A regular bench of the Telangana High Court dismissed a writ petition challenging an order of the Central Administrative Tribunal, Hyderabad Bench, which had approved an upgraded pay scale for an Accounts Officer based on the principle of non-discrimination and prior precedents.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Originat Jurisdiction)
THURSDAY, THE SIXTH DAY OF JULY TWO THOUSAND AND TWENTY THREE
PRESENT
THE HONOURABLE SRI JUSTICE ABHINAND KUMAR SHAVILI THE HoNoURABLE SRI .IusTTcITDaTvTAVARAPU RAJESHWAR RAo
WRIT PETIT ION N O:17189 oF 2016
Between:
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...RESPONDENTS
Petition under Articre 226 0f the constitution of rndia praying that in the circumstances stated in the affidavit fired therewith, the High court may be pleased to lssue an order or direction more particularly in the nature of Writ of certiorari, cafiing for the records pertainrng to order dated,r6t6t2o15 in oA No 1188 0f 2014 0n the fire of the Hon'bre centrar Administrative Tribunar, Hyderabad Bench, Hyderabad and quash the same as illegal, arbitrary, contrary to law.
l.A. NO: 1 oF 2016(WPMP. NO:21153 OF 2016)
Petition under Section 151 cpc praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be preased suspend the operation of the order dated 16r6t2015 in oA No 1188 0t 2014 passed by the Hon'bre centrar Administrative Tribunar, Hyderabad Bench, Hyderabad pending disposal of Writ petition.
IA NO 10F2022
Petjtion under Section 151 Cf)(, praying that in the cir:urnstances stated in the affidavit filed in support of the pt:trlron, the High court may be pleased to allow the petitioner for firing facts anrJ ariditionar documents and bring on record Annexure A.._ to A_ in the present pe lrti,ln.
Counset for the petitioners: SRI cADt PRAVEEN KUMAR, Dy. SOLICITOR counser ror the Respondent No.1: fiiJ:Xf.t^T^iXr,,J^ Counsel for the Respondent No.2: -. r ne uourt made the following: ORDER
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THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVTLI AND THE HON'BLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO
WRI T PETITIO N No.17189 oF 2016
ORDER: (per AKs.l )
This Writ Petition, under Article 226 of the. Constitution of India, is filed by the petitioners aggrieved by the order, dated 16.06.2015, passed in O.A.No.02 t/OL1BB/20L4 by the Central Administrative Tribunal, Hyderabad Bench, Hyderabad (for short, 'the Tribunal').
3, Learned Deputy Solicitor General of India appearing for the petitioners had contended that the respondent No.1 was absorbed as Junior Accounts officer in the Centrar Administrative Tribunal, Hyderabad Bench, in the pay scale of Rs.5,500-175_9000/_ and subsequently, promoted as Accounts Officer on regular basis and posted at Guwahati Bench and later transferred back to Hyderabad Bench. The respondent No.1 made a claim that he should be extended the benefit of Office Memorandums, dated 28.02.2003 and 04.03.2003, and requested the petitioners to extend the upgraded pay-scale of Rs.6,500-200-10,500/- to him on par with
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AKS,.I & RRN,J W P No.I7189 of 20 t6
the lunior Accounts officers in the centrar Civir Accounts service. The learned Deputy Soriciror Generar further contended that as the nature of duties performed by the lunior Accounts Officer in the Central civil Accounts service are quite drfferenl. from the nature of duties performed by the Junior Accounts officer in the centrar Administrative Tribunal, the case of the respondent No.1 was rejected by the petitioners, In those set of circumstances, the respondent No.1 has approached the Tribunal by filin g the subject O.A. and the Tribunal vide impugned order, dated 16.06.2015, was pleased to allow the subject O.A. by directing the petitioners to extend the upgraded pay-scate of Rs.6,500-200_10,500/_ to the respondent No.1, without appreciating any of the contentions raised by the petitioners.
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6' This Court, having considered the rivar submissions made by the learned counser for the parties, is of ihe view that the Tribunar
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was justified tn allowing the subject O.A. in favour of the respondent No.1 0n the ground of discriminatron, as the issue wheiher the Junior Accounts Officers are entifled to upgraded pay_ scale or not was.considered by the Central Admin strative Tribunal, Principal Bench, New De hi, in O.A.No.46O7 of .2Ott vide order, dated 16.10.2012, and the same was also confirmed by the Delhi High Court in W.p.No.7744 of 2OI3 vide order, dated 16.12.2019. Therefore, this Court is not inclined to interfere with the impugned order, dated 16.06.2015, passed by the Tribunat in O.A.No,021,/ 0L7BB/2074
7, Accordingly. the Writ petition is dismissed. There shall be no order as to costs.
Miscellaneous petitions, iF any, pending in this Writ petition I sha ll stand closed.
To
SD/. G. SIREESHA ASSISTANT RE9|FTRAR ,TRUE coPY// SECTIONbFFICER 1 One CC to SRI GADI PRAVEEN KUMAR, Dy. SoLICITCIR GENERAL oF rNDtA [oPUCl 2. J. One CC to SRt M/s. ANTTA SWA|N, Advocate tOpUCl Two CD Copies
PSK. GJP Pnq
HIGH COURT
DATED:0610712023
ORDER
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WP.No.17189 ot 2016
DISMISSING THE WRIT PETITION WITHOUT COSTS.
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3 issues framed by the court
Whether the writ petition filed against the Tribunal's order granting upgraded pay scale should be allowed or dismissed.
Whether the Law Court can interfere with the Tribunal's order allowing the benefit of a pay scale previously granted to a similarly situated employee.
Whether the issue of entitlement to an upgraded pay scale for Junior Accounts Officers in the CAT was already adjudicated.
Union of India
Central Administrative Tribunal
A.K. Samat
Abhinand Kumar Shavli
Namavarapu Rajeshwar Rao
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
