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2023 Supreme(Online)(Tel) 27243

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
T. MADHAVI DEVI, J
Buggoju Shankara Chary – Appellant
Versus
The Director of Public Health and Family Welfare – Respondent
WP/27577/2023



ORDER:

This Writ Petition is filed for the following relief:-

“…Writ of Mandamus declaring the inaction of the respondent authorities in appointing the petitioner on contract basis as Multi-Purpose Health Assistants (Male), despite securing more marks than the candidates who secured less marks than the petitioner who were appointed as Multi-Purpose Health Assistants (Male) in terms of G.O.Rt.No.1207 dt.9.10.2013, as being illegal, arbitrary, unilateral and unconstitutional and consequently declare the petitioner herein is entitled for appointment to the post of Multi-Purpose Health Assistants (Male) and to pass…”

2. When the matter is taken up for hearing, it is submitted by the learned counsel for the petitioners that the lis in the present Writ Petition is squarely covered by the order of this Court dated 23.09.2022 in W.P.No.33282 of 2022 and the same is not disputed by the learned Government Pleader for Services-II appearing for the respondents.

3. In view of the same and for reasons alike, this Writ Petition is disposed of at the admission stage in terms of the order dated 23.09.2022 in W.P.No.33282 of 2022, directing the respondents to issue appointment orders to the petitioners herein within a period of four weeks from the date of receipt of a copy of this order in the existing vacancies or by creating super numerary posts if necessary, if the petitioners are more meritorious than the candidates appointed vide G.O.Rt.No.1207, dated 09.10.2023. Since the delay in appointments cannot be attributed to the petitioners herein, the candidates shall be eligible for all consequential benefits such as notional seniority from the date of appointment of the candidates who were less meritorious to the petitioners herein and such seniority shall also be counted for the purpose of retirement benefits. However, the petitioners shall not be entitled to back wages. There shall be no order as to costs.

4. The office is directed to append a copy of the order dated 23.09.2022 in W.P.No.33282 of 2022 to this Writ Petition for ready reference.

5. Miscellaneous petitions, if any, pending in this Writ Petition, shall stand closed.

____________________________ JUSTICE P.MADHAVI DEVI

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