Back
IN THE HIGH COURT OF FOR THE STATE OF TELANGANA
M.S. Ramachandra Rao, T. Amarnath Goud, JJ.
G. Naganna - Appellant
Versus
State Of Andhra Pradesh - Respondent
Writ Petition No. 4139 of 2020
Decided On : 18-08-2020
A.P. Reorganization Act, 2014 - Section (2) of Section 77 with Sub-Section (2) of Section 80 - Seeking allotment to the State of Telangana prior to the tentative allocation - Bifurcation of state - Challenging the inaction of 1st respondent and 4th respondent in repatriating/finally allocating him – Petitioner seeks a direction to repatriate / finally allocate him to the State of Andhra Pradesh and other ancillary reliefs - Petitioner had been recruited as Sub-Inspector of the erstwhile composite and had reached the level of Dy. Superintendent of Police by way of promotion - Petitioner appears to have given an option in 2016 seeking allotment to the State of Telangana prior to the tentative allocation, he gave representations on 28.07.2017 and 14.10.2017 to the 2nd respondent stating that he was pressurized to give such option and that he was withdrawing the said option, But, notwithstanding the same, he was relieved by the Director General of Police (A.P.), Guntur on 20.10.2017 vide orders dt.30.10.2017. He then reported to duty in the State - Writ Petition, he attained the age of 58 years, which is the prescribed age of superannuation in the State of Telangana on 30.04.2020, and he has been retired from service by the State - Held, According to the 2nd respondents counter, a Sub-Committee of the State Advisory Committee constituted in a meeting held on had approved (a) that the cadre strength is to be notified again in respect of DSsP, Additional SsP and SP(NC) posts duly canceling the earlier notification; and (b) that options may be called for afresh from the employees in the cadres of DSsP, Additional SsP and SP(NC) posts, duly canceling the earlier notification calling for the options - In the light of the above decision, There is a likelihood of fresh options being called for from the officers in the cadres Superintendents of Police, Additional Superintendents of Police and Superintendents of Police (NC) posts and the petitioner, in such an event, can also opt for the residuary State of Andhra Pradesh - We are not expressing any opinion as to the State to which the petitioner might get finally allocated by the Union of India since it is premature for us to take any view on that aspect , having regard to the directions we propose to issue in the matter - Petition is partly allowed
JUDGMENT
M.S. Ramachandra Rao, J. - In this Writ Petition petitioner is challenging the 'inaction' of the State of Andhra Pradesh (1st respondent) and the Director General of Police (A.P.), Mangalagiri, Guntur (4th respondent) in repatriating/finally allocating him to the State of Andhra Pradesh as arbitrary, capricious, illegal and violative of Articles 14 and 16 of the Constitution of India. He seeks a direction to the State of Andhra Pradesh, the Member Secretary to Advisory Committee, A.P. ReOrganization, Telangana Secretariat, Hyderabad (2nd respondent) and the State of Telangana (3rd respondent) to repatriate / 'finally' allocate him to the State of Andhra Pradesh and other ancillary reliefs.
2. The Director General of Police (TS) has been impleaded as the 5th respondent in the Writ Petition.
3. The petitioner filed I.A.No.4 of 2020 to implead the Union of India, rep. by its Secretary, Ministry of Personnel, PG & Pensions, Department of Personnel and Training, New Delhi as the 6th respondent in the Writ Petition and it was ordered on 09.06.2020.
The background facts
4. The petitioner had been recruited as Sub-Inspector in 1989 in Zone-IV (Kurnool District) of the erstwhile composite State of Andhra Pradesh and had reached the level of Dy. Superintendent of Police in 2009 by way of promotion.
5. After the bifurcation of the composite State of Andhra Pradesh into the new State of Telangana and the residuary State of Andhra Pradesh w.e.f. 2.6.2014 by the A.P. Reorganisation Act, 2014 (for short "the Act"), the petitioner was 'tentatively' allocated to the State of Telangana along with ten other Dy. Superintendents of Police vide Notification No.12731/SR.1/A.1/2015 dt.25.07.2016.
6. Though the petitioner appears to have given an option in 2016 seeking allotment to the State of Telangana prior to the tentative allocation, he gave representations on 28.07.2017 and 14.10.2017 to the 2nd respondent stating that he was pressurized to give such option and that he was withdrawing the said option.
7. But, notwithstanding the same, he was relieved by the Director General of Police (A.P.), Guntur on 20.10.2017 vide orders dt.30.10.2017. He then reported to duty in the State of Telangana on 26.10.2017.
8. The petitioner, at the time of filing the Writ Petition, was working as Assistant Commissioner of Police, Traffic Police Station (South Zone), Charminar, Hyderabad.
9. During the pendency of the Writ Petition, he attained the age of 58 years, which is the prescribed age of superannuation in the State of Telangana on 30.04.2020, and he has been retired from service by the State of Telangana on that date.
The grievance of the petitioner
10. The main issue to be considered in the Writ Petition is the 'final' allocation of the petitioner after the bifurcation of the erstwhile composite State of Andhra Pradesh into the new State of Telangana and the residuary State of Andhra Pradesh.
11. Petitioner contends that he ought to be 'finally' allocated to the State of Andhra Pradesh as the earlier allocation made on 25.07.2016 was only 'tentative'.
12. Though certain reliefs have been sought by the petitioner in the Writ Petition in regard to his provisional allotment also, in our considered opinion, owing to his retirement in the State of Telangana on 30.04.2020, such reliefs have become infructuous.
13. The only issue which remains for consideration is the issue of his 'final' allocation, to either the new State of Telangana or the residuary State of Andhra Pradesh, which admittedly has not happened till date.
14. It is not in dispute that if he were to be allocated finally to the State of Andhra Pradesh, he would be entitled to serve till he attained the age of superannuation of 60 years, but if he were to be finally allocated to the State of Telangana, he would not get any such benefit as the age of superannuation in the said State remains at 58 years.
The statutory regime for consideration of the petitioner's claim:
15. As already stated abo
The main legal point established in the judgment is the binding effect of the settlement between the parties, the waiver of the right to seek re-employment by the workmen, and the entitlement of the ....
A lockout is justified if it is declared in response to an illegal strike or a strike that is in breach of a settlement or award.
The combination of eyewitness testimonies, recovery of the weapon used, and forensic examination results can establish guilt in criminal cases, even based on circumstantial evidence.
The conviction of an accused person under Section 27(3) of the Arms Act is not permissible in law if the accused is also charged with committing murder under Section 302 of the Indian Penal Code.
The court can enhance compensation based on the deceased's income and family dependency, and adjust the multiplier used by the Tribunal if found unjustified.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
