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B.Kamalakar Rao, vs The Garrison Engineer,
2024 Latest Caselaw 8788 AP

Citation : 2024 Latest Caselaw 8788 AP
Judgement Date : 23 September, 2024

Andhra Pradesh High Court - Amravati

B.Kamalakar Rao, vs The Garrison Engineer, on 23 September, 2024

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
(SPECIAL ORIGINAL JURISDICTION)

MONDAY, THE TWENTY THIRD DAY OF SEPTEMBER:

TWO THOUSAND AND TWENTY FOUR

-PRESENT: '

THE HONOURABLE SRI JUSTICE RAVI NATH TILHARN

AND .

THE HONOURABLE SRI JUSTICE NYAPATHY VAY
WRIT PETITION NO: 2536 OF 2006

wy

x

Between:
B.Kamalaker Rao, S/o.B.Balasundara Rao, Age: 47 years, OcoHS-),
Refrigeration & AC Mechanic, Garrison Engineer, Naval Service
Visakhapainan- 14.
. Applicant
AND
The Garrison Engineer, Naval Depot, Visakhapatnam-?
The Commander Works Engineer, Station Road, Visakhapatnarn-4.
The Chief Engineer, Navy, Station Road, Visakhapainarn4.
The Chief Engineer, Southern Command, Pune-t.
S. The Engineer-in-Chief, Army Head Quarters, Dethi.

a hire

to

. Respondents

Patition under Article 228 of the Constitution of India praying that in the
circumstances stated in the affidavit Sled therewith, the High Court may be
pleased to issue appropriate writ, order or direction particularly in the nature of
Cerfloran by declaring the judgment order L06-12-2004 of Centra!
Administrative Tribunal, Hyderabad dismissing the OA.386/03 on the file of the

'Central Administrative Tribunal, Hyderabad as flegal, void and quash the
same by directing the respondents herein in extend the benefits of the
judgment in Port Blair, Calcutta, and hyderabad Thounal in OA No S&Q6 and

pay him the difference of pay which he was not paid by respondents in HSG-f



fram 78-10-1984 by declaring that non-exstension of the benefits of the
judgment fo the petifioner as arbitrary, legal, diacriminatory and

unconstitutional violative of Ariicies of 14 and 16 of the Constitution of Incde

The Peiition coming on for hearing, upen perusing the Petition and the
affidavit Med in support thereof and upon hearing the arguments of SRI GV
SUBBA RAO, Advocate for the Petifioner, and of SR! G_ARUN SHOWER],

Central Government Counsel for the Respondent Nos.{ fo §. the Court made

the following
ORDER:

On 25.08.2024, the following order was passed:

"At he requast of the learned counsel for the respondents, fo ensure compliance of the order dated 09.08.2034, Net on FEO, 2024,"

ne On 90.09.2024, the following order was passed:

"an 23.08.2024, the following order was passed:

"Af the request of the learned counsel for the respondents, fo ensure compliance of the order dated 09.08.2024, Nef on 70.09. 2024."

2. inspite of the arder dated. 23.08.2024, the respondent No.4 neither has complied with the order nor has fled any affidavit,

3. Post on 23.09.2624.

& HW the affidavit is not Ried before the next date of Hating, respondent No. shall appear before the Court."

3. Learned counsel for the respondent No.1 submits that inspite of communication of the order dated 10.09.2024, the official has contacted

today morning for filing the affidavit which has not yet been fied. 4, Respondent No.1 is also not present. &. Past on 24.09.2024.

&. Respondent No.1 shall appear before the Court on the next date of listing.

SD) M.SRINIVAS ASSISTANT REGISTRAR

TRUE COPY! SECT 6N OFF ie eR For

1. The Garrison Engineer, Naval Depot, Visakhapainam-7 (by Speed Fost}

The Commander Works Engineer, Station Road, Visakhapatnam.

The Chief Engineer, Navy, Station Road, Visakhapatnam-4.

The Chief Engineer, Southern Command, Pune-1.

wf GON

The Engineer-in-Chief, Army Head Quarters, Delhi (Addressees 2 to 5 by RPAD) |

8. One CG to SRIG V SUBBA RAO, Advocate [OPUC]

7. One CC fo SRL G.ARUN SHOWRI (CENTRAL GOVT, COUSEL) fOPUC] &. Two spare caples PSR

HIGH COURT

DATED SUG 2024

NOTE: POST ON 24.08.2024.

ORDER

APPEARANCE

&

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SAAR a eantannedss BSNS

 
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