Telangana High Court
M. Jambaga Lakshmi, Secunderabad 17. vs The Secretary, Atomic Energy Dept., ... on 7 November, 2022
Author: Abhinand Kumar Shavili
Bench: Abhinand Kumar Shavili
THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI
AND
THE HON'BLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO
Writ Petition Nos.6848 and 10232 of 2011
COMMON ORDER :(Per Hon'ble Justice Abhinand Kumar Shavili) Both these Writ Petitions are being disposed of as the issue raised in these Writ Petitions is one and the same.
2. For the sake of convenience, the facts in Writ Petition No.6848 of 2011 are discussed hereunder.
3. Writ Petition No.6848 of 2011 is filed by the petitioners seeking a Writ of Mandamus to declare the action of respondents in not re-designating the petitioners for the post of Scientific Assistant-B with effect from their initial date of appointment as Scientific Assistant-A, and also the order passed by the Central Administrative Tribunal, Hyderabad (for short, 'the Tribunal') in dismissing the O.A.No.356 of 2009 by order dated 26-07-2010 as arbitrary, illegal, unjust and unconstitutional.
4. Heard Ms. N. Shoba, learned counsel for the petitioners; and Mr. Gadi Praveen Kumar, learned Dy. Solicitor General of India, for the respondents.
::2:: AKS,J & RRN,J
wps_6848 & 10232_2011
5. Learned counsel for the petitioners contended that petitioners were initially appointed as 'Scientific Assistants' and 'Tradesman' in the year 1983, and the grievance of petitioners was that the respondents were not re- designating them as 'Scientific Assistant-B'; when the case of petitioners was not considered, the petitioners approached the Tribunal by filing O.A.No.356 of 2009; the Tribunal, vide order dated 26.07.2010, was pleased to dismiss the O.A. without appreciating any of the contentions raised by the petitioners; and therefore, prayed this Court to pass appropriate orders in the Writ Petition by directing the respondents to re-designate the petitioners as 'Scientific Assistant-A' from the date of their initial appointment.
6. On the other hand, learned counsel for the respondents contended that petitioners herein were appointed way back as Tradesman and Scientific Assistants in the year 1983, and belatedly the petitioners have approached the Tribunal, i.e., in the year 2009 seeking re-designation as 'Scientific Assistant-B'; the Tribunal has considered the entire case and rightly ::3:: AKS,J & RRN,J wps_6848 & 10232_2011 dismissed the O.A.; and therefore, there are no merits in the Writ Petition and the same is liable to be dismissed.
7. This Court, having considered the rival submissions made by the parties, is of the considered view that the Tribunal was justified in dismissing the O.A. as the petitioners have approached the Tribunal after nearly two- and-a-half decades from the date of their initial appointment. Therefore, this Court is not inclined to interfere with the order passed by the Tribunal in O.A.No.356 of 2009, dated 26.07.2010.
8. Accordingly, the Writ Petitions are dismissed. No costs.
9. As a sequel, miscellaneous applications pending if any in these Writ Petitions, shall stand closed.
__________________________________ ABHINAND KUMAR SHAVILI, J ______________________________________ NAMAVARAPU RAJESHWAR RAO, J Date : 07.11.2022 Ndr