Sri Rachakonda Siva Shankara Sastry vs. The Union Of INDIA
Facts
The petitioners, government employees, filed a writ petition before the Telangana High Court challenging the inaction of Respondent No. 6 (Principal Commissioner, Customs and Central Tax, Hyderabad Zone) in disposing of their representations dated October 23, 2024, and March 17, 2025. These representations pertained to the grant of a revised pay structure in accordance with an Office Memorandum dated January 13, 2009, issued by Respondent No. 3 (Department of Expenditure, Ministry of Finance). The petitioners sought a direction for the disposal of their representations and the grant of benefits of revised pay with bunching. The respondents included various authorities from the Ministry of Finance, Central Board of Indirect Taxes and Customs, and Customs and Central Tax departments.
Held
The Court did not delve into the merits of the case or the legal arguments presented. The petitioner, through their counsel, sought permission to withdraw the writ petition with a liberty to file a fresh case before the appropriate forum, specifically the Central Administrative Tribunal (CAT). The Court granted this permission. Consequently, the writ petition was dismissed as withdrawn. No order was made as to costs. Any pending miscellaneous applications connected to this writ petition were also closed.
Key Issues
1. Whether the inaction of Respondent No. 6 in disposing of the petitioners' representations dated 23.10.2024 and 17.03.2025, concerning the grant of revised pay structure as per the Office Memorandum dated 13.01.2009, is arbitrary and illegal, violating Article 14 of the Constitution of India? Petitioner's Contention: The petitioners argued that the prolonged inaction by Respondent No. 6 in addressing their representations regarding the revised pay structure and bunching benefits was arbitrary, illegal, and violative of their fundamental rights under Article 14 of the Constitution. They sought a mandamus directing the respondent to dispose of their representations and grant the benefits. Revenue's Contention: The judgment does not record any specific arguments or contentions made by the respondents. The matter was resolved based on the petitioner's request.
AI-generated summary — verify with the full judgment below
[ 3s04 ] IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Juri iction) THUR AY, THE TWENTY FOURTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO WRIT PETITION NO: 1 6866 0F 2025 Between: 1 Sri Rachakonda Siva shankara Sastry, S/o R. Rama Joqa Rao Aoe.54 vears. 9,9_", ggupr"qent ,Emptoyee Rlo 1'-.1 11tsct32t1tS_B,"Vertaieiwai"ri;;;;. srtpa Garden, Kondapur, Hyderabad - 500094.
Sri P.V. Jaikiran, S/o. Veeraji fSe g! years, Occ. Government Emptoyee Rt/o. P .No.12-13-853t28, nai trto. i01, S.V west, Oo(ur-rvag;ii;;;i;: Hyderabad - 500017 Sri Apelagunta Phani Bhushan, S/o A. Kama Sundara Rao, Age. 53 years, Occ. . Government Employee, R/o. Flat No. S-3, plot No. ia_Zg 'Surul Residency. Malani Enclave, Opp Foot Ball Ground, Trimulgherry, Secunderabad - 500015.
Mandella Ekambara Rao, S/o. f{ [{sh1a lrrlurthy, Aged about 66 years, Occ. covernment.Employee (Retired),_Ry^o _Flat ruo. SOZ,"Vanini Tow;r's, 4.6.R;iu Nagar, Kukatpally, Hyderabad - SOO)T2. ...PETITIONERS lhe U3i91 of lndia, Ministry offinance, Department of Revenue, North Block, New Uelht Represented by its Secretary.
Central Board of lndirect Taxe
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