The State Of A.P And 2 Others vs. R.V Subba Rao - Telangana High Court, 12 September 2022

Cause title — parties, addresses and appearances

Between: 1 . The state Government of A.P. rep. by its.secretary to Government, Finance (Admn.ll) Department, Secretariat, Hyderabad 2. The Director of state of Audit, 6th Floor lnsurance Building complex, Tilak Road, Abids, Hyderabad-50000 1 3.TheRegionalDeputyDirector'stateAudit(Zone-lll),PrakasamBhavan Ongole, Prakasam District, A P. ...PETITIONERS R V Subba Rao, S/o Late Hanumarah, aged about 91 y9-9", Occ Retd . s'el,ioitEctri"i'or lttCC HRD lnstitute dt R R,lRuoit officer, Local F-und o"oartr"ni - rlow State Rudit Department) (Presently resrd-ing-at LIG l/3'1 uolv Njgjt Sanjeeva Reddy Nalar (P.o) Hvderabad - 500 038) [ 3308 ] HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (SPecial Original Jurisdiction) IVIONDAY, THE TWELFTH DAY OF SEPTEIMBER TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SRI JUSTICE ABHINAND KUMAR SHAVILI AND THE HONOURABLE SRI JUSTICE K. SARATH WRIT PETITION NO :22574 OF 2009 ...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 or direction more particularly one in the nature of "writ of certiorari,, calling for the records relating to the orders of the Hon',ble A. P Administrative Tribunal, Hyderabad passed in o.A No. 295612002 dt 10-02-2009 as being erroneous, illegal and unreasonable and quash the same' LA. NO: 1 OF 2009(WPMP. NO: 293'tl oF 2009) 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 suspend the orders of the Andhra Pradesh Administrative Tribunal passed in AND :,; q :i 1 ,il f { ,t ., O.A No 2g56t2OO2 dl 10-02-2009, including all further proceedings pending disposal of the Writ Petition, Counsel for the Petitioners: GP FOR SERVICES ll Counsel for the Respondents: None appeared

The Court made the following: ORDER thereon i { ',1 J { I I

HON'BLE SRI JUSTICE ABHINAND KUMAR SI IAVILI AND HON'BLE SRI JLSTICO K.SARATH W.P.No.22574 OF 2009 -'ORDER: (Per If on'bte *i Justice Abhinand Kumar Shavil, Aggrieved by the order dated 70.02.2009 passed in O.ANo.2955 of 2002 by the Andhra Pradesh Administrative Tribunal, Hlderabad, the present writ petition has been filed Heard leamed Govemment Pleader for Services-Il appearing for the petitionen. None appears for the respondent. It is the case of the petitioners that the respondent is a retired Audit Officer and earlier he has filed O.ANo.848 of t992 seeking assignment of notional dates for regularization with effect from 07 .07 .19 62, 21.02.19 68 and l4.O3.199tin the cadre of Senior Auditor, fusistant Audit Officer and Audit Officer byplacrng his name immediately before P.Ananda Rao and above SVL Naral,ana and the said O.A was allowed uitle order dated 1L.02.1992. In pursuance of the order passed by the Tribunal, the State Govemment had issued G.O.Ms.No.226, dated 26.12.1992 l !

l and G.O.A4s.No.13, dated 17.01.1994 and thereafter. the respondent has ret ired from service. kamed Govemment Pleader appearing for the petitionels had contended that the pedtioners have noticed that the respondenr is not entitled for notional regularization of his services and accordingly issued proceedings dated 2B.O3.2OOO and 25.05.2001 and 04.07.2001 and 31.12.2001 by reviewing the panel. Aggrieved by the said order, the respondent has filed O.ANo.2955 of 2002 and without appreciating any of the contentiorls rated bythe pedrioners, the Tribunal uide order darcd 10.02.2009 allowed the said O.A by setting aside the proceedings dated 28.03.2000, 25.05.2007 and A4.O7.2OOl and 31.12.2001. Therefore, appropriate orders be passed in tlre writ perition by setting aside the orrder passed by the Tribunal. Flr"i"g considered the said submissions, this Coun is of the view that the State Govemmenr has issued G.O.NIs.No.1l , dated 17.0L.L994 in punuance of the order dated 17.02.7992 passed by the Tribunal in O.ANo.848 of 1992. \X4ren the State Govemment has implemented the fv, 1 .: / order passed by the Tribunal in O.ANo. g4g of 1992, the pedtionen could not have issued the impugned proceedings that roo after reriemenr of the respondent. Therefore, the Tribunal was justified in allowing the O.A Hence, we are not inclined to interfere with the or.der passed by the Tribunal. Accordingly, the lVrit petition is dismissed. No costs. Miscellaneous peririoru, if any, pending shall srand closed. SO/-K.SREERAMA MURTY //// ASSISTAi LREGISTRAR To, r' rr\r'L \'rJrr" sEcffir .FFI.ER '

Two CCs to Gp FOR SERVICES lt, High Court for the State of Telangana ^^a, ,*o CD Copies BS Bse l l n

HIGH COURT DATED:1 210912022 ORDER ;;,lf {il I l ! ,r A 'i q \ j a { i + iZ itr lt: ) a-.'rS .\s WP.No.22574 of 2009 DISMISSING OF THE WRIT PETITION WITHOUT COSTS -l<.4 x- gStr ,(/, a,- \