Union Of India v. K.V. Ramana Murthy

HIGH COURT FOR THE STATE OF TELANGANA THE HON'BLE THE CHIEF JUSTICE SRI RAGHVENDRA SINGH CHAUHAN AND THE HON'BLE DR. JUSTICE SHAMEEM AKTHER WRIT PETITION Nos.17768, 17769, 17784, 17785 and 17786 of 2019 21.08.2019 Between:

Union of India and others

...Petitioners

and Smt. V. Prema and others

...Respondents

Counsel for the appellants : Mr. B. Narasimha Sarma Counsel for the respondents:

The Court made the following:

COMMON ORDER: (Per the Hon'ble the Chief Justice Sri Raghvendra Singh Chauhan) All these writ petitions arise out of the same impugned order, namely order dated 16.11.2018, passed by the Central Administrative Tribunal, Hyderabad Bench, Hyderabad, in the Original Applications filed by the applicant-respondents. The issue raised before the learned Tribunal by the applicant-respondents was whether they would be entitled to have their pension, in accordance with the resolution dated 29.08.2008 or not? The said issue has already been agitated and decided by the Principal Bench of the learned Tribunal on 01.11.2011 in O.A.No.655 of 2010 and batch. The said decision of the Principal Bench was subsequently upheld by the Apex Court.

Therefore, while deciding the issue in the impugned order, the learned Tribunal has relied upon the judgment passed by the learned Principal Bench, as well as the judgment of the Hon'ble Supreme Court in Union of India vs. K. Venugopalan Nair, in C.C.No(s).2001-2002/2015, wherein the Apex Court had clearly opined that "pre-2006 pensioners pension need to be re-fixed with effect from 01.01.2006 based on the accepted recommendation of the 6th CPC notified through resolution dated 29.08.2008". Therefore, the learned Tribunal had directed the respondentpetitioners to revise the pension in accordance with the resolution dated 29.08.2008.

Mr. B. Narasimha Sarma, the learned counsel for the petitioners, has also conceded that in similar appeals, namely W.P.No.10062 of 2017 and batch, filed against the same impugned order, this Court, by order dated 28.06.2019, had upheld the impugned order passed by the learned Tribunal.

Therefore, for the reasons stated above, this Court does not find any merit in the present writ petitions; they are hereby dismissed. There shall be no order as to costs. The miscellaneous petitions pending, if any, shall stand closed.

_____________________________ RAGHVENDRA SINGH CHAUHAN, CJ ______________________ DR. SHAMEEM AKTHER, J 21st August, 2019 JSU

High Court for the State of Telangana THE HON'BLE THE CHIEF JUSTICE SRI RAGHVENDRA SINGH CHAUHAN AND THE HON'BLE DR. JUSTICE SHAMEEM AKTHER WRIT PETITION Nos.17768, 17769,17784, 17785 and 17786 of 2019 (Per the Hon'ble the Chief Justice Sri Raghvendra Singh Chauhan) Date: 21.08.2019 JSU