L. Sudarshan Reddy v. The Telangana State Rdad Transport

HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No.28390 OF 2017 ORDER:

The case of the petitioners is that they were granted years Special Grade/Stagnation Increment, after completion of 20 years. But the same was cancelled by granting retrospective promotion. Aggrieved by the same, the present writ petition is filed.

Sri B.Mayur Reddy, learned Standing counsel for TSRTC on instructions submits that since the petitioners were promoted before completion of 20 years, they are not entitled for Special Grade/Stagnation Increment. He could not dispute the fact that the petitioners were not issued notices before withdrawing the said benefit.

A reading of the impugned order goes to show that the petitioners were not put on notice before withdrawing the benefit of Special Grade/Stagnation Increment, the impugned action of the respondents in canceling the Special Grade/Stagnation Increment granted to the petitioners, as such the same is in violation of principles of natural justice. In view of the above, without going into the merits of the case, the office order dated 27.05.2015 issued by the 2nd respondent is set aside only on the ground of violation of principles of natural justice. However, this order will not preclude the respondent authorities from taking action, after issuing notice and affording an opportunity of hearing

to the petitioners and it is open for the petitioners to raise all their objections and the competent authority is obligated to consider the same.

Writ petition is accordingly allowed to the extent indicated above. No order as to costs.

As a sequel thereto, miscellaneous petitions, if any, pending in the writ petition, shall stand closed. _____________________________ A.RAJASHEKER REDDY, J 04.09.2017 dv