✦ High Court of India · 07 Jan 2025

High Court · 2025

Case Details High Court of India · 07 Jan 2025
Court
High Court of India
Decided
07 Jan 2025
Bench
Not available
Length
1,407 words

Petitron 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 order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents i.e- from 1st to 6th for not implementing the directions of the Hon'ble dp. Adrinirtrative Tribunal in their Judgment in O.A.No. 1933 of 2015 dt 18.11.2015 is arbitrary, capricious, illegal , and violative of Articles 14, 16, and 21 of the Constitution of lndia and consequently declare that the petitioner is enti ed for the following reliefs as already_,ggc6lderediy the Honourable A. P. Administrative Tribunal. a) Releasing of Annual Grade lncrements due from 1.7.1990 to 1.1 .2008 b) And consequentiat fixatron of pay rn RPS 1992, RPS 1999, RpS 2005 and RPS 2OOB, c) And also for consideration of Automatic Advancement Scheme as per G.O.Ms.No.117 F and P dt 25.8.198,l on compleilon of 10 years on23.12.19g1 (S.G.P.),16 years Scate on 3.12.1998(SSAPP -t) and 24 years Scate on 3.12.2004 (SAPP-ll) in the respective scales and consequential arrears. d) Encashment of E. L. on the eve of retirement from service on 31.10.2009 on superannuation and also pension admissible as per A.p. Revised pension Rules, 1980, on par with other similar employees as per rules in vogue. e) Sanction of Service Pension, Graluity along with interest @ .10 (Pen.l)Dept. dt 7 10 86 Comm utation % as per of Pensl'on and Retirement G.O.Ms.No.268 Fin. and Ptg. f) sanction of Provisional Pension for time being until the grant of above reliefs in the interest of ;ustice. lA NO: 1 oF 2018 Petition under section '15'l cPc praying that in the circumstances stated in the pffidavit filed in support of the petition, the High court may be pleased to direct the Respondents 2nd and 4th to consider the repiesentation of the petitioner dt. 10 1 1 2017 for sanclion of 'Provisional pension' for time being w.e.f. from the date of retirement i.e.31.1o.2008 to extricate from hardship and surviving the family , lA NO: 1 OF 2024 Petition under rule 164 of Writ Rules R/w order I rule 10 of CpC praying that in.t@tiicurnsf nees stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the 1st 4th and 7th Respondents to pay the interest 1Bo/o p.a. on the delayed payments as stated in "tabular form" under para 9 in accordance with the Hon'ble Apex Court in Vijay L Mehrotra Vs State of Uttar Pradesh 2000 (2) S.L.R. Page 686. 2) the Judgment of this Hon,bte Court ln W.P.No. 25501 of 2019 dt. 30.06.2023 in Dr. B.Nehru Vs the TS head by Hon,bte Justice Smt. Juvvadi Sridevi 3) The Executive Engineer, Rural Water Vs Smt. Matham Rukmini in W.P. No. 14825 of 2009,dt. 29.7.2022 headed by the Hon,ble Sri Justice Abhinand Kumar Shavli and the Hon'ble Sri Justice N.V.Shravan Kumar, Division Bench. lA NO: ? OF 2018 Between:

1. The Projeqt Director and Special Collector, Outer Ring Road project, HMDA Complex, Tarnaka, Hyderabad - 500 007.

2. The Chief Accounts officer,. Hyderabad metropolitan Dbvelopment Authority, HMDA Complex, Tarnaka, Hyderabad - S00 007. .,,PETITIONERS AND 1 2 3 C Srinivala Rg.o, 9{o Late C Brahmaiah, aged 69 years, Occ. Surveyor (Retired), Flat No. 203, 2nd Block, Navvana-qar Apahments. Nawanaolar. Bheeramguda, Ameenpur (V and M),SangareOO-y Ois[. iO2 O32 The State of Telangqlq, Rep. by its Principal Secretary, Revenue Department, Secretariat Bldgs, Hyderabad - 500 022. The Director, S-urv-ey and Land Records, Govt. of Telangana State, Abids, Hyderabad - 500 001

4. The Regional Deputy Director, Survey and Land Records, Central Survey Settlement Office, Narayanguda, Hyderabad - 500 029.

5. The Asst. Director, Survey and Land Records, lntegrated Collectorate Complex,2nd floor, Sangareddy (Post and Town) Sangare-ddy Dist. 502 OO1 6 The State of Telangala, Rep by its;Principal Secretary, Finance Department (Admn.2) Secretariat Bldgs, Hydearabad-500022 R6 (R7 in WP 81 53/18) is impleaded as per C.O. dt.12.04 2023 in 1AI2023 ...RESPONDENTS T 7 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 vacate,_trle"interim/ order dated 19-3-2018 passed in l.A.No.1 of 2018 in W.P.No.8153 of 2018 in the interest of justice and fair play. Counsel for the Petitioner: SRI P.MARUTHI PRASAD Counsel for the Respondent No.1, 4 to 6: GP FOR REVENUE Coqnsel for the Respondent No.2 & 3: SRI V.NARASIMHA GOUD, SC FOR HMDA Counsel for tfie Respondent No.7: GP FOR FINANCE The Court made the following: ORDER l" , ffiEEZ .., 1 wp_S153_2018 NBK, J THE HON, BLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION N0.8153 of 2018 ORDEB;-,;4 :I The petitioner is aggrieved by the action of respondent Nos.1 to 6 in not implementing the Order dated 18.11.2015 passed by the Andhra Pradesh Administrative Tribunal in O.A.No.1933 of 2015, and seeks a direction to the respondent authorities to fix his pay as per Revised Pay Scales since 1992, Erant annual increments, release the encashment of earned leave, sanction the service pension, and provisional pension for the time being etc., in accordance with the Order 18.11.2015 passed by the Tribunal.

2. Heard Mr. P. Maruthi Prasad, learned counsel forthe petitioner, and Mr. V. Narasimha Goud, learned Standing Counsel for respondent-HMDA. Perused the record. '

3. At the outset, learned Standing Counsel draws the attention of the Court to the Memo dated 25.11.2024 filed by respondent Nos.2 and 3, and submits that the 2nd respondent-Project Director & Special Collector (i/c) Outer Ring Road Project, HMDA, has passed an Order dated 23.12.2075 vide Letter No.ORR/A/108212OO5, subsequent to the Order dated

18.11.2015 passed by the Tribunal in O.A.No.1933 of 20L5, and therefore until and unless the petitioner challenges the subsequent oider i.e., Order dated 23.L2.20L5 passed by the 2nd respondent, the petitioner cannot seek any relief before this Court. t I 2 +

4. Ad?erting to the submission made by the learned Standing Counsel, learned counsel for the petitioner seeks permission of the Court to wp_8153_2018 NBX, J withdraw the writ petition, with liberty to challenge the Proceedings dated

23.12.2015 issued by the 2nd respondent.

5. Considering the respective submissions, and perusing the record, permission is hereby accorded to the petitioner to withdraw the present writ petition. Liberty is granted to the petitioner to challenge the Proceedings of the 2"d respondent dated 23.1,2.2015.

6. Accordingly, the writ petition is dismissed as withdrawn. No costs. Miscellaneous petitions pending, if any, shall stand closed. //TRUE COPY// a- SO/-T. JAYASREE ASSISTANT REGISTRAR TION OFFICER To, 1 2 3 4 One CC to SRI P NIARUTHI PRASAD, Advocate [OPUCI One CC to SRI V NARASIMHA GOUD, SC FOR HMDA [OPUC] Two CCs to GP FOR REVENUE, High Court for the State of Telangana at Hyderabad [OUT] Two CCs to GP FOR FINANCE, High Court for the State of Telangana at Hyderabad [OUT] 5 Two CD Copies BSR BS +y I I r9 ST4 ,/ ($ ,\ r fl 7 u,,;, intq '! I rr ir: LuLu a .,t: '\.. \ "d { FD 1rC it r-r0 HIGH COURT DATEE: 07tg1t2o2s ORDER WP.No.8153 of 2018 DISMISSING THE WRIT PETITION AS WITHDRAWN, WTHOUT COSTS @ 2

This is the original judgment text as indexed from the source corpus. Always verify against the official court record before relying on it in a filing — you can do so on eCourts or the Supreme Court of India website. ← Search more judgments