Telangana High Court
WP/6462/2003 of THE DIR.OF TREASURIES AND ACCOUNTS ANDANR Vs SRI.MAHAMOOD HUSSAIN on 28 December 2004
COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY EIGHTH DAY OF DECEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE G. BIKSHAPATHY and THE HON'BLE MR JUSTICE P.S.NARAYANA WRIT PETITION NO : 6462 of 2003 Between: 1. The Director of
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
(Special Original Jurisdiction)
TUESDAY, THE TWENTY EIGHTH DAY OF DECEMBERTWO THOUSAND AND FOUR
PRESENT
THE HON'BLE MR JUSTICE G. BIKSHAPATHY
and
THE HON'BLE MR JUSTICE P.S.NARAYANA
WRIT PETITION NO : 6462 of 2003
Between:
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
1. The Director of Treasuries and Accounts, Insurance Building, Tilak Road, Abids Hyderabad.
2. The Chief Accounts Officer,
O/o.The Government Central Press,
Hyderabad.
.. PETITIONERS
And
Sri Mohamood Hussain s/o.Afzaluddin,
Aged about 59 years, Retired as Superintendent, O/o. The Commissioner of Agriculture, Andhra Pradesh, Hyderabad, R/o.H.No.21-3-402/1, Petta Burj,
.. RESPONDENTS
Petition under Article 226 of the constitution of India praying thatin the circumstances stated in the Affidavit filed herein the High Courtwill be pleased to issue an order, direction or a writ, particularly one inthe nature of a writ of certiorari calling for the records relating to theorder of the Hon’ble A.P. Administrative Tribunal dated 22-2-2002 inO.A.No.7765/99 and to quash the same.
Counsel for the Petitioners: GP FOR SERVICES II
Counsel for the Respondent: SMT.G.VIJAYA LAKSHMI
The Court made the following :
ORDER:(per Hon’ble Sri Justice G.Bikshapathy)
The Writ Petition is filed assailing the order passed by A.P.Administrative Tribunal in O.A.No.7765/99, dated 22-2-2002.
2. The matter relates to grant of Selection Grade Scale to therespondent herein on the basis of Selection Grade Scale granted tohis juniors. It is stated that the respondent herein and one M.Sathaiahwere granted stepping up of Pay by proceedings dated 6-8-1985 onpar with their juniors i.e., Taharulla Hussain and Khaja Ghousuddin,in terms of G.O.Ms.No.190, F & P, dated 10-6-1983. However, sincethe orders issued in favour of the said juniors of the respondent herein were found to be irregular and not in accordance with theRules, the same were cancelled by the Government in MemoNo.23979/F/841/Adm.I/87, dated 22-12-1989. Consequently, theorders issued stepping up the Pay in respect of the respondentherein and the said M.Sathaiah also were cancelled by the ChiefAccounts Officer, Government Central Press, Hyderabad, the 2[nd]petitioner herein, in Memo No.A(1)/ACCTS/301/97, dated 19-2-2000.The respondent herein and the said M.Sathaiah challenged the saidorder of cancellation of stepping up of their Pay in O.A.No.7765/99and O.A.No.7759/99 respectively, before the A.P. AdministrativeTribunal. The said O.As. came to be allowed by the Tribunal by theorder dated 22-2-2002. Hence, the present Writ Petition is filed by theGovernment against the order of the A.P. Administrative Tribunal inO.A.No.7765/99, dated 22-2-2002.
3. The learned Government Pleader for Services-II submits that inrespect of the juniors of the respondent herein i.e., Taharulla Hussainand Khaja Ghousuddin, on par with whom the respondent hereinclaimed stepping up of Pay, their stepping up of the Pay wascancelled and out of them, it is reported one person i.e., TaharullaHussain already died and in respect of another person, i.e., KhajaGhousuddin, O.A.No.3449/97 is pending before the Tribunal andtherefore the impugned order of the Tribunal is liable to be set-aside.
4. We have heard the learned Counsel for the respondent also.
5. The Tribunal has recorded reasons for allowing O.A.No.7765/99against which the present Writ Petition has been filed, at para-8 of theimpugned order wherein the Tribunal observed that it is notconcerned with the issue relating to the eligibility or otherwise of thejuniors of the respondent herein i.e., Khaja Ghousuddin and SyedTaharulla Hussain, for Selection Grade scale of Pay on par withwhom the respondent herein is claiming stepping of his Pay. TheTribunal further observed that it is not in dispute that the respondentherein and M.Sathaiah, the applicant in O.A.No.7759/99, are seniorsto the said Khaja Ghousuddin and Syed Taharulla Hussain. Further,according to the decision of the Tribunal in O.A.No.504/94, dated 2-8-1996 Taharulla Hussain is entitled for Selection Grade Pay scale andthe review petition filed by the Government against that order wasalso dismissed on 27-1-1999 and therefore the order of the Tribunalin so far as eligibility of Syed Taharulla Hussain for Selection Gradescale is concerned, the same has become final. The Tribunal alsofurther observed that when the junior of the respondent herein isgiven Selection Grade Scale of Pay under G.O.Ms.No.190, F & P,dated 10-6-1983, the respondent herein who is senior to the saidperson and on par with whom he claimed the stepping up of the Pay,is eligible for stepping up of Pay. Under these circumstances, we donot find any illegality in the order passed by the A.P. Administrative Tribunal in O.A.No.7765/99 dated 22-2-2002.
6. Accordingly, we dismiss the Writ Petition. No order as to costs.
___________________
Justice G.Bikshapathy
___________________
Justice P.S.NarayanaDate : 28-12-2004
AM
ASSISTANT REGISTRAR
To
1. The Director of Treasuries and Accounts, Insurance Building, Tilak Road, Abids Hyderabad.
2. The Chief Accounts Officer,
O/o.The Government Central Press,
Hyderabad.
3. The Registrar, A.P. Administrative Tribunal, Hyderabad.
4. 2CCs to Government Pleader for Services-II, High Court of A.P.
High court Buildings,Hyderabad. (OUT)5. 2CD copies