High Court for State of TelanganaWP/35139/2017dismissed

The Union Of The India v. S.Ramachandra Naik,

2017-10-24C.V.Nagarjuna Reddy,Kongara Vijaya Lakshmi4 pages

HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY AND HON'BLE SMT JUSTICE KONGARA VIJAYA LAKSHMI WRIT PETITION Nos.35126 & 35139 of 2017 W. P. Nos.35126 & 35139 of 2017 Between:

The Union of India, rep. by the Secretary & Director General, Department of Posts and others ..Petitioners And P. Aswartha Narayana and another ..Respondents Counsel for the petitioners : Assistant Solicitor General of India Counsel for the respondents: None appeared.

The Court made the following:

COMMON ORDER: (Per the Hon'ble Sri Justice C.V.Nagarjuna Reddy) These two writ petitions are filed against separate but identical orders passed by the Central Administrative Tribunal, Hyderabad Bench at Hyderabad (for short 'the Tribunal), whereby it has allowed the O.As filed by the respondents in the respective writ petitions extending the benefit of the installment of Dearness Allowance which fell due on 01.07.2014. A perusal of the impugned orders shows that the issue was decided in favour of the respondents by the Tribunal based on a Full Bench judgment of this Court in W.P.Nos.22042, 24191, 24308 and 24324 of 2003 holding that the persons who retired on 30.06.2014 are entitled to the benefit of installment of Dearness Allowance payable with effect from 01.07.2014 for the purpose of calculation of death-cum-retirement gratuity and leave encashment.

Sri K. Lakshman, Assistant Solicitor General has not disputed the fact that the issue raised in both the O.As filed by the respondents before the Tribunal were covered by the aforementioned Full Bench judgment which has attained finality.

In view of the above, we do not find any reasons to interfere with the impugned orders passed by the Tribunal. Both the writ petitions are accordingly dismissed. No order as to costs.

As a sequel to disposal of the writ petitions, WP MP No.43644 of 2017 in WP No.35126 of 2017 and WP MP No.43659 of 2017 in WP No.35139 of 2017 are disposed of as infructuous.

__________________________ C.V. NAGARJUNA REDDY, J _____________________________ KONGARA VIJAYA LAKSHMI, J Bss/Gk.

HON'BLE SRI JUSTICE C.V. NAGARJUNA REDDY AND HON'BLE SMT JUSTICE KONGARA VIJAYA LAKSHMI WRIT PETITION Nos.35126 & 35139 of 2017 (per Hon'ble Sri Justice C.V. Nagarjuna Reddy) Bss/Gk.