Telangana High Court
The Union Of India vs D. Srinivasa Rao, on 16 October, 2024
Author: Abhinand Kumar Shavili
Bench: Abhinand Kumar Shavili
THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI
AND
THE HON'BLE SRI JUSTICE LAXMI NARAYANA ALISHETTY
Writ Petition No.31400 of 2015
ORDER:
(Per the Hon'ble Sri Justice Abhinand Kumar Shavili)
Aggrieved by the order, dated 12.03.2015, passed in
O.A.No.355 of 2015 by the Central Administrative Tribunal,
Hyderabad Bench, Hyderabad (for short, 'the Tribunal'), the
present Writ Petition is filed.
2. Heard Sri G.R.S. Akhileswar, learned counsel
representing learned Deputy Solicitor General of India
appearing for the petitioners and Sri G. Jaya Prakash Babu,
learned counsel appearing for the respondent Nos.1 to 6.
3. Learned Deputy Solicitor General of India appearing for
the petitioners had contended that respondent Nos.1 to 6 are
working as Assistant Accounts Officers and they were
contending that consequent upon the implementation of 6th
CPC, their pay has to be fixed in the pay scale of Rs.7450-
25-12500/- w.e.f. 01.01.2006 and in the Pay Band (PB)-2 of
Rs.9300-34800/- with a Grade Pay of Rs.4800/-.
Subsequently, the posts of Section Officers (Accounts) and
Assistant Accounts Officer were merged and re-designated as
Assistant Accounts Officer. The case of the respondents
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were considered and the same was rejected by the petitioners
vide proceedings, dated 19.12.2014.
4. Aggrieved by the rejection order, dated 19.12.2014, the
respondents have approached the Tribunal by filing
O.A.No.355 of 2015 and the Tribunal vide order, dated
12.03.2015 was pleased to allow the O.A. by following its
earlier orders passed in O.A.No.684 of 2014, dated
27.06.2014, without appreciating any of the contentions
raised by the petitioners.
5. Learned Deputy Solicitor General of India had further
contended that this Court was pleased to dismiss the similar
Writ Petition preferred by the State i.e., W.P.No.16002 of
2014 vide order, dated 16.10.2014. Aggrieved by the same,
the State has carried the matter to the Honourable Supreme
Court and the issue was finally adjudicated by the
Honourable Apex Court in Union of India vs. K.V. Rama
Raju & others in Civil Appeal No.1350 of 2018. The
Honourable Apex Court was pleased to allow the Civil Appeal
vide judgment, dated 16.10.2014. Therefore, the issue is
squarely covered by the judgment rendered by the
Honourable Apex Court (referred supra). The Honourable
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Apex Court has allowed the said Appeal with the following
observations:
"We accordingly hold that under the relevant Rules, the pay-
scale is to be determined by multiplying basic pay as on 1st
January, 2006 by a factor of 1.86. Thus, the view taken by the
Madras Bench of the Central Administrative Tribunal by Order
dated 7th July, 2015 in O.A. NO.310/00173/2014, R.
Karthikeyan & Ors. v. Union of India & Ors., is upheld. Even
though a writ petition against the said order is said to be
pending before the High Court of Madras, since the matter has
arisen before us and we have considered the issue, we
approve the said view. Contrary view on the subject stands set
aside."
In view of the same, the present Writ Petition can also
be disposed in terms of the orders passed by the Honourable
Supreme Court (referred supra).
6. On the other hand, learned counsel for the respondents
did not dispute about the finality attained in the issue by the
Honourable Apex Court.
7. Therefore, this Court is of the view that the present
Writ Petition can be disposed of in terms of the orders passed
by the Honourable Apex Court (referred supra). The
petitioners are directed to fix the pay scale of the
respondents by multiplying the basic pay as on 01.01.2006
by a factor of 1.86, wherein, the order, dated 07.07.2015.
passed in O.A.No.173 of 2014 by the Tribunal, Madras
Bench, Madras was upheld by the Honourable Apex Court.
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8. With the above observations/directions, the Writ
Petition is disposed of. No order as to costs.
9. As a sequel, miscellaneous applications pending if any,
shall stand closed.
_________________________________
ABHINAND KUMAR SHAVILI, J
___________________________________
LAXMI NARAYANA ALISHETTY, J
Date: 16.10.2024
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