Citation : 2022 Latest Caselaw 4942 Tel
Judgement Date : 27 September, 2022
THE HON'BLE THE CHIEF JUSTICE UJJAL BHUYAN
AND
THE HON'BLE SRI JUSTICE C.V.BHASKAR REDDY
WRIT APPEAL No.429 of 2022
JUDGMENT: (Per the Hon'ble the Chief Justice Ujjal Bhuyan)
Heard Mr. Dayakar Reddy, learned Government
Pleader appearing for the appellants and
Mr. M.V.Hanumantha Rao, learned counsel for
respondents No.1, 2 and 3.
2. This writ appeal is directed against the order dated
04.09.2019 passed by the learned Single Judge disposing
of W.P.No.30196 of 2012 filed by respondents No.1, 2
and 3.
3. Order dated 04.09.2019 reads as under:
"Learned counsel appearing for the petitioners fairly concedes that the issue involved in this writ petition is squarely covered by the order of this Court in W.P.No.23520 of 2004, dated 17.07.2019.
Following the said order dated 17.07.2019 passed in W.P. No. 23520 of 2004, the Writ Petition is disposed of. No costs.
Miscellaneous petitions, if any, pending shall stand closed."
4. We find that by the order dated 17.07.2019 passed in
W.P.No.23520 of 2004, learned Single Judge directed the
respondents (appellants herein) to release the aided salary
of the said petitioner from August, 2000, till 31.10.2006 on
the date on which the said petitioner attained the age of
superannuation, by treating him as being deemed to have
worked in approved grant-in-aid post. Respondents
(appellants) were further directed to release the pensionary
benefits in favour of the said petitioner. Following the said
order, W.P.No.30196 of 2012 was disposed of on
04.09.2019. Against the said order appellants filed review
petition being Review I.A.No.1 of 2020. By order dated
11.03.2022, the review petition was dismissed. While
dismissing the writ petition, learned Single Judge noted
that the State had already implemented the order dated
17.09.2019.
5. That being the position and on the principle of parity,
the present writ appeal is liable to be dismissed.
6. Writ appeal is accordingly dismissed.
Miscellaneous applications pending, if any, shall
stand closed. However, there shall be no order as to costs.
______________________________________ UJJAL BHUYAN, CJ
______________________________________ C.V.BHASKAR REDDY, J
27.09.2022 vs
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