Theprincipal Secretary, v. Md.Lbrahim

THE HONOURABLE SRI JUSTICE ABHINAND KUMAR SHAVILI AND THE HONOURABLE SRI JUSTICE PULLA KARTHIK Writ Petition No.31473 of 2014 ORDER: (Per Hon'ble Sri Justice Abhinand Kumar Shavili) This Writ Petition is filed by the petitioners under Article 226 of the Constitution of India seeking a Writ of Certiorari by calling for the records relating to and connected with O.A.No.4322 of 2012, dated 10.07.2014, on the file of the Andhra Pradesh Administrative Tribunal, Hyderabad (for short, 'the Tribunal'); and to quash or set aside the same by holding it as erroneous and contrary to law.

2.

Heard the learned Government Pleader for Services-III, for the petitioners and Mr. K.V. Sudhakar Reddy, learned counsel for the 1st respondent.

3.

Learned Government Pleader for Services-III, appearing for the petitioners, contended that the 1st respondent was working as Bill Collector, and he was seeking minimum time-scale of pay attached to the last Grade Service in terms of decision of the Hon'ble Apex Court in Secretary, State of Karnataka vs.

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Umadevi1; the Tribunal, vide order dated 10.07.2014, was pleased to allow the O.A. in favour of the 1st respondent and directed the petitioners to pay minimum time scale of pay attached to the last Grade Service, without appreciating any of the contentions raised by the petitioners; and therefore, prayed this Court to pass appropriate orders in the Writ Petition by setting aside the order passed by the Tribunal in O.A.No.4322 of 2012, dated 10.07.2014, and allow the Writ Petition. 4.

On the other hand, learned counsel for the 1st respondent contended that the Tribunal was justified in allowing the O.A. in favour of the 1st respondent by following the law laid down by the Hon'ble Apex Court in Umadevi (1 supra); therefore, there are no merits in the Writ Petition and the same is liable to be dismissed.

5.

This Court, having considered the rival submissions made by the parties, is of the considered view that the issue raised in the present Writ Petition is squarely covered by the judgement rendered by the Hon'ble Apex Court in Umadevi (1 supra); and therefore, the Tribunal was justified in allowing the O.A. in favour of the 1st respondent. Therefore, this Court is not 1 (2006) 4 SCC Pg. 1

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inclined to interfere with the order passed by the Tribunal in O.A.No.4322 of 2012, dated 10.07.2014. Accordingly, the Writ Petition is dismissed. No costs.

6.

As a sequel, miscellaneous applications pending if any in this Writ Petition, shall stand closed.

____________________________________ ABHINAND KUMAR SHAVILI, J _________________________ PULLA KARTHIK, J Date : 07.02.2023 Ndr