Telangana High Court
The Union Of India vs Y. Venkateswarlu on 16 July, 2024
Author: Abhinand Kumar Shavili
Bench: Abhinand Kumar Shavili
HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI
AND
HON'BLE SRI JUSTICE LAXMI NARAYANA ALISHETTY
WRIT PETITION No.23542 of 2021
ORDER:
(per Hon'ble Sri Justice Abhinand Kumar Shavili)
This writ petition is filed aggrieved by the order passed by
the Central Administrative Tribunal, Hyderabad Bench,
Hyderabad, (for short, 'the Tribunal') in O.A.No.800 of 2018,
dated 12.10.2020.
2. Heard learned Deputy Solicitor General of India, appearing
for petitioners and Sri Pavan Kumar, learned counsel appearing
for Sri A.Raghu Kumar, learned counsel for respondents on
record.
3. It has been contended by the petitioners that respondents
are working as Assistant Superintendents of Post Offices and they
are contending that they are entitled for extending of
2nd/3rd financial upgradation as per Modified Assured Career
Progression Scheme (MACPS). When the same was not extended
to them, they have approached the Tribunal by filing O.A.No.800
of 2018 and the Tribunal was pleased to allow the said O.A., and
directed the petitioners to pay financial upgradation as per
MACPS, without appreciating any of the contentions raised by
the petitioners.
4. Learned counsel for petitioners further contended that
respondents were promoted from Postal Assistants to Inspector
of Posts and as respondents were already promoted, the question
of extending 2nd/3rd financial upgradation would not arise and
therefore, appropriate orders be passed in the writ petition by
setting aside the order passed by the Tribunal in O.A.No.800 of
2018, dated 12.10.2020.
5. Learned counsel for respondents contended that the issue
involved in the present writ petition is squarely covered by the
judgment of the Central Administrative Tribunal, Jodhpur Bench,
Jodhpur in O.A.No.382 of 2011, dated 22.05.2012 and it was also
covered by the order passed by the Central Administrative
Tribunal of Madras Bench in O.A.No.1088 of 2011, dated
14.03.2013 and the State had carried the matter to the Madras
High Court by filing W.P.No.30629 of 2014 and the Madras High
Court was pleased to dismiss the said writ petition confirming
the orders passed by the Madras High Court vide order dated
04.02.2015. The State had further carried the matter to the Hon'ble
Supreme Court by filing SLP No.4848 of 2016 and the said SLP
was also dismissed by the Hon'ble Supreme Court vide order
dated 16.08.2016.
6. Later, the State had filed the review petition before the
Hon'ble Supreme Court vide Review Petition No.1939 of 2017 in
SLP No.4848 of 2016 and the Hon'ble Supreme Court was also
pleased to dismiss the said review petition vide order, dated
13.09.2017. Therefore, the issue involved in the writ petition is
squarely covered by the judgments rendered by the CAT of
Madras Bench, High Court of Madras and the Hon'ble Supreme
Court and the Tribunal was justified in allowing the O.A.NO.800
of 2018 in favour of the respondents by following those
judgments. There are no merits in the writ petition and is liable to
be dismissed.
7. This Court, having considered the rival submissions made
by the parties, is of the view that the Tribunal was justified in
allowing the O.A.No.800 of 2018 dated 12.10.2020 in favour of the
respondents by following the judgments passed by the Central
Administrative Tribunal, Madras Bench in O.A.No.1088 of 2011
dated 14.03.2013, which was confirmed by the Madras High
Court and also the Hon'ble Supreme Court. Therefore, the
Tribunal has rightly allowed the O.A. No.800 of 2018, dated
12.10.2020 in favour of the respondents. Hence, this Court is not
inclined to interfere with the impugned order dated 12.10.2020
passed by the Tribunal.
8. Writ Petition is accordingly dismissed. There shall be no
order as to costs.
Pending miscellaneous applications, if any, shall stand
closed.
__________________________________
ABHINAND KUMAR SHAVILI, J
___________________________________
LAXMI NARAYANA ALISHETTY, J
Date: 16.07.2024
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