Union Of India Represented By The General Manager, v. Nagamuni Kumari
[ 3413 ] HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE NINETEENTH DAY OF DECEMBER TWO THOUSAND AND TWENry FOUR PRESENT THE HONOURABLE SRI JUSTICE ABHINAND KUMAR SHAVILI AND THE HONOURABLE SRI JUSTICE LAXMI NARAYANA ALISHETTY REV.lA.No.l OF 2024 IN WRIT PETITION NO: 11837 OF 20't9 Between:
1. Union of lndia represented by the General Manager, South Central Railway,
2. The Financial Advisor and Chief Accounts Officer South Central Railway, Rail Nilayam, Secunderabad.
3. The Divisional Railway Manager, South Central Railway, Secunderabad. ...PETITIONERS/PETITIONERS AND Nagamuni Kumari, D/o Late A.V. Ramana Aged about 68 Years, Rl/o H.No.24-14414, Vimaladevi Colony Vishnupuri, Malkajgiri Hyderabad - 500 o47'
...RESP.NDENT/RESP.NDENT Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to allow the review petition by reviewing the order dt.11 .06.2024 passed in WP No. 11837 of 2019.
This Petition coming on for hearing, upon perusing the petition and Memorandum of Grounds filed in support thereof and upon reading the Order dt: 11.06.2024 in W.P.No.1183712019 and upon hearing the argurnents of Sri AKHILESHWAR, Counsel for the Review Petitioners and of Sri A.RAGHU KUMAR, on behalf of the Respondent: the Court made the following: ORDER This application is filed seeking to review the order dated 11.06.2024 passed by this Court in W.P.No.11837 of 2019.
Sri Akhileshwar, learned counsel appearing for the review petitioners had contended that the review petitioners have erroneously paid amounts to the respondent's father and during his life time, the respondent's father has refunded an amount of Rs.8,25,1 11l- and after expiry of his father, the respondent has also paid an mount of Rs.1,28,835/- from the family pension. After repaying the entire amount, the respondent has approached the Central Administrative Tribunal, Hyderabad, by filing O.A.No.354 of 2017 and the Tribunal vide order 01.02.2019 allowed the said OA. Aggrieved by the same, the review petitioners have approached this Gourt by filing W.p.No.11837 of 2019 and this Court dismissed the writ petition vide order dated 11.06.2024 by holding that the issue is squarely covered by the judgment of the Apex Court in State of Punjab & others vs. Rafiq Masih (White Washer) & Others (2015 (4) scc 334).
Learned counsel appearing for the review petitioners had further contended that the issue is not squarely covered by the judgment of the Apex Court in Rafiq Masih'case. Therefore, the order dated 11.06.2024 passed by this Court in W.P.No.11837 of 2019 and the order dated 01.O2.ZO1} passed by the Tribunal in O.A.No.354 of 2017, be suspended. Since the case requires detailed examination, the order dated 01.02.2019 passed by the Tribunal in O.A.No.3S4 ol 2017 is stayed. lssue notice to the respondent.
Learned counsel appearing for the review petitioners is permitted to take out personal notice to the respondent and file proof of service. List on 23.01.2025.
SP/.P. PADMANABHA REDDY //TRUE COPY// ASSISTANT REGISTRAR SECTION OFFICER
1. OneCCtoSRl,AKHILESHWAR,AdvocatetOpUCl t
2. One CC to SRI A.RAGHU KUMAR, Advocaie tOpUCI g. fl'g. Section Officer, Service Section, High Codrt for the State of Telangana, at Hyderabad.
4. The. Section Officer, Posting Section, High Court for the State of Telangana, at Hyderabad. [OUT]
5. Two CD Copies To PSK BS (*-
HIGH COURT DATED:1911212024 NOTE: LIST ON DT:23.01.2025
ORDER
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