The court followed the Supreme Court judgment in Director (ADMN) KPCL & Ors vs C.P. Mundinamani & Ors, holding that employees retiring on 30th June are entitled to increment falling on 1st July. All writ petitions challenging CAT orders were dismissed.
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.
[3318 ]
HIGH COURT FOR THESTATE OF TELANGANAAT HYDERABAD (SPecial Original Jurisdiction)
THURSDAY, THE THIRTEENTHDAY OF JULY TWO THOUSAND AND TWENTYTHREE
PRESENT
THE HON'BLE SRIJUSTICEABHINANDKUMARSHAVILI AND THE HON'BLE SRI JUSTICENAMAVARAPURAJESHWAR RAO
W.P.NOs.36137 OF 2022
173 0F 2021
WRIT PETITION NO. 36137 0F2022:
Between:
...PETITIONERS
AND
S. Srinivas, s/o villal, agedabout 55 years, occupation. Retired JuniorEngineer witn HnfrlS'No. i 987022-01And now R'esidentof H.No.9-1-76, WP Venkateswara Colony, Shivanarayanapuram,Badangpet, Hyderabad- 500 058
...RESPONDENT
Petition under Article 226of the constitution of lndia praying that in the circumstances stated inthe affidavit filed therewith,the High courtmay be pleased to issue any writ or order ordirection more particularlyin the natureof
writ of certiorari and call for records in oA/020/003 4\l2o21 on the file of centrat Administrative Tribunal, Hyderabad Bench, Hyderabad and declare the impugneci orders in said 04/020/0034812021 dared 29-04-2021 as iilegal, unlust and contrary to law and material on record and set aside the same.
lA NO: 1 OF 2022
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 in 04/020/003 4\l2o21 dated 29-04-2021 on the fite of Hon,bte central Administrative Tribunal, Hyderabad Bench, Hyderabad, pending disposal of the writ petition in the interest of justice.
Counsel for the Petitioners: SRI B. NARASIMHA SARMA
S.C, FOR GENTRAL GOVERNMENT
Counsel for the Respondents: -
WRIT PETITION NO: 18590 0F 2020
Between:
...PETITIONERS
AND
...RESPONDENTS
Petition under Articre 226 of the constitution of rndia praying that in the circumstances stated in the affidavit fired therewith, the High court may be pleased to issue a writ of certiorari and caI for the records and quash the orders
ffi
passed in oAt2ot53st2o20 on the frle ofthe centralAdministrativeTribunal, Hyderabad Bench, Hyderabad,dated 2lo/2o20.
lA NO: 1 OF 2020
Petition under Section151 cPCprayingthat in the circumstances stated in the affidavit filedin supportof the petition,the High courtmaybe pleasedto suspend the orderspassed in oAl2ol539l2020dated 2610812020 passed by the central AdministrativeTribunal,HyderabadBenchpendingdisposalof the writ petition.
Counsel for the Petitioners:SMT. G. SAMPADA'
S.C. FOR CENTRALGOVERNMENT
Counsel for theResPondents: '-
WRIT PETITIONNO: 18630 OF 2020
Between:
AND
Petition under Article 226 of the Constitutionof India praying that in the circumstances stated in the affidavrtfiledtherewith, the High Court may be pleased to issue a Writ of Certiorari and call for the recordsand quash the orders passed ia OA1021143112020 on the file of the Central AdmrnistrativeTribunal, Hyderabad Bench, Hyderabad, dated 08.07.2020.
lA NO: 1 OF 2020
Petition under Section 15'l CPCpraying that in thecircumstancesstated in the affidavit filed in support of thepetition,the High Court may be pleasedmay be leased to suspend the orderspassed i^ OA1O21143112020 daled08.O7 -2020 passed by the Central Administrative Tribunal, Hyderabad Benchpending Disposal of the writpetition.
Counsel for the Petitioners: SMT. G. SAMPADA,
S.C. FOR CENTRAL GOVERNMENT
Counsel for the Respondent Nos.1 to4: Mr. M. C. JACOB
Counsel for the Respondent No.5:--
WRIT PETITION NO: 18635 OF 2020
Between:
...PETITIONERS
AND
...RESPONDENTS
Petition under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be
-f,@_@..,,y
pleased to issue a Writ of Certiorari and call for the recordsand quash the orders passed in oAlo21t487l2o20 on the file of the centralAdministrativeTribunal, Hyderabad Bench, Hyderabad,dated 14.O8.2020.
lA NO: 1 OF 2020
Pelition under Section 151 CPCpraying that in the circumstances stated in the affidavit filed in support ofthe petition, the High Court may be pleasedto suspend the orderspassedin OA1021148712020 dated 14.08-2020passed by the central Admrnistrative Tribunal,Hyderabad Bench pendingdisposalof the writ petition.
Counsel for the Petitioners: SMT.G. SAMPADA, S.C. FOR CENTRAL GOVERNMENT
Counsel for the Respondents:Mr. M. C. JACOB
WRIT PETITION NO:18756 OF 2O2O
Between:
...PETITIONERS
AND
...RESPONDENTS
Petition under Article 226 of lhe Constitutionof lndia praying that in the circumstances stated in the affidavitfiledtherewith,the High Court maybe pleased to issue a Writ of Certiorari and call for the records andquash theorders
(r
'.;*r "b?' .. Ir;
passed in OAi20l541l202O on the file of the Central Administrative Tribunal, Hyderabad Bench, Hyderabad, dated 2610812020.
lA NO: 1 OF 2020
Petition under Section 151 CPCpraying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the orders passed in OAl2Ol541l2O2O dt:261O812020 on the file of the Central Administrative Tribunal. Hyderabad Bench, Hyderabad, dated 26.O8.2020.
Counsel for the Petitioners: SMT. G. SAMPADA,
S.C. FOR CENTRAL GOVERNMENT
Counsel for the Respondents:--
WRIT PETITION NO: 19408 OF 2020
Between:
AND
B@
.J
Petition underArticle 226 ot lhe Constitutionof lndia praying that in the circumstancesstated in the affidavit filed therewith' the High Court may be pleased to issue aWrit of Certiorariand call for the records and quashthe orders passedinovlo2ll432t2o20onthefileoftheCentralAdministrativeTribunal' Hyderabad Bench,Hyderabad,datedOBIOT12020 '
lA NO: 1 oF 2020
PetitionunderSectionl5lCPCprayingthatinthecircumstancesstated in the affidavitfiled in support of the petition,the High Court may be pleased to suspendtheorderspassedinoAlo2ll432t2o20datedos.oT.2020passedbythe central AdministrativeTribunal, HyderabadBench pendingdisposal of the writ petition.
Counsel forthe Petitioners:SMT' G. SAMPADA' S.C. FOR CENTRALGOVERNMENT
Counsel forthe Respondents: Mr. M' C' JACOB
WRIT PETITION NO: 2 0907 0F 2020
Between:
s
)' ./
AND
Petition under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ of Certiorari Lind call for the records and quash the orders passed in OA/20l53812020 on the frle of the Central Administrative Tribunal, Hyderabad Bench, Hyderabad, dated 26/0812020.
lA NO: 1 OF 2020
Petition under Section 151 CPC praying that rn the circumstances stated in the affidavit filed in support of the pelition, the High Court may be pleased to suspend the orders passed in 0A|020/53812020 dated 2610812020 passed by the Central Administrative Tribunal, Hyderabad Bench pending disposal of the writ petition.
Counsel for the Petitioner: SMT. G. SAMPADA,
S.C. FOR CENTRAL GOVERNMENT
Counsel for the Respondent No.1: Mr. M. C. JACOB
Counsel for the Respondent No.2: --
WRIT PETIT|ON NO: 20908 OF 2020
Between:
ffi
rry
()
Bhavan, 4 SeniorDivislonalCommerciallr'4anager'l^Floor'Sanchalan BEilllo"iJ6'"JoivisionSorth c"nt"lRaitwav' Secunderabad
/
AND
Rrvinclra Alaianqi,S/o A SatyanarayamAged 61. YearsOcc Retired Commercial insnector. SecuriderabadoiJLli,","ri[j'iroirtro'raal * No zg-taos-4-3Road No 2' iiSrlriG'r.riqrir'.reieom"t' Hvderabad- 500 0s6 ...RES'.NDENTS
Petition underArticle 226 of the Constitution of lndiaprayingthat in the circumstancesstated in the affidavit filed therewith'the High Court maybe pleased to issuea writ of Certiorariand call for the records and quashthe orders passed in OAl21t533t2O20on the file of the Central AdministrativeTribunal' HyderabadBench,Hyderabad,dated 1810912020'
lA NO:'l OF2020
PetitionunderSection 151 CPC prayingthat in the circumstancesstated in the affidavitfiled in supportof the petition' the HighCourt may be pleasedto suspendthe orders passed in OAt21153312020dated 18togl2o20 passedby the CentralAdmrnistrativeTribunal'Hyderabad Bench pendingdisposalof the writ petition.
counserfor the Petition"S"lTIao;EfrYIiltir"=*NMENT
Counsel forthe Respondents: SRI P' RAMCHANDERRAO
WRIT PETITIONNO:209220F 2020
Between:
...PETITIONERS
AND
io
ffi" F'
f;,,;i::-j::.';
...RESPONDENTS
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 a writ of Certiorari and call for the records and quash the orders passed in 04121154012020 on the f ile of the Central Administrative Tribunal, Hyderabad Bench, Hyderabad, dated 2610812020.
lA NO: 1 OF 2020
Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Cou( may be pleased to suspend the orders passed in OAl21l54Ol2020 dated 2610812020 passed by the Central Administrative Tribunal, Hyderabad Bench pending disposal of the writ petition.
Counsel for the Petitioners: SMT. G. SAMPADA, S.C. FOR CENTRAL GOVT.
Counsel for the Respondents: Mr. M. C. JACOB
WRIT PETITION NO: 20926 OF 2O2O
Between:
Ii
...PETITIONERS
AND
S.B.K.Linoam. S/o S.G.PrasadaLingam,Aged about60 years, Gr'B.Occ: 5s-in.i.i5|-s&T(Retd),s.c.Rly.R/o FIat No.106 A Block, Surya Towers,Bhavani Nagar, Malkajgiri, Hyderabad- 50o O47.
...RESPONDENT
Petition underArticle226 of lhe constitution of lndia praying that in the circumstancesstated in the affidavit filed therewith,the High court may be pleased to issue a writ of certiorariand call for the records and quashthe orders passed in o\t21t3ggl2ozoon the file of the centralAdministrativeTribunal, Hyderabad Bench,Hyderabad,dated0510812020.
lA NO: 1 OF 2020
Petition under section151 cPC praying that in the circumstances stated in the affidavit filedin support of the petition,the Highcou( maybe pleasedto suspend the orderspassed in oAl21l399l2o20 dated0510812020 passed by the central AdministrativeTribunal, Hyderabad Bench pendingdisposal of the writ petition.
Counsel for thePetitioners:SMT.G. SAMPADA,
S.C. FOR CENTRALGOVERNMENT
Counsel for the Respondents:SRI VEMURI VENKATESWARA RAO
WRIT PETITION NO: 21040OF 2020
Between:
..,PETITIONERS/RESPONDENTS1, 2 AND 7
l
AND
(Respondents 1, 2, 5, 7 to 10 are not necessary parties to this Writ Petition)
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 order or direction more particularly in the nature of Writ of Certiorari, calling for the records pertaining to order dated 2110812020 in O.A. No.21148612020 of the Hon'ble Central Administrative Tribunal, Hyderabad Bench, Hyderabad and quash the same as illegal, arbitrary, contrary to law.
l.l
!Jr..F_:. ..$.,;/ .,i .."./ .f
lA NO: 1 OF 2020
Petition under Section151 CPC praying that in the circumstances staled in the affidavit filed in supportof the petition, the High courtmaybe pleased to suspend operation of theorders dated211812020in o.A. No.21148612020passed by the Hon'ble CentralAdministrative Tribunal,HyderabadBench,Hyderabad, pending disposal of WP.
Counsel for the Petitioners:SMT.G. SAMPADA,
S.C. FOR CENTRAL GOVERNMENT
Counsel forthe RespondentNos. 3,4 & 6: -'
WRIT PETITION NO:21056 OF 2020
Between:
...PETITIONERS/RESPONDENTS1, 2 AND 6
AND
t-l
....RESPONDE NTS/APPLICANTS
Petition under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an order or direction more particularly in the nature of Writ of Certiorari, calling for the records pertaining to order daled 2110812020 in O.A. No. 21148612020 of the Hon'ble Central Administrative Tribunal, Hyderabad Bench, Hyderabad and quash the same as illegal, arbitrary, contrary to law.
lA NO: 1 OF 2020
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 operation of the orders dated 2110812020 in O.A. No.21 148612020 passed by the Hon'ble Central Administrative Tribunal, Hyderabad Bench, Hyderabad, pending disposal of Writ Petition.
Counsel for the Petitioners: SMT. G. SAMPADA,
S.C. FOR CENTRAL GOVERNMENT
Counsel for the Respondents 3-6: Mr. N. VIJAY
WRIT PETITION NO: 21144 OF 2020
Between:
t-i
wry
..PET'a.NERS
AND
Itr
4
--,
...RESPONDENTS
Petition under Article 226 of the Constitulion of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ of Certiorari and call for lhe records and quash the orders passed in OAl21l524l2o20 on the file of the Central Administratrve Tribunal, Hyderabad Bench, Hyderabad, dated 14lOBl2O20
lA NO: 1 OF 2o2o
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 orders passed in OA121152412020 dated 1410812020 passed by the Central Administrative Tribunal, Hyderabad Bench pending disposal of the writ petition.
Counsel for the Petitioners: SMT. G. SAMPADA,
S.C. FOR CENTRAL GOVERNMENT
Counsel forthe Respondent Nos. 1to7,1Q,11,13 to 15: Mr. M. C. JACOB
Counsel for the Respondent Nos.8, 9 & 12:. -
WRIT PETITION NO: 21267 OF 2020
Between:
AND
...PET|TTONERS
V.Prabhakar, S/o V.Komaraiah, Aged 60 years, Retd. Crew Controller (Group C), (tt4edically unfit Loco Pilot), O/o The Chief Crew Controller, Kazipet R.S. Warangal
l7
Urban District. R/o H No.2-9-576,NGO Colony. Vaddepally, Hanumakonda, Warangal Dist, Telangana State.
...RESPONDENTS
Petition under Article226 of the Constitutionof lndia praying that in the circumstances statedin the affidavit filedtherewith,the High courtmaybe pleased to issue a writ of certiorari andcall for the records and quash the orders passed in oAt21t532t2o20 on thefile of the centralAdministrativeTribunal, Hyderabad Bench, Hyderabad,dated1810912020.
lA NO: 1 OF 2020
Petition under section 151cPC praying that in the circumstancesstated in the affidavit filedin supportof the petition,the High courtmaybe pleasedto suspend the orderspassed in oAlo21l53212020dated 18.09.2O2Opassed by the central AdministrativeTribunal, Hyderabad Bench pendingdisposal of the writ petition.
Counsel for the Petitioners:SMT.G. SAMPADA,S.C.FOR CENTRAL GOVT Counsel forthe Respondents:SRIK. R. K. V. PRASAD
WRIT PETITION NO:23196 OF 2020
Between:
...PETITIONERS
AND
K. Sri Rama Chandra Murthy,s/o K. HanumanthaRao.Aged 62Years Retd.Senior Engineer/lT (Group C.), O/o ThePrincipalFinancial_Advisor,south central Rarlway, nril"itiVin1,' SecLnd6iabad.R/o.Flai No.205, PreranaTowers,Ivlirzalaguda, Hyderabad-500047.
...RESPONDENT
Lfi
(
Pelition 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 a Writ of Certiorari and call for the records and quash the orders passed in OA|O21l442l2O1 I on the file of the Central Administrative Tribunal, Hyderabad Bench, Hyderabad, dated 1810912020.
lA NO: 1 OF 2020
Petrtion under Section 151 CPC praytng that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the orders passed in OA/O211442120'19 dated 18logl2o20 passed by the Central Administrative Tribunal, Hyderabad Bench pending disposal of the writ petition.
Counsel for the Petitioners: SMT. G. SAMPADA,
S.C. FOR CENTRAL GOVERNMENT
Counsel for the Respondents: --
WRIT PETITION NO: 173 OF 2021
Between:
...PETITIONERS
AND
l9
ia Xjj'! b),' !f
aa--r-tat--a
l
(All are retired from service from the Office of the Director, Directorate of Census Operations Andhra Pradesh and Telangana, Kendriya Sadan, Sultan Bazar, Hyde:'abad )
...RESPONDENTS
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 Writ, order or direction, especially one in the nature of Writ of Certiorari, calling for the records relating to order daled 161912020 in O.A.No.641 of 2O2O on the file of the Hon'ble Central Administrative Tribunal, Hyderabad Bench, Hyderabad and quash the same by declaring illegal, arbitrary, contrary to law.
lA NO: 1 OF 2021
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 operation of the order dated 161912020 in O.A.No.641 of 2020 on the file of the Hon'ble Central Administrative Tribunal, Hyderabad pending disposal of the Writ Petition.
Counsel for the Petitioner: SRI GADI PRAVEEN KUMAR, DEPUTY SOLICITOR GENERAL OF INDIA
Counsel for the Respondent Nos. 1 to 9: Mr. M. C. JACOB
Counsel for the Respondent Nos.10 to 20: --
The Court made the following: COMMON ORDER
I]oN'BLE SRI JUSTICE ABHINANDKUMAR SHAVILI AND
IION'BLE SRI JUSTICE NAN{AVARAPURAJESIIWARR'\O
W.P.Nos.36137 0F 2022.78590.18630- 18635. 18756. 19408. 2090'7 . 20908.20922. 20926.21040.21056. 211.44.2126 7 .23196 of 2020 and t73 of202l
CON{I{ON ORDER: lt I lot'bh -fi ltitiLt.4bltin,nl Kutur St',t'tl)
Ii
\XAen the matter is taken up forhearing, learned counsel on either side subminedthat theissue involved in all these writ petitions is squarelycoveredby the judgment of the Apex Court in Director (ADIIN c, llll) KP'|(), c: Or us. C.P.l4andirtantaticb Orsl ,wherein it u'as held that the emplolees whohave retiredon 30'h June and whose incrementsfall on1" Jrrly'are entidedfor the benefit of increment and inview ofthe same, all the wdt petitions are liable to be dismissed.
Following the iudgment of theApex C-ourt in Direclor (ADi,tN Q, I{R) KP'|A-dz Orl as. C.P.tVunttraruuti c- ort, allthe \7rit Petitionsare dismissed.However,the
I 2021 I.r\s(it(SC)155: 1023(5) Scale 841
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petltlonelr are givcn six rnonths time to comply with the
onler p.rsscd by rhis C_ourt. No costs.
Miscellancous peririons, if any, pending shall stand
clo.sed
SD/- P.Ch. NAGABHUSHMBA ASSTSTANT REgt$TRAR //TRUE COPY' L'
SECTION OFFICER
To,
MP
GJP
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HIGH COURT
DATED 023
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COMMON ORDER
W.P.NOs.36137 OF 2022,
18590, 18630, 18635, 18756, 19409, 20907, 20909, 20922, 20926, 21040, 21056, 21 144, 21267, 23196 0F 2020 AND 173 0F 2021
DISMISSING THE WRIT PETITIONS WITHOUT COSTS
L?,
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1 issue framed by the court
Whether the employees who retired on 30th June and whose increments fall on 1st July are entitled for the benefit of increment.
Colour shows how this judgement treated each authority
Director (ADI\N C, llll) KP'|(), c: Or us. C.P.l4andirtantati cb OrslFollowed
1 provisions across 1 enactments
The General Manager, Telecom District, BSNL, Guntur
The Chief General Manager, Telecom Telecom Circle, Hyderabad
The Chairman & Managing Director, BSNL, Corporate Office, Bharat Sanchar Nigam Ltd.
Union of India
S. Srinivas
Abhinand Kumar Shavili
Namavarapu Rajeshwar Rao
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
