Telangana High Court
M. Venkata Chary vs The District Educational Officer on 18 January, 2023
HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR
WRIT PETITION(TR) No. 3564 OF 2017
ORDER:
Heard learned counsel for the petitioners and learned Government Pleader for Services-I appearing for respondents. With the consent of both the parties, the writ petition(TR) has been taken up for disposal.
2. This Writ Petition(TR) is filed seeking to declare the action of the impugned orders issued by 2nd respondent vide proceedings Rc.No.4393/SerIV2D23/2011, dated 27.12.2014 rejecting the request of the petitioners for counting notional seniority and service from 06.08.1996 to September/October 2001 for automatic advancement scheme and pensionary benefits as illegal, arbitrary, discriminatory and against the law laid down by the Apex Court in Balwanth Singh Narwal other V. State of Haryan & others, dated 08.07.2008 and Delhi High Court in Government of NCT of Delhi and Another, Dr.Pawan Kumar N.Mali and others Dated 03.02.2011 and Ashok kumar another Vis MCD others on 04.02.2011 and in violation of Articles 14 and 16 of the Constitution of India and set aside the same and consequently held that the applicants are entitled for counting notional seniority and service from 06.08.1996 to September/October 2001 for automatic advancement scheme and pensionary benefits with all consequential benefits.
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3. Today, when the matter has been taken up for hearing, learned counsel for the petitioners submits that the present Writ Petition(TR) is squarely covered by the order dated 29.06.2017 passed by the Hon'ble Division Bench of this Court in W.P.No.21193 of 2017 and the same is not disputed by the learned Government Pleader for Services-I appearing for respondents.
4. In view of the submission made by the learned counsel on either side, this Writ Petition(TR) is allowed, with a direction to respondents authorities to consider the petitioners' case in terms of the order passed in WP No.21193 of 2017, dated 29.06.2017 and pass appropriate orders in accordance with law, as expeditiously as possible, preferably within a period of eight (08) weeks from the date of receipt of the order and communicate the same to the petitioners.
Miscellaneous applications, if any pending, shall stand closed. No order as to costs.
__________________________ N.V.SHRAVAN KUMAR, J 18.01.2023 SHA Note: Registry is directed to annex the order copy of Writ Petition No.21193 of 2017, dated 29.06.2017 to this order.
Note: Issue CC in two days.