THE HON'BLE THE CHIEF JUSTICE UJJAL BHUYAN
AND
THE HON'BLE SRI JUSTICE C.V.BHASKAR REDDY
WRIT APPEAL No.429 of 2022
JUDGMENT: (Per the Hon'ble the Chief Justice Ujjal Bhuyan)
Heard Mr. Dayakar Reddy, learned Government
Pleader appearing for the appellants and
Mr. M.V.Hanumantha Rao, learned counsel for
respondents No.1, 2 and 3.
2. This writ appeal is directed against the order dated 04.09.2019 passed by the learned Single Judge disposing of W.P.No.30196 of 2012 filed by respondents No.1, 2 and 3.
3. Order dated 04.09.2019 reads as under:
"Learned counsel appearing for the petitioners fairly concedes that the issue involved in this writ petition is squarely covered by the order of this Court in W.P.No.23520 of 2004, dated 17.07.2019.
Following the said order dated 17.07.2019 passed in W.P. No. 23520 of 2004, the Writ Petition is disposed of. No costs.2
Miscellaneous petitions, if any, pending shall stand closed."
4. We find that by the order dated 17.07.2019 passed in W.P.No.23520 of 2004, learned Single Judge directed the respondents (appellants herein) to release the aided salary of the said petitioner from August, 2000, till 31.10.2006 on the date on which the said petitioner attained the age of superannuation, by treating him as being deemed to have worked in approved grant-in-aid post. Respondents (appellants) were further directed to release the pensionary benefits in favour of the said petitioner. Following the said order, W.P.No.30196 of 2012 was disposed of on 04.09.2019. Against the said order appellants filed review petition being Review I.A.No.1 of 2020. By order dated 11.03.2022, the review petition was dismissed. While dismissing the writ petition, learned Single Judge noted that the State had already implemented the order dated 17.09.2019.
5. That being the position and on the principle of parity, the present writ appeal is liable to be dismissed. 3
6. Writ appeal is accordingly dismissed.
Miscellaneous applications pending, if any, shall stand closed. However, there shall be no order as to costs.
______________________________________ UJJAL BHUYAN, CJ ______________________________________ C.V.BHASKAR REDDY, J 27.09.2022 vs