Union Of INDIA vs. K. Sri Rama Chandra Murthy
Facts
These writ petitions were filed by various departments of the Union of India, including BSNL and Indian Railways, and their officers. The petitioners challenged orders passed by the Central Administrative Tribunal (CAT), Hyderabad Bench. The respondents were retired employees of these government departments. The core of the dispute involved the entitlement of these retired employees to increments that would have fallen due on July 1st, after their retirement on June 30th. The petitioners sought to quash the CAT's orders which had seemingly ruled in favour of the retired employees, thereby directing the payment of these increments.
Held
The High Court held that the issue involved in all the writ petitions was squarely covered by the judgment of the Apex Court in Director (ADMN.I), KPTCL vs. C.P. Manjunath & Ors. The Apex Court had ruled that employees who retired on June 30th and whose increments fell on July 1st are entitled to the benefit of that increment. Following this binding precedent, the High Court found that the writ petitions filed by the Union of India and its departments were without merit. Consequently, all the writ petitions were dismissed. However, the petitioners were granted six months' time to comply with the order passed by the Court.
Key Issues
1. Whether employees who retired on June 30th are entitled to the increment that would have fallen due on July 1st of the same year, considering the principle of 'dying in harness' and the benefit of increment? The petitioners argued that the issue was covered by the judgment of the Apex Court in Director (ADMN.I), KPTCL vs. C.P. Manjunath & Ors. They contended that this judgment held that employees retiring on June 30th are entitled to the benefit of the increment falling on July 1st. Based on this precedent, they submitted that the writ petitions were liable to be dismissed. The respondents, the retired employees, did not appear to have presented any arguments in the provided text, as the judgment focuses on the petitioners' submission regarding the Apex Court's ruling.
AI-generated summary — verify with the full judgment below
[ 3318 ] HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (SPecial Original Juri iction) THUR AY, THE THIRTEENTH DAY OF JULY TWO THOUSAND AND TWENTY THREE PRESENT THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI AND THE HON'BLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO W.P.NOs.36137 OF 2022 18590. 18630, 18635 , 18756 . 19408, 20907,2 0908.20922, 20926, 21040 21056 21144 21267 23196 0F 2020 AND 173 0F 2021 WRIT PETITION NO. 36137 0F 2022: Between:
The General lvlanager, Telecom District, BSNL, Guntur.
The Chief General Manager, Telecom Telecom Circle, Hyderabad'
The Chairman & Managing Director, BSNL, Corporate Office, Bharat Sanchar Nigam Ltd., 4rn Floor, Janpath, New Delhi-110 001. 4. Union of lndia, Represented by the Secretary, Department of Telecommunication and iT, 20, Rshok Road, New Delhi.
The Chief Controller of Communications Accounts, Telecom' Telangana Circle, Hyderabad.
The Chief General Manager, BSNL, Tamilnadu Circle, Chennai. ...PETITIONERS AND 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 any writ or order or direction more particu
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