Telangana High Court
Syed Shabuddin vs The State Of Telangana on 1 February, 2022
Author: T.Vinod Kumar
Bench: T.Vinod Kumar
HONOURABLE SRI JUSTICE T.VINOD KUMAR
WRIT PETITION No.4391 of 2022
ORDER:
1. This Writ Petition is filed to declare the action of the respondents, more particularly 3rd respondent, in not disposing of the petitioner's appeal, stated to have been filed on 07.05.2021 questioning the action of the respondents in issuing proceedings retiring the petitioner from service on the ground of being medically unfit.
2. Heard learned counsel for the petitioner, learned Government Pleader for Services-III appearing for 1st respondent and Sri N.Praveen Reddy, learned Standing Counsel appearing for respondents 2 & 3. With their consent, the matter is taken up for hearing and disposal at the admission stage through virtual hearing.
3. Petitioner contends that he was working in the post of Driver in A1 Category since long, but he was served with the order dt.01.09.2020 retiring him from services of the respondent-corporation stating to be medically unfit. It is further contended that against the said order dt.01.09.2020 terminating his services, the petitioner had filed an appeal with the 3rd respondent on 07.05.2021 and the same is pending consideration as of date and seeks a direction to the respondents to dispose of the said appeal.
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4. Sri N.Praveen Reddy, learned Standing Counsel appearing for respondents 2 & 3 on the other hand would contend that there is no provision of appeal against the impugned termination letter dt.01.09.2020, which the petitioner is stated to have filed on 07.05.2021. However, he would submit that if the petitioner makes a representation afresh to the 3rd respondent enclosing all the necessary documents, the 3rd respondent will consider the same in accordance with law.
5. Considering the above said submissions and having regard to the facts of the case, this Court is of the opinion that the petitioner can be directed to submit a representation afresh enclosing all the relevant material papers to the 3rd respondent, and the 3rd respondent is to be directed to consider the same in accordance with law, in a time bound manner.
6. In view of the same, petitioner is directed to submit a representation afresh to the 3rd respondent enclosing all the relevant documents within a period of two (02) weeks from the date of receipt of a copy of this order. Upon the petitioner filing representation as directed above, the 3rd respondent shall consider and pass orders in accordance with law, within a further period of four (04) weeks there from, and communicate its decision to the petitioner.
7. Subject to the above observations and directions, this Writ Petition is disposed of. No order as to costs.
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8. Consequently, miscellaneous petitions, pending if any, shall stand closed.
_____________________ T.VINOD KUMAR, J 01st February, 2022 gra