Petitioner challenging recovery of pay directed court to stay action on behalf of union of India Union of India showed re-drawn bill.pdf court closed writ petition infructuous
Writ petition is closed; no costs.
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HONOURABLE SRI JUSTICE G.CHANDRAIAH
Dated 23-4-2010
WRIT PETITION No.7406 OF 2008
Between:
K.Narayanan.
…Petitioner.
And:
The Union of India, represented by its Secretary to Government, Ministry of Home Affairs, New Delhi and others.
……Respondents.
HONOURABLE SRI JUSTICE G.CHANDRAIAH WRIT PETITION No.7406 OF 2008
ORDER:
This writ petition is filed seeking to declare the action of the respondents in passing impugned office order No.P.1 1/07SRC-1/GC, dated 15-2-2007 as illegal, arbitrary and consequently, direct the respondents to stall the re-fixing and recovery of pay of the petitioner.
On 4-4-2008, this Court while admitting the writ petition, granted interim direction in W.P.M.P.No.9749 of 2008 as under:
“There shall be interim direction to the respondents not to recover any amounts from the petitioner on the basis of the impugned order. However, the petitioner shall be paid the salary, as determined in the impugned order.”
While so, when this matter is taken up for hearing today, the learned Assistant Solicitor General has placed before this Court a copy of letter dated 5-11-2009 issued by the office of the DIGP, Group Centre, CRPF, Hyderabad which reads as under:
“In pursuance to GC, CRPF, Pune vide office order No.P.1.1/2008-SRC.I/GC dated 22-8-2008 (copy enclosed) a sum of Rs.25,100/- which was recovered from the pay and allowances of the petitioner has now been re-drawn vide Bill No.2468/08/09-PC-GC dated 02/12/2008 and paid to the petitioner. Hence, the orders of the Hon’ble A.P. High Court vide interim order dated 04/04/2008 have now been complied with. As such, you were requested to make all out efforts to get the case listed for hearing vide this office letter under reference. But same has not been listed for hearing so far.
In view of the above, it is once again requested to make all out efforts to get the case listed for hearing and get the same dismissed being infructuous case, at the earliest.”
In view of the copy of the above letter dated 5- 11-2009, both the learned counsel have submitted that the writ petition may be closed.
Recording the said submission, this writ petition is closed. No costs.
__________________________ JUSTICE G.CHANDRAIAH
Dated 23-4-2010.
Dvs
HONOURABLE SRI JUSTICE G.CHANDRAIAH
WRIT PETITION No.7406 OF 2008
Dated 23-4-2010
K.Narayanan
The Union of India
G. Chandraiah
As recorded by the court registry
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