High Court for State of TelanganaWP/28716/2018disposed of no costs

The Union Of India v. P. Appala Raju

2018-09-06Sanjay Kumar,M.Ganga Rao2 pages

HON'BLE SRI JUSTICE SANJAY KUMAR AND HON'BLE SRI JUSTICE M. GANGA RAO WRIT PETITION No.28716 OF 2018 ORDER (ORAL) : (Per Hon'ble Sri Justice Sanjay Kumar) The Union of India and its officials filed this Writ Petition aggrieved by the order dated 31.08.2017 passed by the Central Administrative Tribunal, Hyderabad Bench, Hyderabad, in OA/020/719/2017. The said O.A. was filed by the respondent herein seeking a direction to the authorities to grant him the benefit of MACP Scheme from the date of his appointment, i.e., 21.09.1983, along with consequential reliefs. The Tribunal however disposed of the O.A. directing the respondent - applicant to make a fresh representation to the authorities and the authorities, in turn, were directed to pass a reasoned order and extend benefit to the respondent - applicant if he was similarly situated to the applicants in O.A. No.1144 of 2013 and the other O.As. referred to in the order. Such consideration was directed to be undertaken within a timeframe.

2. We are at a loss to understand as to why the Union of India and its officials filed this writ petition against the aforesaid direction. The Tribunal did not decide anything on merits and merely left it open to the authorities to consider the representation made by the respondent - applicant and pass a reasoned order thereon.

SK,J & MGR,J WP No.28716 of 2018

3. We therefore see no reason to entertain this writ petition. As the timeframe fixed by the Tribunal has already expired, the respondent - applicant is directed to make a fresh application to the authorities within two (2) weeks from the date of receipt of a copy of this order and the authorities concerned shall pass appropriate reasoned orders thereon within two (2) weeks thereafter.

4. Subject to above directions, the Writ Petition is dismissed. No order as to costs.

Miscellaneous Petitions, if any, pending in this writ petition also stand dismissed.

_____________________ SANJAY KUMAR, J _____________________ M. GANGA RAO, J September 6, 2018.