IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)

MONDAY, THE TWELFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FOUR

PRESENT

THE HONOURABLE SMT JUSTICE T. MADHAVI DEVI

WRIT PETITION NO: 680 OF 2020

Between:

P. Gamaiah, S/o Somaiah, aged 59 years, Occ: NMR (Lascar), O/o Dy. Executive Engineer, Nagarjuna Sagar Canal (NSC), O & M Sub-Division, Tripuraram, Nalgonda Dist.

...PETITIONER

AND

• 1. The Dy. Executive Engineer, NSC O & M Division, Tripuraram, Nalgonda Dist
• 2. The Executive Engineer, NSC O & M Division, Miryalaguda, Nalgonda Dist.
• 3. The Superintending Engineer NSBC, O & M Circle, Miryalaguda, Nalgonda District
• 4. The State of Telangana, rep. by its Principal Secretary, I & CAD Department Secretariat, Hyderabad.

...RESPONDENTS

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ order or direction more particularly one in the nature of Writ of Mandamus declare the action of the respondents in dis-engaging the petitioner from service from the post of NMR (Lascar) w.e.f 31-1-2019 orally without any notice or opportunity as highly illegal, arbitrary and contrary to the Memo.No.WCE/E3/587/Vol.III, dated 21-2-2009 and consequentially this Honble Court may be pleased to declare that the petitioner is entitled to continue in service as NMR (Lascar) till attaining age of 60 years with all consequential benefits.

IA NO: 1 OF 2020

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents herein to continue the petitioner in service as NMR (Lascar) pending disposal of the above writ petition.

Counsel for the Petitioner: SRI SHAIK HAMEED Counsel for the Respondents: GP FOR IRRIGATION & CAD The Court made the following: ORDER

HON'BLE SMT. JUSTICE T. MADHAVI DEVI <u>WRIT PETITION No.680 of 2020</u>

ORDER:

In this writ petition, the petitioner is seeking a writ of mandamus declaring the action of the respondents in disengaging his services from the post of NMR (Lascar) with effect from 31.01.2019 orally as illegal, arbitrary and contrary to Memo No. WCE/E3/587/Vol.III, dated 21.02.2009 and consequently, to declare that the petitioner is entitled to continue in service as NMR (Lascar) till attaining the age of 60 years with all consequential benefits.

2. Learned counsel for the petitioner submitted that the petitioner was initially engaged as NMR Man Mazdoor on 21.08.1983 and worked as such till 20.12.1984 and thereafter, his services were disengaged. It is submitted that after a long litigation, as per the decision of the Apex Court, the petitioner and others were taken into service and subsequently, his services were disengaged with effect from 31.01.2019 on the ground that he has attained the age of 60 years. It is further submitted that as per his Physical Fitness Certificate and Age Proof Certificate, he has not attained 60 years by 31.01.2019, but he will by 31.01.2021. The learned counsel for the petitioner has also drawn the attention of this Court to the representation made by the petitioner dated 21.12.2019. It is further submitted that the respondents have not issued any notice before disengaging the services of the petitioner. 3. Learned Government Pleader for Services-II, relying upon the averments in the counter affidavit, submitted that duly considering the certificates produced by the petitioner at the time of engaging his services such as School Record Sheet and Transfer Certificate issued by Upper Primary School, Kanagal, Nalgonda, wherein the date of birth of petitioner was recorded as 05.01.1959, the respondents rightly disengaged the services of the petitioner with effect from 31.01.2019 on attaining the age of 60 years. It is further submitted that even if the Physical Fitness Certificate produced by the petitioner is taken into consideration, he would have been disengaged even much earlier i.e., on 28.02.2017 itself. Therefore, the learned Government Pleader submitted that there is no illegality in disengaging the services of the petitioner with effect from 31.01.2019.

3. Having gone through the submissions of both the learned counsel, this Court finds that the age of retirement at the relevant point of time was 60 years and as per the School Certificates submitted by the petitioner, his date of birth was recorded with the respondents and the petitioner was made to retire from service with effect from 31.01.2019 on attaining the age of 60 years. Therefore, this Court finds no merit in the writ petition.

The writ petition is accordingly, dismissed. No costs.

Pending Miscellaneous applications, if any, shall stand closed.

//TRUE COPY//

SD/-A.V.S. PRASAD ASSISTANT REGISTRAR SECTION OFFICER

• 1. One CC to SRI SHAIK HAMEED, Advocate [OPUC]
• 2. Two CCs to GP FOR IRRIGATION & CAD, High Court for the State of Telangana. [OUT]

Two CD Copies RN

2

HIGH COURT

DATED:12/02/2024

12 19 FED DESPATCHED

ORDER

WP.No.680 of 2020

DISMISSING THE WRIT PETITION WITHOUT COSTS