Telangana High Court
R Appala Naidu And 9 Others vs Secretary Ministry Of Defence And 30 ... on 10 September, 2018
Author: Sanjay Kumar
Bench: Sanjay Kumar
THE HON'BLE SRI JUSTICE SANJAY KUMAR
AND
THE HON'BLE SRI JUSTICE M.GANGA RAO
WRIT PETITION No.1476 OF 2017
ORDER:(per Hon'ble Sri Justice Sanjay Kumar) The petitioners are some of the applicants in O.A.No.1454 of 2012 on the file of the Central Administrative Tribunal, Hyderabad Bench, Hyderabad. The said O.A. was disposed of along with a batch of other O.As vide common order dated 05.12.2014 passed in O.A.No.782 of 2013 and batch. Aggrieved by the said disposal, the present writ petition was filed.
Dr.P.B. Vijaya Kumar, learned counsel for the petitioners, would point out that the prayer of the applicants in O.A.No.1454 of 2012 was not identical to the prayers in the other O.As., inasmuch as the petitioners along with the other applicants in O.A.No.1454 of 2012 assailed the very legality of the Integrated Headquarters Ministry of Defence (Navy) Group 'C' Industrial Posts (Tradesmen) Recruitment Rules, 2012, insofar as they fixed an age limit for trade apprentices of the Naval Dockyard Apprentices School and insofar as they deleted absorption of the ex-naval apprentices in the posts of 'Tradesmen Skilled'. A further direction was sought in the O.A. to strike down the said Rules and direct the absorption of all ex-naval apprentices without reference to the upper age limit on par with earlier absorbed apprentices.
Perusal of the common order under challenge reflects that the Tribunal proceeded on the ground that all the applicants in the O.As. covered thereby had taken the only ground that the aforestated Rules have no application to the vacancies which occurred prior to 2012. It was on this basis that the subject O.A. was also clubbed with the other O.As. and ultimately disposed of with directions.
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The Tribunal did not note the fact that insofar as the subject O.A. was concerned, the very validity of the Rules to the extent indicated supra was under challenge. This aspect of the matter was not looked into at all owing to the error committed by the Tribunal in clubbing this O.A, with other O.As., wherein this question did not arise. The challenge raised by the petitioners along with the other applicants in O.A.No.1454 of 2012 was therefore never addressed.
On that short ground, the common order dated 05.12.2014, in so far as it pertains to O.A.No.1454 of 2012, is set aside and the said O.A is remitted to the file of the Central Administrative Tribunal, Hyderabad Bench, Hyderabad, for consideration afresh on its own merits and in accordance with law.
The writ petition is allowed to the extent indicated above. Pending miscellaneous petitions, if any, shall stand closed in the light of this final order. No order as to costs.
_________________ SANJAY KUMAR,J _________________ M. GANGA RAO, J Date: 10.09.2018 va