Writ petition by bank clerks challenging refixation of basic pay and proposed recovery of excess payment was dismissed as infructuous after counsel submitted the cause did not survive due to efflux of time.
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[3301 ]
HIGH COURTFORTHE STATEOF TELANGANA AT HYDERABAD
(Special Original Jurisdiction)
MONDAY,THE THIRDDAYOF FEBRUARY TWO THOUSAND ANDTWENTYFIVE
PRESENT
THE HONOURABLE SRI JUSTICEPULLA KARTHIK
WRIT PETITION NO: 821OF 2018
Between:
z. Srilf.V.r'praddo, sfo.T. MRao, Aged about 43 years,occ Clerk SynQlcqle - eanli, BHEL Branch (3410), Ashok-Nagar, Hydeiabad, Rl/o. H.No.15-15-80' SuOiisnan Nagar Cdlony,'Opp HCU-Depoi,Serilingampally,Hyderabad, Telangana.
,..PETITIONERS
AND
...IIESPONDENTS
Petition unde Article 226 of the constitution of lndia pra,ring 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 one n the nature of wRlr oF MANDAMiS declaring the action of the 6th respondert in issuing the individual letters to t re petitioners in different dates as mentioned n annexure refixing the basic pay rf petitioners reducing the salary with effer;t from date of joining of the petitiorers in the respective banks relying on the irrelevant circulars vide Ref No.17l94lE(), dated 22.01.1994 and pD HROD pAy EX-SER/3270, dated 15.02.20'1 3 vrhich have no basis for the impugned pr;ceedings and proposing to take a:rion to recovery of any excess payment frr m the date of joining and also impk;menting the re-fixation of pay deducting th: salary of the petitioners from the rnonth of september, 2017 without the issuing prlor notice to the petitioners as ill,:,3a1, arbitrary and violative of principles of 'latural Justice and set aside the r;ame and consequenfly direct the 6th resg ondent not to recover the excess amount paid bn account of review of the rasic pay and continue to pay the o rl basic pay which includes, I,4ilitary Service p ay (lMSp)
lA NO: 1 OF 2018
Petition under S ection 1 sl cpc praying that in the circumstr rnces stated in the affidavit filed in support of the petition, the High court may be pleased to direct the respondents to continue to pay the old pay scale which ir cludes Military service pay (MSP) ard not to recover excess amount paid on account of review of the re-fixation of rasic pay from the pay scare of petitioner rry suspending proceedings issued b I the 6th respondent as mentioned in the anne,xure
lA NO: 2 OF 2018
Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in suppo( of the petition, the High Court may be pleased to direct the respondents to pay the old pay scale to the petitioners which was in existence prior to deduction of military service pay (MSP)
Counsel for the Petitioner: SRl. BALA MUKUND RAO REP SRI Y. NAGI REDDY Counsel forthe Respondent Nos. 1to3: SRI GADI PRAVEEN KUMAR, DY.SOLICITOR GENERAL OF INDIA Counsel for the Respondent Nos.4to6: SRI A. KRISHANAM RAJU The Court made the following: ORDER
rl t:
THE HONoURABLE SRI JUSTICE PULLA KAF]THIK
II/RIT PETITION No.821 OF. 2018
ORDER:
When tlr: matter is taken up for hearing, ln Bala Mukund Rao, learned counsel representing Sri Y.NaEi Reddy, learned counsel for the petitioners, submits that due to efflux of time the carrse in the present Writ Petition does no. survive for adjudicatiorr arrd the matter has become inlrlrctuo rs.
Miscellarr,:ous petitions, if aly, pending in tl ris Writ Petition, shall stand closed. There shal1 be no ord )r as to
costs.
SD/-S. MALLIK ARJU NA RAO SSISTAN T REGISTRAR + //TRUE COPY// ii ".I SECI ION OFFICER 1 One CC to SRI Y. NAGI REDDY, Advocate loP ,dr 2 One CC to SRI. (JADI PRAVEEN KUMAR, DY. SOLICITOR GI NERAL OF rNDtA [OPUC] 43 Two One CD CC to CopiesSRt. A KRISHNAM RAJU, Advocate [OpUC] BM GJP
To,
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I
I l l I I ; I tI i i ' I i i I I I
i I I I i : I I I I I I i I I I 1
HIGH COURI"
DATED:03102'.12025
)
ORDER
WP.No.821 of 2018
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DISMISSING THE WRIT PETITION AS INFRUCTOUS WITHOUT CC)STS
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1 provisions across 1 enactments
Sri Suman Kumar K
Sri M.V. Prasad
Sri B. Nagaraju
Sri M. Hari Krishna
Sri B.R. Zameer
Sri C Shravan Kumar
Pulla Karthik
As recorded by the court registry
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