Shaik Sardar vs Telangana State Northern Power ...
2021 Latest Caselaw 4061 Tel

  THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
                                       AND
            THE HON'BLE SRI JUSTICE N. TUKARAMJI


                   WRIT APPEAL No.706 of 2014

JUDGMENT:    (Per the Hon'ble the Chief Justice Satish Chandra Sharma)




     The present writ appeal is arising out of order dated

04.08.2011

passed in W.P.No.30996 of 2010 by the learned

Single Judge.

The facts of the case establish that an order of

punishment was passed on 08.09.1981 inflicting punishment

of stoppage of one increment with cumulative effect and after

20 years a writ petition was preferred. The learned Single

Judge has partly allowed the writ petition and has held that

the order of stoppage of increment will has a prospective

effect, as the order was not implemented for almost 30 years.

Against the order delivered by the learned Single Judge, writ

appeal was preferred by the Northern Power Distribution

Company of A.P. Limited i.e., the employer of the present

appellant and in the presence of the counsel for the appellant,

the writ appeal was decided by an order dated 23.07.2013.

Meaning thereby, after hearing both the parties, the Division

Bench has passed the order dismissing the writ appeal of the

employer. Now the present appellant, after dismissal of the

appeal preferred by the employer, became wiser and has also

filed the present writ appeal.

This Court has carefully gone through the order passed

by the learned Single Judge and is of the opinion that the

employee has approached the High Court after lapse of 20

years. The learned Single Judge was justified in allowing the

writ petition in part. Since substantial relief has already been

granted by the learned Single Judge and the order of the

learned Single Judge has already been affirmed in the earlier

writ appeal, no case for interference by this Court is made out

in the matter.

The writ appeal is accordingly dismissed.

Miscellaneous petitions, if any, shall stand closed.

There shall be no order as to costs.

__________________________________ SATISH CHANDRA SHARMA, CJ

______________________________ N. TUKARAMJI, J

01.12.2021 ES