Union Of India Rep By Its Secretary To The Government v. Gopal Krishna Murthy,

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH THURSDAY, THE TWENTY FIRST DAY OF APRIL TWO THOUSAND AND SIXTEEN (21.04.2016) PRESENT THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY & THE HON'BLE SRI JUSTICE M.S.K.JAISWAL WRIT PETITION No.13338 of 2016 Between:

Union of India, rep.by its Secretary to the Government, Department of Atomic Energy, Anushakti Bhavan, CSM Marg, Mumbai and 2 others ..... PETITIONERS AND Gopal Krishna Murthy and another .....RESPONDENTS Counsel for the Petitioner : Mr.B.NARAYANA REDDY Asst.Solicitor General Counsel for Respondents Nos.1 to 5 : ........ The Court made the following:

THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY & THE HON'BLE SRI JUSTICE M.S.K.JAISWAL

WRIT PETITION No.13338 of 2016 JUDGMENT: (per Hon'ble Sri Justice C.V.Nagarjuna Reddy) This writ petition is filed for certiorari to quash the order, dated 29.12.2015, in O.A.No.1829 of 2015, on the file of the Central Administrative Tribunal, Hyderabad Bench, Hyderabad (for short "the Tribunal"), whereby it has allowed the said O.A. following its earlier order, dated 20.11.2014, in O.A.No.393 of 2013. We have heard Mr.B.Narayana Reddy, learned Assistant Solicitor General, and perused the record.

The issue raised in the O.A. before the Tribunal pertains to treating the increments granted to the applicants under Office Memorandum, dated 03.02.1999, as 'pay' as defined under Fundamental Rule 9 (21) (a).

A perusal of the record shows that the said issue was raised by certain employees, who were similarly placed to the petitioner before the Central Administrative Tribunal of Ernakulam Bench. The said Bench has dismissed the O.As. Feeling aggrieved by the said dismissal, the applicants therein filed W.P.(Civil) Nos.29358 of 2004 and batch in the High Court of Kerala. The Kerala High Court allowed the said Writ Petitions by order, dated 18.01.2007, granting the relief claimed by the petitioners therein. The judgment of the Kerala High Court was upheld by the Supreme Court by order, dated 04.04.2011, in SLP No.555-560 of 2008. Certain similarly placed employees have filed O.A.No.393 of 2013 before the Hyderabad Bench of the Tribunal. By a detailed judgment and following the judgment of the Kerala High Court, the Tribunal has allowed the said O.A.

Respondent No.1, who is admittedly situated similar to the applicants in O.A.No.393 of 2013, has filed OA/021/1829/2015 for a similar relief. The learned Senior Central Government Standing Counsel, on instructions, reported before the Tribunal that the issue raised in the OA is squarely covered by order, dated 20.11.2014, in OA

No.393 of 2013. Therefore, following the order in the said OA, the Tribunal has allowed OA/021/1829/2015 by the impugned order. The learned Assistant Solicitor General has fairly admitted the above noted facts as correct. Inasmuch as the order passed by the Kerala High Court has received the approval of the Supreme Court with regard to the relief granted to the similarly situated employees, the Tribunal has allowed O.A.No.393 of 2013 and following the said order, it has allowed OA/021/1829/2015, out of which the present writ petition arises.

In the light of the above facts, we do not find any merit in this writ petition and the same is, accordingly, dismissed. As a sequel to dismissal of the Writ Petition, WPMP No.16677 of 2016, filed by the petitioners for interim relief, is disposed of as infructuous.

________________________ C.V.NAGARJUNA REDDY,J __________________ M.S.K.JAISWAL,J Date: 21.04.2016 Dsr