Telangana High Court
Union Of India, vs Ordnance Factory Civilian Employees ... on 18 June, 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.18185 of 2014
ORDER :
(Per the Hon'ble Sri Justice Abhinand Kumar Shavili)
This writ petition is filed aggrieved by the order of the
Central Administrative Tribunal, Hyderabad Branch,
Hyderabad, (for short, 'the Tribunal') in O.A.No.1372 of 2012
dated 04.04.2014.
2. Heard learned Deputy Solicitor General of India for
petitioners and Sri R.Eshwara Prasad, learned counsel for
respondent Nos.1 and 2.
3. It has been contended that the 1st respondent is a
Union and 2nd respondent is the Fitter and they are
contending that Overtime Allowance should include the
House Rent Allowance (HRA), Travelling Allowance (TA) and
Small Family Allowance (SFA) etc., while calculating the
overtime allowance w.e.f., 01.01.2006. When the grievance of
the respondent Nos.1 and 2 was not considered and same
was rejected by the 3rd petitioner herein vide order dated
26.06.2009, the respondent Nos.1 and 2 have approached the
AKS,J & LNA,J
Tribunal by filing O.A.No.1372 of 2012 and the Tribunal was
pleased to allow the said O.A., vide order dated 04.04.2014,
without appreciating any of the contentions raised by the
petitioners.
4. Learned counsel for petitioners had contended that
HRA, TA, and SFA cannot be included while calculating the
overtime allowance, but the Tribunal has erroneously relied
upon the judgment rendered by the Hon'ble Central
Administrative Tribunal, Madras Bench, vide order dated
24.12.2010 in O.A.No.1143 of 2010. Aggrieved by the said
order dated 24.12.2010 of the Central Administrative
Tribunal, Madras High Court, the applicants in O.A.No.1143
of 2010 have carried the matter to the Madras High Court by
filing W.P.No.609 of 2011 and the said writ petition was
allowed by the Madras High Court vide order dated
30.11.2011 by setting aside the Tribunal's order.
5. Aggrieved by the order dated 30.11.2011, the
Department carried the matter to the Hon'ble Supreme Court
by filing SLP Nos.12845 to 12852 of 2012 and matters are
pending before the Hon'ble Supreme Court and therefore, the
Tribunal could not have adjudicated the case in favour of the
AKS,J & LNA,J
respondent Nos.1 and 2 when the matters are pending before
the Hon'ble Supreme Court. Therefore, appropriate orders be
passed in the writ petition by setting aside the Order dated
04.04.2014 passed by the Tribunal in O.A.No.1372 of 2012
and allow the writ petition.
6. This Court, having considered the rival submissions
made by the parties, is of the view that the impugned order
dated 26.06.2009 was already set aside by the Madras High
Court in W.P.No.609 of 2011, against which, the Department
have preferred SLPs and the Hon'ble Supreme Court has also
not granted interim stay in those matters. Therefore, the
Tribunal was justified in allowing O.A.No.1372 of 2012, dated
04.04.2014 in favour of the respondent Nos.1 and 2. The result of
SLPs pending before the Hon'ble Supreme Court is binding on all
the parties. However, as long as orders passed by Madras High
Court are not set aside, the respondent Nos.1 and 2 are entitled for
the relief as directed by the Tribunal. Therefore, this Court is not
inclined to interfere with the order passed by the Tribunal.
7. Writ Petition is accordingly dismissed. There shall be no
order as to costs.
AKS,J & LNA,J
Pending miscellaneous applications, if any, shall stand
closed.
__________________________________
ABHINAND KUMAR SHAVILI, J
___________________________________
LAXMI NARAYANA ALISHETTY, J
Date: 18.06.2024
kkm
