High Court · 2025

AND Sri R. Madhusudhana Reddy, S/o.R.Mukunda Reddy, Occ' Ex-Tech ' Asst ' Rl/o [.r.r".e-a r s, ReddyStreet, jinguon, Warangal District, Telangana - 506 167' .....RESPONDENT .....PETITIONERS Petition Under Article 226 of the Constitution of lndia praying 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 particularly one in thenatureofWritofCertiorariandcallfortherecordsandsetasidethejudgment in OA.No.1722t2O15, dt.27lO2t2O24, passed by Administrative Tribunal, Hyderabad Bench' the Honourable Central f. |.A.NO:1 OF 20r!5 Petitior Lrnrl :- section 151 cPC praying that in the cir;um;tances stated in the affidavit f le(i i r support of the petition, the High c)ourr ma y be pleased to suspend the cpr;r;r1 on of CAT Hyderabad order dated 27lO2l)_O2t in O.A.No_1722 of 2015 on the I le rf the Honourable central Administrative Trib rnal, Hyderabad bench, Hyderzrb,rd, pending disposal of writ petition. Counsel for the Peritioners : SRI G.R.S.AKHILESHWAR, LEi\RNTED COUNSEL REPRESENTINc; SI?I GADI PRAVEEN KUMAR, DEPUTY SoL.ICI.ToR GENERAL OF INDIA Counsel for the Re:;pondents : SRI G.PAVANA MURTHf The Court marie tl'rr, following ORDER THE HON'BLE SRI WSTICE ABHINAND KUMAR STIAVILI AND THE HON'BLE SMT. JUSTICE TIRUMALA DEVI EADA Writ Petition No.2715 of2O25 ORDER: fer Hon'ble Sti Jrtsttce Abhinand Kumar Shavili) This writ petition is filed seeking the following relief:- "...to issue at oppropiate Writ Order or Direction" more oarlicularlu one [n th.e nature of "Wit of Certiorari" and 'catl for ti'te records and set oslde the iudgmenl in o.A.ilo.l722/2015, ddted 27-02'2024, possed bg the Hon'ble Central Administrotiue Tibunal, Hgderobad Bench, for breuitg the "Tibunal" and pass such other order or orders.."

2. Heard Sri G.R.S. Akhileshwar, learned counsel representing Sri Gadi Praveen Kumar, learned Deputy Solicitor General of India, appearing for the petitioners and Sri G' Pavana Murthy' learned counsel for the respondents' It has been contended by the petitioners that the 3. respondent was initially appointed as a Technical Assistart in the ofhce of All India Handicrafts Board, Ministry of Textiles at Warangal on O2.Og.lg79 and he has continued in the same post lor 27 years til1 his voluntary r'etirement on 30'06'2006' The grievance of the respondent was that he was not extended the benelrts under Assured Career Progression (ACP) Scheme, 1999 and in the said circumstances, he approached the Tribunal by filing O.A.No. 1722 of 2015 and the Tribunal uide order dated 2 AKS,] & EID,I wP 2775-2025 \ . 27.O2.2C2r v.irs pleased to ailow the said O.A by clirr:cting the petitione rs to r:xtend the benefits of ACp Schemc in favour of the responden,, : s, it was done in the case of y.p, Ve rma and Sh. A.K.Mehr.o're. rrnder the scheme of ACp of lsr and 2.d financiai up-gradatir:n, ,vithin a period of three months fror-r the date of receipt o1' tJrr. opds1, failing which the said amount wrll carry 97o interest tr)e- .1 tnum, without appreciating any ol th() coiltentions raised by the 1x:titioners. 4 respondent r-lr,lt Admittedly, : rg Learr.ecl oounsel further contended that it is not the case of he was never given a single pr omotion respondent was given promotion 1s HpO (Handicapp,. ci ?romotion officer) in the year 2006. rhe cases of Sri Y.P.Verr-ra and Sh.A.K. Mehrotra are altogether on a different footing. F'urth:r, though the judgment rendered by r.he . )rincipal Bench of -!'r' 5, rar in o-A.No.366 of 2or2, dated rrf .1c.2o 2 is not applicable t o 1 l-.c case on hand, the Tribunal ]ras allo,ved the subject O.A j: favour of the respondent by followinl; th: orders passed by tle ;aid principal Bench in o.A.No.366 of 2012 d,ated IO.1O.2OI2.. 'J- rerefore, appropriate orders be passed in -he writ petition bJ- 'rerring aside the orders passed by r,he Trib unal in O.A.No. 17!12 ot' 2015 dated,2Z.O2.2024. \ 3 AKS,J & TTD,J wP _27 L5-202s , 5. Learned counsel for the respondent had contended that the respondent was initially appointed as Technical Assistant on 02.03.1979 and he continued as such till his voluntary retirement on 30.06.2006, which would mean that the respondent was not glven even one promotion. It is only after his retirement, the petitioners have promoted the respondent as HpO uide proceedings 2O.O9.2006. Therefore, the Tribunal was justilied in relying on the judgment rendered by the principle Bench of Central Administrative Tribunal in O.A.No.36 6 of 2Ol2 d,ated, LO.1O.2OI2, as the issue raised in the present case is squarely covered by the said Judgment dated 1O. 1O.2012. In fact, the petitioners have implemented the orders of principle Bench and the respondent also stands on the same footing as that of Sri y.p. Verma and Sh.A.K. Mehrotra. Therefore, the Tribunal was justified in allowing the subject O.A. in favour of the respondent. Therefore, there are no merits in the writ petition and the same is liable to be dismissed

6. This Court, having considered the rival submissions made by the parties, is of the considered view that the Tribunal was justified in allowing the subject O.A. in favour of the respondent, as admittedly, the issue raised in the present case is squarely covered by the Judgment of principle Bench of centrai t l 4 AKS,J & ETD,I wP 2715 2025 Adminis'-rativ: Tribunal in O.A.No.366 of 2Ol2 datt:d 1).lO.2Ol2 and the p,.tit oners have also implemented the orders :assed by the Princi pL: Bench. Therefore, this Court is n,rt ir rclined to interferc u th the orders passed by the Tribunal. 7 . Ac:o :d i :rgly, the Writ petition is dismissed. Nc cos ts As a sr:1uel, miscellaneous petitions pendrng, if arry, in this writ petitio:-r, rhall stand closed. //TRUE COPY// ::iD/-V.KAVITHA REGISTRAR lEPUTY .J SECTION OFFICER '-/ The Regiona I irecto(H)(SR), Shastri Bhavan, 3 Chennai -6 o,i" cc t,j s lNDlA, Advor;irle [OPUC] bn" ic to sE I G:PAVANA MURTHY, Advocate [oPUC] Two CD C,:rpies; "v = I GAD| PRAVEEN KUIVIAR, Deputy SOLICtTotl GENERAL OF oor, 26 I laddows Road, To

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4. SA GJP 6 ) (, /t< o !) -1., ,1 e 21,1 J$ il6 (A( z c) -(, HIGH COLIFIT DATED:1$illl?.12025 ORDER WP.No.27'lti of 2025 DISMISSING HE W.P WITHOUT CoSTS. a @c,f' *",- . '\'(