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High Court for State of TelanganaWP/8665/2015disposed of no costs

The Union Of India, Rep. By Its Secretary, v. M.Ramachandra Rao

2015-06-05K.C.Bhanu,Anis4 pages

THE HON'BLE SRI JUSTICE K.C.BHANU AND THE HON'BLE MRS JUSTICE ANIS WRIT PETITION No.8665 OF 2015 ORDER:- (per Hon'ble Sri Justice K.C.Bhanu) This writ petition is filed challenging the order, dated 24.7.2014, in O.A.No.1359 of 2013 on the file of the Central Administrative Tribunal, Hyderabad Bench, Hyderabad (for short, "the Tribunal").

2. Respondent Nos.1 to 20 herein/applicants filed the aforementioned Original Application before the Tribunal to direct the petitioners herein to extend the benefit of the judgment, dated 4.2.2011, in O.A.No.675 of 2009 and batch of Chandigarh Bench by declaring the action of the petitioners herein in not considering their cases for extending the benefit of the said judgment though they are similarly situated as illegal and arbitrary, and consequently, to direct the petitioners herein to sanction and grant pension and other benefits in the interest of justice.

3. The Tribunal, upon considering the material on record, disposed of the aforementioned Original Application directing the petitioners herein to extend the benefit of judgment, dated 4.2.2011, in O.A.No.675 of 2009 and batch of Chandigarh Bench to the applicants also, provided they are similarly situated to that of the applicants in the judgment, dated 4.2.2011, in O.A.No.675 of 2009 and batch of Chandigarh Bench, and pass orders within a period of two months and communicate the decision thereon within a period of two weeks thereafter. Challenging the same, Government filed the present writ petition.

4. Heard both sides.

5. In view of the fact that learned Assistant Solicitor General of India appearing for the petitioners herein reported no objection to grant the relief, as prayed for, provided the applicants are similarly situated to that of the applicants in O.A.No.675 of 2009 and batch of Chandigarh Bench, appropriate decision has to be taken by the petitioners herein as to whether the case of the applicants is similarly situated to that of the applicants in O.A.No.675 of 2009 and batch of Chandigarh Bench or not. The Tribunal rightly passed the impugned order and that order needs no interference by this Court. However, as the time granted to the petitioners herein by the Tribunal to pass orders expired, we direct the petitioners herein to take appropriate decision within a period of two (2) months from the date of receipt of a copy of this order and communicate the same to the applicants within a period of two (2) weeks thereafter.

6. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. Miscellaneous Petitions, if any, pending in this writ petition shall stand closed.

______________________ JUSTICE K.C.BHANU _______________ JUSTICE ANIS Date: 05.06.2015 AMD THE HON'BLE SRI JUSTICE K.C.BHANU AND THE HON'BLE MRS JUSTICE ANIS

WRIT PETITION No.8665 OF 2015 DATE: 05.06.2015 AMD