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High Court for State of TelanganaWP/18248/2003dismissed

Chief Postmaster General, A.P.Circle, v. R.V.Balasubrahmanyam (Died), By Legal

2017-09-21C.V.Nagarjuna Reddy,Kongara Vijaya Lakshmi3 pages

HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY AND HON'BLE SMT JUSTICE K.VIJAYA LAKSHMI WRIT PETITION No.18248 of 2003 Date:21.9.2017 Between:

Chief Postmaster General, A.P.

Circle, Hyderabad and two others.

..... Petitioners And:

R.V.Balasubramanaym ....Respondent Counsel for the petitioners: Mrs. S.Siva Kumari Counsel for the respondent: None appeared The Court made the following:

CVNR, J & KVL, J WP.No.18248 of 2003 Dated:21.9.2017 ORDER: (per Hon'ble Sri Justice C.V.Nagarjuna Reddy) Order, dated 05.8.2002, of the Central Administrative Tribunal, Hyderabad Bench at Hyderabad (for short 'the Tribunal') in O.A.No.381 of 20012 is under challenge in this Writ Petition.

The short question before the Tribunal and decided by it was whether the action of the petitioners in fixing the date of promotion of the respondent as '01.7.2000', though he has earned his promotion, on completion of 26 years of service, on 23.7.1999, is proper or not. The Tribunal allowed the said O.A. based on order, dated 22.01.2000, of the Central Administrative Tribunal at Lucknow Bench in O.A.No.509 of 2001 and directed that the promotion of the respondent shall be given with effect from 23.7.1999 instead of from 01.7.2000.

At the hearing, Mrs. S.Siva Kumari, learned counsel for the petitioners, is unable to state as to whether the afore-mentioned order of the Central Administrative Tribunal at Lucknow Bench was questioned by the petitioners or not.

As a coordinate Bench has granted a relief to a person similarly situated to the respondent herein, unless the said order is successfully challenged by the petitioner-Department, the they cannot question the relief granted by the Tribunal in favour of the respondent.

CVNR, J & KVL, J WP.No.18248 of 2003 Dated:21.9.2017 For the afore-mentioned reasons, we find no merit in this Writ Petition and the same is, accordingly, dismissed. As a sequel, WPMP.No.22720 of 2003 is dismissed as infructuous.

__________________________ JUSTICE C.V.NAGARJUNA REDDY ______________________ JUSTICE K.VIJAYA LAXMI 21st September 2017 DR