Union Of India, New Delhi And ANR v. Dr.M.V.Subba Reddy, Hyd And 2 Others

THE HON'BLE SRI JUSTI CE C.V.NAGARJUNA REDDY AND THE HON'BLE SMT JUSTI CE KONGARA VI JAYA LAKSHMI WRI T PETI TI ON No.30284 of 2017 Between:

The Union of India, represented by its Secretary, Ministry of Personnel, Public Grievances and Pension, Department of New Delhi and another ..Petitioners and Dr.M.V.Subba Reddy and others ..Respondents Counsel for the petitioners: Mr.K.Lakshman, Assistant Solicitor General Counsel for respondent No.1: Mr.D.Narendar Naik Counsel for respondentNos.2 and 3: -- The Court made the following:

CVNR,J & KVL,J W.P.No.30284 of 2017 ORDER: (Per the Hon'ble Sri Justice C.V.Nagarjuna Reddy) This writ petition is filed feeling aggrieved by order, dated 01.09.2016, in R.A.No.34 of 2016 in O.A.No.1451 of 2013 on the file of the Central Administrative Tribunal, Hyderabad Bench at Hyderabad (for short 'the Tribunal').

2.

On 13.09.2017, after arguing the case Mr.R.Raghunandan, learned senior counsel representing Mr.D.Narendar Naik, learned counsel for respondent No.1, has requested for an adjournment for instructions. Today, at the hearing, Mr.D.Narendar Naik has submitted that having weighed the pros and cons, his client is agreeable for setting aside order, 01.09.2016, in R.A.No.34 of 2016 in O.A.No.1451 of 2013, which is impugned in this writ petition, provided the petitioners will not challenge original order, dated 15.06.2015, in O.A.No.1451 of 2013 of the Tribunal. 3.

Mr.K.Lakshman, learned Assistant Solicitor General appearing for the petitioners, has fairly conceded that as the two earlier writ petitions filed by the petitioners questioning the original order in O.A.No.1451 of 2013 were permitted to be withdrawn with liberty to them to challenge the order impugned in this writ petition viz., order, 01.09.2016, in R.A.No.34 of 2016 in O.A.No.1451 of 2013, the petitioners would not challenge the original order passed in the O.A. again. 4.

In the light of the above submissions, the impugned order is set aside, as a result of which, original order, dated 15.06.2015, in O.A.No.1451 of 2013 on the file of the Tribunal stands revived. The Writ Petition is, accordingly, allowed.

CVNR,J & KVL,J W.P.No.30284 of 2017 5.

As a sequel to allowing the writ petition, W.P.M.P.No.37751 of 2017 filed by the petitioners for interim relief shall stand disposed of as infructuous.

______________________________ C.V.NAGARJUNA REDDY, J ___________________________________ KONGARA VI JAYA LAKSHMI , J 04th October, 2017 GHN