Union Of India vs Shri Manapuram Chandra Sekhara ...
2021 Latest Caselaw 2696 AP

HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

MAIN CASE NO.: W.P.No.14372 of 2021

PROCEEDING SHEET

Sl. Date ORDER OFFICE No. NOTE 2 28.7.2021 JB, J & KSR, J (Proceedings taken up through video conferencing)

Notice before admission.

Learned Assistant Solicitor General appearing for Union of India contends that the Madras High Court failed to appreciate Fundamental Rule 56 and the relevant pension rules in its proper perspective in P.Ayyamperumal v. The Registrar in W.P.No.15732 of 2017. Dismissal of the SLP in limini against such order cannot be treated as binding precedent. On the other hand, the Delhi High Court in W.P.(C) No.9062 of 2018 and C.M.No.34892 of 2018 in its judgment dated 23.10.2018 has taken a contrary view. Similarly, a Full Bench of the Andhra Pradesh High Court in Principal Accountant General and Others v. C.Subbarao1 has taken a view contrary to that of the Madras High Court.

In view of the aforesaid submissions and as two other High Courts including the erstwhile Andhra Pradesh High Court have taken a view contrary to the decision of the Madras High Court in P.Ayyamperumal's case (supra), we are inclined to direct interim suspension of the order impugned for a period of twelve (12) weeks or until further orders, whichever is earlier.

Post along with W.P.No.5873 of 2021.

_______________ Joymalya Bagchi,J

______________ K.Suresh Reddy,J MP

(2005) 2 ALD 1