THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
AND
THE HON'BLE SRI JUSTICE N. TUKARAMJI
WRIT APPEAL No.706 of 2014
JUDGMENT: (Per the Hon'ble the Chief Justice Satish Chandra Sharma)
The present writ appeal is arising out of order dated
04.08.2011
passed in W.P.No.30996 of 2010 by the learned Single Judge.
The facts of the case establish that an order of punishment was passed on 08.09.1981 inflicting punishment of stoppage of one increment with cumulative effect and after 20 years a writ petition was preferred. The learned Single Judge has partly allowed the writ petition and has held that the order of stoppage of increment will has a prospective effect, as the order was not implemented for almost 30 years. Against the order delivered by the learned Single Judge, writ appeal was preferred by the Northern Power Distribution Company of A.P. Limited i.e., the employer of the present appellant and in the presence of the counsel for the appellant, the writ appeal was decided by an order dated 23.07.2013. Meaning thereby, after hearing both the parties, the Division Bench has passed the order dismissing the writ appeal of the employer. Now the present appellant, after dismissal of the appeal preferred by the employer, became wiser and has also filed the present writ appeal.
2
This Court has carefully gone through the order passed by the learned Single Judge and is of the opinion that the employee has approached the High Court after lapse of 20 years. The learned Single Judge was justified in allowing the writ petition in part. Since substantial relief has already been granted by the learned Single Judge and the order of the learned Single Judge has already been affirmed in the earlier writ appeal, no case for interference by this Court is made out in the matter.
The writ appeal is accordingly dismissed. Miscellaneous petitions, if any, shall stand closed. There shall be no order as to costs.
__________________________________ SATISH CHANDRA SHARMA, CJ ______________________________ N. TUKARAMJI, J 01.12.2021 ES