HON’BLE MRS. JUSTI CE SUREPALLI NANDA

WRI T PETI TI ON No.20708 OF 2023

ORDER:

Heard Sri J.R.Manohar Rao, learned counsel

appearing on behalf of the petitioner and the learned Assistant Government Pleader for Services-I , appearing

on behalf of respondent Nos.1 to 4.

2. The petitioner filed the writ petition seeking the

following relief

“… to issue a writ, order or direction more particularly one in the nature of writ of Mandamus declaring the Memo No.12564/VC-1/2006-20 dated 01.09.2022 issued by the 1^st respondent and the consequential proceedings in Rc.No.17837/VC- D/2001 dated 14.08.2023 issued by the 2^nd respondent and communicated to the writ petitioner on 16.08.2023 as being illegal, arbitrary and violative of rights guaranteed under Article, 14, 16 and 21 of the Constitution of India and consequently set aside the same directing the respondents herein to pay pension, gratuity and other retirement benefits with interest at the rate of 18% per annum to the petitioner and also to pay the other benefits mentioned in para-4 of the writ affidavit and to pass

such other order or orders and to pass....”

3. The case of the petitioner, in brief, as per the averments made in the affidavit filed in support of the present writ petition, is as follows:

i) The petitioner was initially appointed as a Medical Officer on 15.12.1989 at the PP Unit, Chelpak, Warangal District. On 04.09.2003, the petitioner was placed under suspension. An enquiry was conducted by the Additional D.M. & H.O., who was not the competent authority, and based on the said enquiry, the Government issued G.O.Ms.No.62 dated 09.03.2006, dismissing the petitioner from service.

ii) The petitioner filed O.A.No.3755 of 2006, and the learned Tribunal passed an order dated 13.08.2009 by setting aside the dismissal and the enquiry report, remanded the matter for a fresh enquiry under Rule 20 of the A.P.C.S. (CC&A) Rules, 1991, with a direction to complete the said enquiry within six months. However, the second enquiry was conducted only in 2013 by the D.M.&H.O., Ranga Reddy District. The Director of Medical and Health did not accept the report and ordered another re-enquiry.

The third enquiry was conducted on 24.03.2017, and the report was submitted to the 2^nd respondent.

iii) The petitioner thereafter filed W.P.No.7868 of 2017, which was allowed on 18.07.2017 in favour of the petitioner, but the orders were not implemented. Despite directions issued by the Director of Public Health & Family Welfare on 25.06.2019 to regularize the suspension period, no final orders were passed. Aggrieved by the same, the petitioner has approached this Court by filing the present writ petition.

4. PERUSED THE RECORD:

(A) The relevant portion of the impugned memo No.12564/ VC-1/ 2006-20 dated 01.09.2022 issued by the respondent No.1, is extracted hereunder:

“Attention of the Director of Public Health & Family Welfare, Telangana, Hyderabad is invited to the references cited. In the reference 2^nd cited, it was requested to implement the orders dated: 18/07/2017 of the Hon'ble High Court in W.P.No.7868 of 2017 filed by Dr. M. Suresh Kumar. 2. In the reference 3^rd cited, Director of Public Health & Family Welfare has submitted proposal for regularization of suspension & dismissal period with effect from 08/09/2003 to 31/01/2008 in respect of Dr.M.Suresh Kumar, Medical Officer, formerly at Primary Health Centre, Poduru, Ranga Reddy District (now retired).

3. After examination of the matter, Government hereby regularize the suspension and dismissal period with effect from 08/ 09/ 2003 to 31/ 01/ 2008 of Dr.M.Suresh Kumar, -Medical Officer, formerly at Primary Health Centre, Poduru, Ranga Reddy District (now retired) as "not on duty" in terms of F.R.-

54(A)(2) read with F.R.-54(5).

4. The Director of Public Health & Family Welfare, Telangana, Hyderabad shall take further action accordingly.”

(B) The relevant portion of the consequential impugned proceedings vide R.C.No.17837/ VC-D/ 2001 dated 14.08.2023 issued by the