✦ High Court of India · 03 Feb 2025

High Court · 2025

Case Details High Court of India · 03 Feb 2025
Court
High Court of India
Decided
03 Feb 2025
Length
1,081 words

SuOiisnan Nagar Cdlony,' Opp HCU Telangana. 3. Sri. BiNagaraju, S/o. B. Kotaiah, Aged about 43 years, Occ Clerk Sy1digqt9 Ajni, Nizimp'etb Branch (3071). Nlzampeta, Hyderabad, FL/o. Flat No'401' ahigb*an Heights, Vijayanaglr Colony' Near Huda Park, Kukatpally, Hyderabad, Telangana. +. Sii. tr,l. Haii Krisn"na, S/o. Brahma Chary, Aged about 39 years, Occ^Clerk Svndicate Bank, Chandanagar Branch (3085). Hyderabad, Rl/o. H'No C/713' Phase-1, Allwyin Colony, Kukatpally. Hyderabad, Telangana. 5. Sri. B.R. Zdmeer, Slo. Rahamthulla, Aged about 43 years, occ ulerk Svndicate Bank. Zonal lnspection Centre (3001). Hyderabad, l-<"/o Flat U6.gO+, Shivams Pride. Risala Bazar, Bolaram, Secunderabad, Telanganlt- 6. Sri- C Shravan Kumar, S/o. Pentaiah, Aged about 42 years, Occ Clerk Svndicate Bank J.S.N Colony Branch (3045). Habsiguda, Hyderabad' lvo' H:No.6-4-381, Bhoiguda, Secunderabad, Telangana. 7. S;i. E. rrtiranjin, S/"o. Late E. Ranga Rao, Aged about !? years, ,occ 9lerk Svndicate Bink, SD Road Branch-(3019). Hyderabad, Rl/o.Flat No 314' sv Biindavanam, Boduppal, Hyderabad, Telangana. 8. Sri. Aiav Kumar Sinbh, S/o. Nanhku Prasad Singh, Aged about 42 years' Occ Clerk'syndicate Bank, APS Begumpeta Branch (3-048i. Hyj'.erabqg' Ivg ll9t No.102, Bloomsdale Residency, Rly Employee Colony, Phase-ll, Llolaranr, Near ARK Homes, Secunderabad, Telangana- s. Sri. S6adab Arjni, slo. Sree Ramaiah k, Aged about 41 years, Occ. Clerk Svndicate Bank. J.S.N Colonv Branch (3045). Habsiguda, Hyderabtd' l-uo' H:No.4-2913/5-202, Flat No.202, Near Sai Baba Temple, Road No'7' tsuddha Nagar, Opp Uppal Bus Depot, Hyderabad, Telangana. ,..PETITIONERS AND 1 The Union of lndia, Rep. by its Secretary, Ministry of Finance' Qeqqrtq.el!9f Finin"iat Services'Jeevanbeep, 16th Padiameni Street, New Delhi 11000'1

2. The Union of lndia,.Re.p. by Joint Secretary, Ministry of Defen ;e, Department 3. The Union of lndia, Rep.by its Secretary, Ir/inistry of personaj, public of Ex.Servicerren Welfare Sena Bhavan, New Delhi Grievance An,i Pensions, Department 6f person-al and Trainir 3 2nd Floor, Sardarpatel B r;lvan, Sansad Mark, New Delhi 100001 Centre-|, 6th F loor, Cuffe Parade, Ir,4umbai-400005.

4. The President lndian Banks Association, World Trade Centre Complex, 5. The General M;rnager, Syndicate Bank, Head Office, tr,4anipal Karnataka 6. The Assisiant General Manager, Regional Office, Syndicate Bank, 6-2- State 915,.HMWS arJ SB Building, West Block, 2nd floor, Khairatat.ad, Hyderabad, Telangana. ...IIESPONDENTS Petition unde Article 226 of the constitution of lndia pra,ring that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to issue an appropriate writ order or direction more one n the nature of wRlr oF MANDAMiS declaring the action of the 6th respondert in issuing the individual letters to t re petitioners in different dates as mentioned n annexure re- fixing the basic pay rf petitioners reducing the salary with effer;t from date of joining of the petitiorers in the respective banks relying on the irrelevant circulars vide Ref No.17l94lE\(), dated 22.01.1994 and pD HROD pAy EX-SER/3270, dated 15.02.20'1 3 vrhich have no basis for the impugned pr;ceedings and proposing to take a:rion to recovery of any excess payment frr m the date of joining and also impk;menting the re-fixation of pay deducting th: salary of the petitioners from the rnonth of september, 2017 without the issuing prlor notice to the petitioners as ill,:,3a1, arbitrary and violative of principles of 'latural Justice and set aside the r;ame and consequenfly direct the 6th resg ondent not to recover the excess amount paid bn account of review of the rasic pay and continue to pay the o rl basic pay which includes, I\,4ilitary Service p ay (lMSp) lA NO: 1 OF 2018 Petition under S ection 1 sl cpc praying that in the circumstr rnces stated in the affidavit filed in support of the petition, the High court may be pleased to direct the respondents to continue to pay the old pay scale which ir cludes Military service pay (MSP) ard not to recover excess amount paid on account of review of the re-fixation of rasic pay from the pay scare of petitioner rry suspending proceedings issued b I the 6th respondent as mentioned in the anne,xure lA NO: 2 OF 2018 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in suppo( of the petition, the High Court may be pleased to direct the respondents to pay the old pay scale to the petitioners which was in existence prior to deduction of military service pay (MSP) Counsel for the Petitioner: SRl. BALA MUKUND RAO REP SRI Y. NAGI REDDY Counsel forthe Respondent Nos. 1to3: SRI GADI PRAVEEN KUMAR, Counsel for the Respondent Nos.4to6: SRI A. KRISHANAM RAJU DY.SOLICITOR GENERAL OF INDIA The Court made the following: ORDER THE HONoURABLE SRI JUSTICE PULLA KAF]THIK II/RIT PETITION No.821 OF. 2018 ORDER: When tlr: matter is taken up for hearing, ln Bala Mukund Rao, learned counsel representing Sri Y.NaEi Reddy, learned counsel for the petitioners, submits that due to efflux of time the carrse in the present Writ Petition does no. survive for adjudicatiorr arrd the matter has become inlrlrctuo rs.

2. Recording, the above said submission, this Writ petition is dismissed a,; infructut_rus. Miscellarr,:ous petitions, if aly, pending in tl ris Writ Petition, shall stand closed. There shal1 be no ord )r as to costs. t: I l //TRUE COPY// SD/-S. MALLIK ARJU NA RAO SSISTAN T REGISTRAR ".I SECI ION OFFICER + ,dr Y. NAGI REDDY, Advocate loP (JADI PRAVEEN KUMAR, DY. SOLICITOR GI NERAL OF A KRISHNAM RAJU, Advocate [OpUC] To, 1 2 3 4 One CC to SRI One CC to SRI. rNDtA [OPUC] One CC to SRt. Two CD Copies BM GJP 'r' I HIGH COURI" DATED:03102'.12025 ) ORDER WP.No.821 of 2018 /.''': frt+: (r. ri) 22 APn 20m i D€ Sn7,- r u(1O DISMISSING THE WRIT PETITION AS INFRUCTOUS WITHOUT CC)STS e /z 1a,/?./4f I l l I I ; I I t i i ' I i i I I I i I I I i : I I I I I I i I I I 1

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