Telangana High Court
Union Of India, vs Ordnance Factory Civilian Employees ... on 18 June, 2024
Author: Abhinand Kumar Shavili
Bench: Abhinand Kumar Shavili
HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI
AND
HON'BLE SRI JUSTICE LAXMI NARAYANA ALISHETTY
WRIT PETITION NO.18185 of 2014
ORDER :
(Per the Hon'ble Sri Justice Abhinand Kumar Shavili) This writ petition is filed aggrieved by the order of the Central Administrative Tribunal, Hyderabad Branch, Hyderabad, (for short, 'the Tribunal') in O.A.No.1372 of 2012 dated 04.04.2014.
2. Heard learned Deputy Solicitor General of India for petitioners and Sri R.Eshwara Prasad, learned counsel for respondent Nos.1 and 2.
3. It has been contended that the 1st respondent is a Union and 2nd respondent is the Fitter and they are contending that Overtime Allowance should include the House Rent Allowance (HRA), Travelling Allowance (TA) and Small Family Allowance (SFA) etc., while calculating the overtime allowance w.e.f., 01.01.2006. When the grievance of the respondent Nos.1 and 2 was not considered and same was rejected by the 3rd petitioner herein vide order dated 26.06.2009, the respondent Nos.1 and 2 have approached the AKS,J & LNA,J WP No.18185 of 2014 2 Tribunal by filing O.A.No.1372 of 2012 and the Tribunal was pleased to allow the said O.A., vide order dated 04.04.2014, without appreciating any of the contentions raised by the petitioners.
4. Learned counsel for petitioners had contended that HRA, TA, and SFA cannot be included while calculating the overtime allowance, but the Tribunal has erroneously relied upon the judgment rendered by the Hon'ble Central Administrative Tribunal, Madras Bench, vide order dated 24.12.2010 in O.A.No.1143 of 2010. Aggrieved by the said order dated 24.12.2010 of the Central Administrative Tribunal, Madras High Court, the applicants in O.A.No.1143 of 2010 have carried the matter to the Madras High Court by filing W.P.No.609 of 2011 and the said writ petition was allowed by the Madras High Court vide order dated 30.11.2011 by setting aside the Tribunal's order.
5. Aggrieved by the order dated 30.11.2011, the Department carried the matter to the Hon'ble Supreme Court by filing SLP Nos.12845 to 12852 of 2012 and matters are pending before the Hon'ble Supreme Court and therefore, the Tribunal could not have adjudicated the case in favour of the AKS,J & LNA,J WP No.18185 of 2014 3 respondent Nos.1 and 2 when the matters are pending before the Hon'ble Supreme Court. Therefore, appropriate orders be passed in the writ petition by setting aside the Order dated 04.04.2014 passed by the Tribunal in O.A.No.1372 of 2012 and allow the writ petition.
6. This Court, having considered the rival submissions made by the parties, is of the view that the impugned order dated 26.06.2009 was already set aside by the Madras High Court in W.P.No.609 of 2011, against which, the Department have preferred SLPs and the Hon'ble Supreme Court has also not granted interim stay in those matters. Therefore, the Tribunal was justified in allowing O.A.No.1372 of 2012, dated 04.04.2014 in favour of the respondent Nos.1 and 2. The result of SLPs pending before the Hon'ble Supreme Court is binding on all the parties. However, as long as orders passed by Madras High Court are not set aside, the respondent Nos.1 and 2 are entitled for the relief as directed by the Tribunal. Therefore, this Court is not inclined to interfere with the order passed by the Tribunal.
7. Writ Petition is accordingly dismissed. There shall be no order as to costs.
AKS,J & LNA,J WP No.18185 of 2014 4 Pending miscellaneous applications, if any, shall stand closed.
__________________________________ ABHINAND KUMAR SHAVILI, J ___________________________________ LAXMI NARAYANA ALISHETTY, J Date: 18.06.2024 kkm