Telangana High Court
The Union Of India vs N.Gouraiah on 16 June, 2025
Author: Abhinand Kumar Shavili
Bench: Abhinand Kumar Shavili
THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI
AND
THE HON'BLE SMT. JUSTICE TIRUMALA DEVI EADA
Writ Petition No.31323 of 2024
ORDER:(Per the Hon'ble Sri Justice Abhinand Kumar Shavili) Aggrieved by the order dated 13.02.2024 passed in O.A.No.215 of 2023 and order dated 05.04.2024 passed in R.A.No.16 of 2024 by the Central Administrative Tribunal, Hyderabad Bench, Hyderabad (for short, 'the Tribunal'), the present Writ Petition is filed.
2. Heard Smt. L. Pranathi Reddy, learned Standing Counsel appearing for the petitioners and Sri K.R.K.V.Prasad, learned counsel appearing for the respondent.
3. Learned Standing Counsel appearing for the petitioners had contended that the respondent was contending that his pay should be stepped-up on par with his junior. When the case of the respondent was considered and the same was rejected vide proceedings, dated 22.06.2022, the respondent had approached the Tribunal by filing O.A.No.215 of 2023 and the Tribunal was pleased to allow the O.A. at the AKS,J & ETD,J ::2:: wp_31323_2024 admission stage itself, without giving opportunity to the petitioners to file their counter. Learned Standing Counsel had further contended that the Tribunal has given a positive mandamus without giving any opportunity to the petitioners. Therefore, on this sole ground, the order, dated 13.02.2024 passed in O.A.No.215 of 2023 by the Tribunal be set aside and the Writ Petition be allowed.
4. On the other hand, learned counsel appearing for the respondent had contended that the issue is squarely covered by the judgment of the Honourable Supreme Court in Union of India and others v. C.R. Madhava Murthy & another 1. Hence, the Tribunal was pleased to allow the subject O.A. in favour of the respondent. Therefore, there are no merits in the Writ Petition and the same is liable to be dismissed.
5. This Court, having considered the submissions made by both the parties, is of the view that the Tribunal ought to have given an opportunity to the petitioners to file their counter to oppose the respondent's claim. The Tribunal was not justified in allowing the O.A. at the admission stage, without giving opportunity to the petitioners. Therefore, the 1 2022 (6) SCC 183 AKS,J & ETD,J ::3:: wp_31323_2024 order, dated 13.02.2024 passed in O.A.No.215 of 2023 and the order, dated 05.04.2024 passed in R.A.No.16 of 2024 by the Tribunal are liable to be set aside and accordingly, they are set aside and the matter is remanded back to the Tribunal to decide the case on its merits, after giving due opportunity to the petitioners, without being influenced by the observations made by this Court.
6. With the above observations/directions, the Writ Petition is disposed of. No order as to costs.
7. As a sequel, miscellaneous applications pending if any, shall stand closed.
_________________________________ ABHINAND KUMAR SHAVILI, J _____________________________ TIRUMALA DEVI EADA, J Date: 16.06.2025 prat