Mamillapalle Harindranath,Ma ., ... vs The Controller General Of Defence ...
2021 Latest Caselaw 4601 Tel

            HON'BLE SRI JUSTICE P.NAVEEN RAO
                                AND
            HON'BLE SMT JUSTICE P. SREE SUDHA


              WRIT PETITION No.19237 of 2020
                       Date:27.12.2021

Between:

Mamillapalle Harindranath,
Senior Auditor of the Defence Accounts Department,
R/o.H.No.2-2-216/2, Road No.2, DAD Colony,
Adjacent to Srinivasa Super Market,
Gopal Nagar, Maccha Bolaram,
Secunderabad 500 010
                                              .....Petitioner

     And

The Controller General of Defence Accounts
Ulan Batar Road, Palem, Delhi Cantt-110 010 & others

                                               .....Respondents

The Court made the following:

HON'BLE SRI JUSTICE P.NAVEEN RAO AND HON'BLE SMT JUSTICE P. SREE SUDHA

WRIT PETITION No. 19237 of 2020 ORDER: (Per Hon'ble Sri Justice P.Naveen Rao)

This writ petition is filed seeking the following relief :

"...order or direction calling for records pertaining to the proceedings in the O.A.No.777/2013 and two R.As.06/2014 and 05/2020 in it before the 4th respondent (Hon'ble C.A.T. Hyderabad Bench and quash the impugned orders dt.29.11.2019 and dt.23.03.2020 (P.1 and P.2) in the O.A.No.777/2013 & R.A.No5/2020 respectively issued by the 4th respondent as illegal, arbitrary, ultra vires and unconstitutional and adjudicate all the abandoned 26 declaratory issues involved in the case and pass such other order or orders on the declaratory and personal reliefs prayed in the O.A., as this Hon'ble Court may deem fit and proper..."

2. Heard Sri Mamillapalle Harindranath, party in person and

learned Assistant Solicitor General appearing for the respondents 1

to 3.

3. Shorn of details, petitioner is working as Senior Auditor and

aspiring for promotion as Section Officer. Petitioner and several

other Senior Auditors were earlier aggrieved by the provision made

in the recruitment Rules making compulsory to pass departmental

tests to aspire for promotion as Section Officer. Challenging the

entries in the recruitment Rules governing the service,

O.A.No.1041 of 1997 & batch of cases were instituted before the

Central Administrative Tribunal, Hyderabad bench (for short 'the

Tribunal'). Petitioner is applicant No.9 in O.A.No.1263 of 1997. All

these O.As were considered and by judgment dated 24.03.1999

dismissed, affirming the relevant Rules which require passing of

departmental test as mandatory for seeking promotion. Senior

Auditors filed O.A.Nos.145, 1339 and 1342 of 1997 claiming

promotion to the post of Section Officer, based on seniority.

Taking note of the relevant provision which prescribes passing of

departmental test as mandatory, the prayer to grant promotion

based on seniority was rejected. Petitioner filed W.P.No.764 of 2001

before this Court challenging the common order of the Tribunal. By

judgment dated 22.02.2001, the writ petition was dismissed

affirming the view taken by the Tribunal.

4. Petitioner filed O.A.No.777 of 2013 praying to grant omnibus

relief running into about three pages. The Tribunal having found

no substance in the prayer sought by him and the grievance

ventilated, dismissed the O.A., by order dated 29.01.2019.

5. In this writ petition also, petitioner again seeks an omnibus

relief. On a careful consideration of the prayer sought, even we are

unable to make out exactly the grievance of the petitioner, more so,

being unsuccessful before the Tribunal in the earlier round of

litigation on claim for promotion to the post of Section Officer

based on seniority.

6. From the omnibus prayer and pleadings, in addition to the

individual grievance of the petitioner, the main plank of challenge

is to the manner in which certain persons were appointed to higher

grades in the Defence Accounts service, affecting his conditions of

service.

7. Petitioner contends that all those hierarchy of officers who

are inducted into higher grades and who are the officers entrusted

with responsibility to make entries in the annual performance

appraisal records and reviewing authorities were illegally inducted

into the service though they are no way concerned with the service

and therefore, their appointments should be declared as null and

void and the entries made by them in the annual performance

appraisal records of the petitioner should be declared as null and

void, be ignored and he be entitled for promotion.

8. None of those persons who were granted such

appointment/promotion in Defence Accounts service, which

appointments claimed to have adversely affected the service

conditions of the petitioner, are made parties before the Tribunal.

Thus, even assuming that there is merit in what is sought to be

contended from the lengthy pleadings and prayer, on the face of it,

the prayer sought in the writ petition cannot be granted in the

absence of the persons against whom a declaration is sought.

Therefore, on this ground alone, the writ petition is liable to be

dismissed.

9. Accordingly, the Writ Petition is dismissed. Pending

miscellaneous petitions, if any, shall stand closed.

__________________ P.NAVEEN RAO,J

____________________ P.SREE SUDHA, J

27th December, 2021 Rds

HON'BLE SRI JUSTICE P.NAVEEN RAO AND HON'BLE SMT JUSTICE P. SREE SUDHA

WRIT PETITION No.19237 of 2020 Date:27.12.2021

Rds