir1 terms of order of the Hon'ble Court in Govt. of A.P. Vs.N.Venkaiah and others (2018

Lawsuit(Hyd) 191 anl a so lhe Judgment of the Hon'ble Supreme Court rendered in B.Srinivasulu's Case 2021 (13) SCC 460 and further reiteratel in SLP (C) No.1381312018 dale7 23-07 -2024.

l.A.NO:1 OF 2025

Petition Under Section 151 CPC praying that in the gircumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the 1st Respondent to consider the representation of the petitioner dated 2O-11-2024 in terms of the Judgment of the Hon'ble Supreme Court in E.Srinivasulu's case (2021 (13) SCC460) pending disposat of the above writ petition.

Counsel for the Petitioner : SRI K.RAMA SUBBA RAO

Counsel for the Respondents : GP FOR SERVICES- I

The Court at the stage of admission made the foltowing ORDER

r

C

THE HON'BLE SRI JUSTICE PULLA KARTHIK

WRIT PETITION No.5O4 OF 2025

ORDER:

With the consent of both the^parties, the Writ Petition^is

disposed of at the stage o[ admission^itself.

This Writ Petition, under Artrcle 226 of^the

Constitution of India, is filed seeking^{the followingrelief:}

"...to declare the action of the^{Respondentsin notconsidering the} case of the petitioner for regularisation^{of hisservices as Junior} Lecturer in Commerce with effect from^{01.11.1990 the'dateon which} the petitioner put in a^service of 5^{academicyearsas per G.o.Ms.} No.221, Education^(C.E.I-2) Dept.,^{dated 20.06.1995notionallv,as} illegal, arbitrary, discdminatory,^{violative of Article 14 and16 of the} Constitution of lndia by issuing^{appropriatewrit, order or direction} more particularly in the nature^{of Mandarnus and consequently} direct the Respondents to consider^{the caseof the} Petitioner^for regularisadon of his services^{witheffect from 01.11.1990as perG.O.} M;.No.221, Education (C.E.l-2) Department,^{dated 20.06.1995} instead of from 30.10.1996 as^{per G.O.Rt.No.225,Educatiorr,(C.E.I)} Department for the^purpose of^{pensionand pensionarybenefits} forthwith in terms of order o[ the^{Hon'bleCourtin} Govt. of A.P v. N. Venkaiah^{and others(2018Lawsuit(Hyd)191} and also the Judgment of the^{Hon'ble SupremeCourt renderedin} B.Srinivasulu's Case^{(2021(13) SCC 460) andfurther reiterated in} sLP (C) No.r3813/2018, dated^{23.o7.2024...',}

Heard Sri K.Rama Subba^{Rao, learned counsel for}

the petitioner and^{learned GovernmentPleader for Services-I,}

appearing for the resPondents.

Learned counsel for the^{petitioner submits that} the subject matter of this Writ^{Petitianis squarelycovered by} the common order^passed by^{this Court in W.P.No.33936 of}

iI

2

2011 and bat<:h, dated 02.O5.2018, and requested this Court to pass similar order in the present Writ Petition also.

5, Thr: same is not seriously disputed by learned Government Pleacler for Services I.

Ha;ing regard to the submissions made by learned counsel for respectrve parties and for the reasons alik,: in the common order, dated 02.05.2018, in W.P.No.33936 of 2011 and batch anci in view of the benefit extended by the Hon'ble Supreme Cotrrt in B.Srinivasulu v. Nellore Mu nicipal

Corporationl, this Writ Petition is disposed of directing the authorities cr:ncerned to reckon the services of the pe titioner from the date of completion of five years in service, on or before 01.1I.1990, for the purpose of his pension and pensionary trenefits. However, he shall not be entitled to actual monetary ber-refits for said period in the form of arrears of pay or allowance. There shall be no order as to costs

MiscellarLeous petitions pending, il an1,, shall stand

clo sed.

SD/. P. PADMANABHA REDDY ASSISTANT REGISTRAR

//TRUE COPY//

SECTION.OFFICER

To

1 The Principal Sr:cretary, Higher Education^(1.E,) Deparuma, Secretariat, State of Telangana at Hyderabad.

The Commissroner/Director of lntermediate Education, State of 1'elangana, Hyderabad.

v\

J Two CCs to GP FOR SERVICES^-1, High Court for the State of lelarrgana ai Hyderabad. [OLlTl

One CC to SRI K. RAtr,4A SUBBA RAO, Advocate IOPUCI 5 Two CD Copies

SA GJP

HIGH COURT

DATED:0710112025

ORDER

WP.No.504 of 2025

.ra'--< 1r. ii: U
I (.o c
t
e
co<.r 29 ,riil ?[?.tr
*
t DEsF 4t

DISPOSING OF THE W,P

AT THE STAGE OF ADMISSION

WITHOUT COSTS.

@c{u'W