✦ High Court of India · 13 Feb 2025

High Court · 2025

Case Details High Court of India · 13 Feb 2025
Court
High Court of India
Decided
13 Feb 2025
Length
1,001 words

THE HONOUR,ABLE SRI JUSTICE ABHINAND KUMAR SHAVILI AND THE HONOURABLE SMT JUSTICE TIRUMALA DEVI EADA WRIT PETITION NO: 25482 OF 2023 Between:

1. The Union of lndia, Rep. by The Secretary, Government of lndia, Ivlinistry of Posts, lndia, Dak Bhavan, Sansad Marg, New Delhi - '1 10 001 -

2. The Chief Postmaster General, Telangana Circle, Dak Sadan, Abids, Hyderabad -500 001.

3. The Director of Postal Services, O/o the Postmaster General, Hyderabad Region, Hyderabad -500001.

4. The Superintendent of Post Offices, Mahbubnagar Division, lvlahbubnagar - 509 001 AND l\,ild. Khaja lmamuddin, S/o. lVlohd Abdul Gafoor, Aged about 60 years, Retd. Sub Postmaster, Marrikal SO - 509 351 under Mahbubnagar Division, R:/o H.No.6-5-55/H/12lA, Habeebnagar, Mahbubnagar - 509 001 . ...PETITIONERS ...RESPONDENT 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 the nature of Writ of Certiorari calling for records pertaining to order dated 03103/2021 passed in O.A. No. 02119612015 on the fi'e of Central Administrative Tribunal, Hyderabad Bench and quash the same. lA NO: 1 OF 2023 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 suspend the order dated 03/03/2021 passed in O.A. No. 02119612015 on the file I of the Central Administrative Tribunal, Hyderabad, pending disposal of this above writ petition. Counsel for the Petitioner: SRI GADI PRAVEEN KUMAR, Dy. SOLICITOR GENERAL OF INDIA Counsel for the Sole Respondent: SRI M.VENKANNA The Court made the following: ORDER THE HON'BLD SRI JUSTICE ABHINAND KIIMAR SHAVILI AND THE HON'BLE SMT. JUSTICE TIRUMALA DEVI EADA WRIT PETITION No.25482 OF 2o23 ORDER: (Per the Hon'ble Si Justice Abhirand Kumar Slouili) When the matter is taken up for hearing, learned Deputy Solicitor General of India appearing for the petitioners as well as the learned counsel appearing for the respondent has informed the Court that the issue raised in the present Writ Petition is squarely covered by the order, dated 24.06.2024, passed by the Division Bench of this Court in W.P.No.l7l94 of 2016 and by following the aforesaid order, the present Writ Petition is also liable to br: dismissed-

2. lrarned Depufy Solicitor General of India has informed the Court that the petitioners have carried the matter to the Honourable Supreme Court vide S.L.P.No. 1123 of 2O22 & S.L.P (C) No.32 15 ol 2025 and the same is pending and no stay has been grantcd.

3. Learned counsel for the respondent did not dispute about the said fact. \ { \

4. In vierv of the said submissions made, this Court is of the considered vieu' that the present writ petition is also liable to be dismissed following the aforesaid order, dated 24.06.2Ct24, passed by the Division Bench of this Court in W.p.No.17194 of 2016.

5. Accorclingly, the Writ petition is dismissed following the aforesaid orcier, dated 24.06.2024, passed by the Division Bench of this Courr in W.p.No. L7 194 ot 2016. There shall be no order as to costs. Miscellaneous Petitions, if an-y, pending in this Writ petition shall stand r:losecl / To, //TRUE COPY' SD/- T. JAYASREE ISI'ANT REGISTRAR AS SECTION OFFICER

1. One CC to SRI cADl PRAVEEN KUTVAR Dy OLICI]-OR GENERAL OF lNDIA, High Court for the State of Tetanga na at Hyderabad [OPUC]

2. One CC to SRI M.VENKANNA, Advocate tOpUCl 3. Two CD Copies (Along with the copy of order dated 24.06.2024, in W.p.No.17194 ot 2016) BSR GJP c?lk l i HIGH COURT DATED: 1310212025 ORDER WP.No.25482 ot 2023 ii, fAic J c 2 I i'iAY 2025 z o * \ tri.1c DISMISSING THE WRIT PETITION, WITHOUT COSTS /^^ 5) CHrz ,,lu415 r f I I THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILT AND THE HON'BLE SRI JUSTICE LAXMI NARAYANA ALISHETry WRIT PETITIONN o.L7194 0F 2016 ORDER: (per Hon'bte Sri Justice Abhinand Kumar Shaviti) When the matter is taken up for hearing, learned counsel for respondent No.1 has informed the Court that the issue raised in the present Writ Petition is squarely covered by a Division Bench judgment of this Court in W.p.No.15B9 of 2018, dated 23.01.2018 and that the said Writ petition was dismissed on identical circumstances. Therefore, the present writ petition is also liable to be dismissed.

2. Learned Deputy Solicitor General of India appearing for the petitioners did not dispute the said fact, but the only distinction that the petitioners are trying to make out is that the respondent in W.P.No.15B9 of 2018 was initially appointed as Mail Man (Group_D), whereas respondent No.1 herein was initiaily appointed as Extra Departmental Branch post Master and subsequently, promoted as Mail Man (Group-D).

3. This Court, having considered the submissions made by the learned counsel for the parties, is of the considered view that the issue as to whether respondent No.1 has become Mail Man (Group_ p t) t D) by way of promotion or initial appointment does not make by difference. The issue was already adjudicated by this Court in W.P.No.15g9 of 2018. As this Court has already dismissed W.P.No.1589 of 2018 vide order, dated 23.01.2018, this Court is of the considered view that the present writ petition is arso liabre to be dismissed by following the aforesaid order, dated 23.01.2018. 4' Accordingry, the writ petition is dismissed fo,owing the order, dated 23.01.2018, passed by this Court in W.p.No.1589 of 2018. There shall be no order as to costs. Miscellaneous petitions, if any, pending in this Writ petition shall stand closed. ABHINAND K UM AR SHAVTLI, J Date: 24.06,2024. Note: LAXMI NARAYANA ALTSHETTY,, Registry is directed to annex a copy of the order, dated 2 3.01.20 r I this couri i;'-il.; ;,i;. i;;;";i1'ff3 ?J this order. B/O.MD

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