Shaik. Jamil Ahmed vs. The Union Of INDIA

WP/6419/2025HC TelanganaGSTCNR HBHC01012782202504 March 2025Bench: NAMAVARAPU RAJESHWAR RAO4 pages

For Petitioner: SRI MOHD ISLAMUDDIN ANSARIFor Respondent: SRI GADI PRAVEEN KUMAR, Dy. SOLICITOR, GEN. OF INDIA

AI SummaryDismissed

Facts

The petitioner, Shaik Jamil Ahmed, an employee, filed a writ petition challenging a letter dated 10/05/2023 from the 1st respondent (Union of India) and an order dated 22/08/2024 from the 3rd respondent (Principal Commissioner, Central Tax CGST). The petitioner sought a declaration that the letter, to the extent it considered promotion afresh and not retrospectively, and the order refusing promotion to the cadre of Superintendent effective 10/08/2018, were arbitrary and violative of Article 14 of the Constitution. The petitioner also sought a consequential direction to promote him retrospectively from 10/08/2018 with notional benefits, on par with his juniors. The petitioner had previously obtained an order from the Central Administrative Tribunal (CAT), Hyderabad, on 30/04/2021 in O.A. No. 615 of 2019.

Held

The Court did not decide the merits of the case. The learned counsel for the petitioner sought permission to withdraw the writ petition with liberty to approach the appropriate forum. The Court accorded permission and accordingly, the writ petition was dismissed as withdrawn. The Court granted liberty to the petitioner as prayed for. No order as to costs was made. The operative directions were to dismiss the writ petition as withdrawn with liberty to approach the appropriate forum. No specific issues were expressly left undecided as the petition was withdrawn.

Key Issues

1. Whether the letter dated 10/05/2023 from the 1st respondent, to the extent it considered promotion afresh and not retrospectively, is arbitrary and violative of Article 14 of the Constitution of India? 2. Whether the order dated 22/08/2024 from the 3rd respondent, refusing to promote the petitioner to the cadre of Superintendent effective 10/08/2018, is arbitrary and violative of Article 14 of the Constitution of India, contrary to the findings of the CAT in O.A. No. 615 of 2019? Petitioner's arguments: The petitioner argued that the letter and the order were arbitrary and violated Article 14 of the Constitution. He contended that the refusal to grant retrospective promotion from 10/08/2018, despite a CAT order, was unjust. The petitioner sought promotion on par with his juniors. Respondents' arguments: The judgment does not record any specific arguments made by the respondents. The counsel for the respondents was present.

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE FOURTH DAY OF MARCH TWO THOUSAND AND TWENW FIVE PRESENT THE HONOURABLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO WRIT PETITION NO: 6419 OF 2025 [ 3304 ] Jamil Ahmed, S/o S. Munir Ahmed Aged. 57 years, Occ. Govt Between: Shaik Employee, R/o Flat No. 303 - 3rd Floor, No.5-9-1050, Gun Foundry King Koti Road-Besides Bharathi Vidya Bhavan, Hydeabad-500 00'1. ...pETlTlONER AND '1 . The Union of lndia, Rep. by its Secretary, Department of Revenue, New Delhi-1 10 001. 2. Central Board of lndirect Taxes and Customs, Rep. by its Chairman, North Block, New Delhi-1 10 001 . 3. The Principal Commissioner, Central Tax CGST (Cadre Controlling authority) Hyderabad Zone C.R. Buildings-GST-Bhavan, L.B Stadium Road-Basheer Bagh, Hyderabad -500 004. 4- The Principal Commissioner, The Principal Commissioner Customs Commissionerate, Hyderabad Zone, GST-Bhavan, L.B Stadium Road- Basheer Bagh, Hyderabad -500 004. 5. The Chief Commissioner, Customs Commissionerate, Hyderabad Zone, GST- Bhavan, L.B Stadium Road-Basheer Bagh, Hyderabad -500 004. ...RESPONDENTS Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue appropriate Writ or any other order or direction particularly one in the nature of WRIT OF IVANDAMUS to declare (l) The letter in F. No. 34011101t2O19-Ad.lll.A, dated . 10/05/2023 of the 1st respondent to the extent of considering promotion afresh and not retrospectively, (ll) Order in C.No.11139/0512022-Con.Sec, dated . 2210812024 of the 3rd Respondent refusing to promote the petitioner in the Cadre of Superintendent w.e.f. 10/08/2018, as arbitrary, contrary to finding given in order dated . 3010412021 in O.A. No. 615 of 2019 of the Honourable Central Administrative Tribunal' Hyderabad, as arbitrary, violative of Article 14 of the constitution of lndia, and consequently direct the .i 1. -l'.l: respondents to promote the petitioner to the cadre of Superintendent retrospectively from 1010812018 (on actual basis) with notioral benefits on par with his juniors. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the c;ircumstances stated in the affidavit filed in support of the petition, the High court may be pleased to direct the Respondents to promote the petitioner to the cadre of Superintendent by suspending operation of the letter in F.No. 34011lC11209'Ad.lll.A, dated. 1010512023 of the 1st respondent, pending disposal of the nrain writ petition. Counsel for the Petitioner: SRI MOHD ISLAMUDDIN ANSARI Counsel for the Respondents: SRI GADI PRAVEEN KUMAR, Dy. SOLICITOR GEN. OF INDIA

The Court made the following: ORDER

THE HON'BLE SRI JUSTICE NAMAVARAPU R,A'ESHWAR RAO WRIT PETITION No.6419 OF 2025 ORDER Mr. Mohd. Islamuddin Ansari, learned counsel for the petitioner, seeks permission of this Court to withdraw the present Writ Petition with a liberty to approach the appropriate forum.

Permission is accorded.

Accordingly, this Writ Petition is dlsmissed as withdrawn, by giving liberty as prayed for. There shall be no order as to costs As a sequel, miscellaneous applications pending, if any, in this Writ Petition, sha ll sta nd closed. A . T. JAYASREE ISTANT REGISTRAR //// SECTION OFFICER To 1 2 One CC to SRI TMOHD ISLAIVUDDIN ANSARI, d cate [OPUC] One CC to SRI GADI PRAVEEN KUMAR, Dy. S toPUCl Two CD Copies CITOR GEN. OF INDIA 2 PSK. GJP

HIGH COURT DATED:0410312025 ORDER WP.No.6419 of 2025 (, a -4" 0 3 :lri ZIZI t 1)::SPATCH g_O DISMISSING THE WRIT PETITION AS WITHDRAWN WITHOUT COSTS I I ) *

Reproduced from the public record of the Telangana High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.