Telangana High Court
The Union Of India vs N.Gouraiah on 16 June, 2025
Author: Abhinand Kumar Shavili
Bench: Abhinand Kumar Shavili
THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI
AND
THE HON'BLE SMT. JUSTICE TIRUMALA DEVI EADA
Writ Petition No.31323 of 2024
ORDER:
(Per the Hon'ble Sri Justice Abhinand Kumar Shavili)
Aggrieved by the order dated 13.02.2024 passed in
O.A.No.215 of 2023 and order dated 05.04.2024 passed in
R.A.No.16 of 2024 by the Central Administrative Tribunal,
Hyderabad Bench, Hyderabad (for short, 'the Tribunal'), the
present Writ Petition is filed.
2. Heard Smt. L. Pranathi Reddy, learned Standing
Counsel appearing for the petitioners and Sri
K.R.K.V.Prasad, learned counsel appearing for the
respondent.
3. Learned Standing Counsel appearing for the petitioners
had contended that the respondent was contending that his
pay should be stepped-up on par with his junior. When the
case of the respondent was considered and the same was
rejected vide proceedings, dated 22.06.2022, the respondent
had approached the Tribunal by filing O.A.No.215 of 2023
and the Tribunal was pleased to allow the O.A. at the
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admission stage itself, without giving opportunity to the
petitioners to file their counter. Learned Standing Counsel
had further contended that the Tribunal has given a positive
mandamus without giving any opportunity to the petitioners.
Therefore, on this sole ground, the order, dated 13.02.2024
passed in O.A.No.215 of 2023 by the Tribunal be set aside
and the Writ Petition be allowed.
4. On the other hand, learned counsel appearing for the
respondent had contended that the issue is squarely covered
by the judgment of the Honourable Supreme Court in Union
of India and others v. C.R. Madhava Murthy & another 1.
Hence, the Tribunal was pleased to allow the subject O.A. in
favour of the respondent. Therefore, there are no merits in
the Writ Petition and the same is liable to be dismissed.
5. This Court, having considered the submissions made
by both the parties, is of the view that the Tribunal ought to
have given an opportunity to the petitioners to file their
counter to oppose the respondent's claim. The Tribunal was
not justified in allowing the O.A. at the admission stage,
without giving opportunity to the petitioners. Therefore, the
2022 (6) SCC 183
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order, dated 13.02.2024 passed in O.A.No.215 of 2023 and
the order, dated 05.04.2024 passed in R.A.No.16 of 2024 by
the Tribunal are liable to be set aside and accordingly, they
are set aside and the matter is remanded back to the
Tribunal to decide the case on its merits, after giving due
opportunity to the petitioners, without being influenced by
the observations made by this Court.
6. With the above observations/directions, the Writ
Petition is disposed of. No order as to costs.
7. As a sequel, miscellaneous applications pending if any,
shall stand closed.
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ABHINAND KUMAR SHAVILI, J
_____________________________
TIRUMALA DEVI EADA, J
Date: 16.06.2025
prat
