The Commissioner vs. Sri. K. Bhumanna

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WP/29799/2013HC TelanganaGSTCNR HBHC01057786201311 October 2022Bench: ABHINAND KUMAR SHAVILI,NAMAVARAPU RAJESHWAR RAO9 pages
For Petitioner: SRl. D.BHASKAR REDDYFor Respondent: SRl. S.JAGADISH

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Cause title — parties, addresses and appearances
t 3318 l (Speciat Original Jurisdiction) TUESDAY, THE ELEVENTH DAY OF OCTOBER TWO THOUSAND AND TWENry TWO PRESENT HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD Between: '1. The Commissioner, Nirmal Municipality, Nirmal, Adilabad District. , Iffi,i::";:ln[l*i & Reve n ue oi,isiiin i i onTc",,].r ir., r-r u-In iIipa r ity, r.r i,,, r, ...PETITIONERS AND 1 !1i K Bhumanna, s/o. sayanna working as Turn cocker, Nirmal Municioajitv. ^ Bio. H.No. 1-3-124t4st1,cjorijp"[r,ril.rXr]Ijtiriri oi.t,i"t 2. The Government of Andhra p;;J"rh; ;;;'b;i.-FiiI"iprr Secretary. Municioal Administration & Urban oevetopmeni D-;r;il;;i;'b.:";;;;;ii:iiiii;'s:: " u", Hyderabad-500 022 3 The commissioner & Director of Municipar Administration, Government of , +,nd$ Pradesh, A.C. Guards, UyOeradad. 4. I ne Regional Director cum Appellate Commissioner, Municipal Administration, Waranqal. 5. The Registrar, A.p.Adrin.Tribunal Hyderabad ,..RESPONDENTS Petition under Articre 226 0t the constitution of rndia praying that in the circumstances stated in the affidavit fired therewith, the High court may be pleased to issue a writ of certiorari or any other appropriate writ order or direction, calling for the records rerating to and connected with judgment of the Hon'ble A.P. Administrative Tribunal, dated 26.6.2012 passed in O.A. No. 970312011 and set aside the same by hording as iregar, arbitrary, contrary to raw THE HONOURABLE SRI JUSTICE ABHINAND KUMAR SHAVILI THE HoNoU RABLE SRI,,,,..AT,OA,AVARAP U RAJEsHWAR RAo WR|T pETtTtON NO: 29799 OF 2013 l.A. NO: 1 OF 2013(WPMP. NO:36052 OF 2013) Petition under Section 15'l CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to dispense with original order passed in O.A. No. 9703/2011 and batch, dated 26.6.2012 in filing the present Writ Petition l.A. NO:2 OF 2013(WPMP. NO:37005 OF 2013) Petition under section 151 cPC praying that in the circumstances stated in the affidavit filed in support of the petition, the Hlgh Court may be pleased to suspend the operation of the order dated 26.06.2012 passed by the A.p Administrative Tribunal in oA.No9703i2011 pending disposal of the writ petition Between: Sri. K Bhumanna, S/o. Sayanna working as Turn Cocker, Nirmal Municipalitv. R/o. H.No. 1-3-124149t1. Goilapet, Nirm,l, Adilabad District ...PETITIONER/1 ST RESPONDENT AND 1. The Commissioner, Nirmal Municipality, Nirmal. Adilabad District. 2. The Special Officer & Revenue' Divisional Officer, Nirmal Municipality, Nirmal, Adilabad District. ...RESPONDENTS/wRIT PETITIONERS 3. The Government of Andhra Pradesh, rep by its principal Secretary, Mu.n icipal Ad m inistration & U rban Develbprirent Department, Secr'etariat Buildings, Hyderabad-500 022. 4. The Commissioner & Director of Municipal Administration, Government of _ A.nOt1a Pradesh, A.C. Guards, Hyderadad. 5. The Regional Director cum Appeflate Commissioner, Municipal Administration, Waranqal. 6. 4.P. Administritive TriSunal, Rep. by its Registrar, purani Haveli, Hyderabad. ...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 granted in wpMp No. 37005/2013 in wp No. 29799/2013, dt.8.10.2013. l.A. NO: 1 OF 2014(WVMP. NO: 771 OF 2014) THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI THE HON'BLE SRI JUSTICE NAMAVARAPU ESIIWAR RAO Writ Petition No.29799 of 2O13 ORDER : (Per Hon'ble Justice Abhinand Kurnar Shau i) When the matter is taken up for hearing, learned counsel for the petitioners had informed the Court that the issue raised in the present Writ Petition is squarely covered by the judgment of a Division Bench of this Court passed in Writ Petition No.29030 of 2013 and batch. dated 1O.O8.2022. 2. This Court, having perused the record, is of the considered view that the issue raised in the present Writ Petition is squarely covered by the judgment of a Division Bench of this Court passed in Writ Petition No.29030 of 2013 and batch, dated 10.08.2022, and following the said judgment and for reasons alike, the present Writ Petition is also disposed of. 3. Accordingly, the Writ Petition is disposed of as above. No costs. AND Counsel for the Petitioners: SRl. D.BHASKAR REDDY Counsel for the Respondent No.1: SRl. S.JAGADISH Counsel for the Respondent Nos.2 to 5: GP FOR SERVICES I

The Court made the following: ORDER

AKS,J & RRN,] w9 29199 2o1) 4 As a sequel, miscellaneous applications pending if any in this Writ Petition, shal1 stand closed. 2 ,II N.SRIHARI ASSISTANT REGISTRAR €D SECTION OFFICER To PSK. SW

1.

The Principal Secretary, Municipal Administration & Urban Development Department, Secretariat Buildings, Government of Andhra Pradesh, Hyderabad-S00 022. 2. The Commissioner & Director of Municipal Administration, Government of Andhra Pradesh, A.C. Guards, Hyderabad.

3.

The Regional Director cum Appellate Commissioner, Municipal Administration, Warangal.

4.

The Registrar, A.P.Admn.Tribunal Hyderabad

5.

Two CCs to GP FOR SERVICES I, High Court for the State of Telangana, at Hyderabad. [OUT]

6.

One CC to SRI. D.BHASKAR REDDY, Advocate [OPUC]

7.

One CC to SRI. S.JAGADISH, Advocate [OPUC]

8.

Along with a copy of the Order d1.10.08.2022, W.P. No.29030 of 2013 and batch.

9.

Two CD Copies 8sr

HIGH COUITT DATED:1 111012022 ORDER WP.No.29799 of 2013 Disposing of The W.P Without costs. TO --i- '2.4\tz- :ii ST,q I \-.:=:, \ 03 t[N 2[23 ,;\| )' ll .+ ll +.r/ * ---/ gStr

HON'BLE SRIJUSTICE ABHINAND KUMAR SHAVILI AND HON'BLE SMT JUSTICE (;.ANUPAMA CHAKRAVARTHY \I/.P-Nos. . 29729. 29734.297 298"11 &. 300s0 ()F 201i COMMON ORDER: (Per L:Ioo'bte SriJusrice Abhiaand Kumat Sheuili) Since the issuc involved in all these writ petitions is onc and dre same, rhel- arc being hcard together and disposed of by war. o[this c<;mmon ordcr. It is the casc of rhc pctitioners that the respondeflts arc working as NMR rvorkers and when their selices were rcgularized wi tl.r prospcctivc c[[cct, thcy have filcd O.A.No.9702 of 2011 and batch contending that their services should be rcgularized from the date on which they have completed fir,e vcars o[ scrvice. 'I'he Tribuna] uide order dated 26.06.2012 allorvcd thc said batch of cases. Aggrieved by the same, the present rvrit pctitions are filed. Learned counsel appearing for the petitioners as well as learned Governmenr Pieadcr for Serviccs_I appearing for the respondents had faidy concedcd that the issue involved in all these writ pctitions is squarelv covcred bv the decision rendercd bt, the Apex (-ourt it B.Stiniualulu Nellore Municipal Corporaliont, and also common ordcr datc,-l 02.05.2018 passed by Division llcncl.r o[ this (-ourt in \X/ P.N<;.33936 of 201,1, and batcl.r Irollowinq thc dccisiort oi thc ,\pcx Ct>urt in 8.5'nniua-rulu Ne//0rc Lfudtipt/ C.orpt,ration and also thc c()mlll( )n ordcr datecl 02.05.2(ll8 passcd bl the l)iviston llcnch of tl.ris (-ourt in \\'.P.No.3i936 ol 2011 and batch and for thc rcasons alikc, all thc rvrit Pctitions arc disposed o[ dirccting the petitioners to c<-,nsiiict thc cases of thc rcspondents by duly takinE into considcrati<ln the abcx'e said judgments and pass appropriatc <>rdcrs in accordancc with law. It is nccdless to say tlrat thc rcspondents are entitled ttr on\ no,ionu, benefits, rvithout any monctaq' benefits- No costs. I Ciril Ameal No 6-,l I 8 of 201 5 decrded on I 7.{)B 2tll5

closed. Date: 10.08.2022 tkk Nolc: Registrr t() anncx copy ofdle contmon order daled 02 05 2018 passed in $'.P No .l-rq:,,i,r, lt)l I and hatch. Nfisccliancotrs pctitions, if an1,, pcnding shall stand ABI{INAND KUMAR SI{AVILIJ (;.ANUPAMA CHAKRAVARTI{Y,.I

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