Wp/18458/2008 Of The Commmissioner Of Income Tax (Cib) v. K.devendra Prasad,Hyderabad

HIGH COURT FOR (SPecial Original Jurisdiction) MONDAY, THE ELEVENTH TWO THOUSAND AND PRESENT THE HONOURABLE ANDTHE HONOURABLE [JUSTICE N.V.SHRAVAN KUMAR] WRIT PETITION [N]O:18458[oF ][2008] Between:in'e-bo.missioner of [lncome Tax ][(ClB), ][Ayakar ][Bhavan ][4th ][Floor,]Basheerbagh, HYderabad. ...PETITIONER AND K. Devendra Prasad, [S/o.Late ][Venkateswara ][Rao Tax ][Asst.(u/s) ][office ][of ][the]Commissioner Of [lncome Tax (ClB) Ayakar ][Bhavan ][4th ][Floor Basheerbagn]Hyderabad-500004 .._RES'ONDENT petition under Article 226 ot 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 [direction more ][particularly ][in ][the ][nature ][of ][writ of]certiorari to call for [the ][records ][on ][o.A.No.548 ][t2oo7 ][dt.1-1'2008 ][on the ][file ][of]central Administrative [Tribunal ][Hyderabad Bench ][at ][Hyderabad and declare ][the]impugned direction [of the Tribunal directing the authorities ][to ][sanction ][increments]due and payble to the [applicant ][during ][his ][period of suspension as ][contrary ][to ][law]illegal and consequently [set aside ][the ][same.]l.A. NO: ['l ]OF 2008 {WPMP. [NO: ][24023 O] [2008)] Petition under section [151 ] [praying ][that ][in ][the ][Circumstances ][stated ][in]the affidavit filed [in ][support ][of the ][petition, ][the ][High ][court ][may be ][pleased ][to]suspend the operation [of ][impugned direction of the ][Tribunal ][in ][o.A.No.548/2007 ][dI]1-1-2OOB directing the [authorities ][to ][sanction ][increments ][to ][the ][Applicant ][in ][the]O.A. during his suspension [period pending disposal ][of ][the ][Writ ][Petition']Counsel for the Petitioner: [SRI' ][B. NARASIMHA ] Counsel for the Respondent: The Court made the [following: ] HON'BLE SRI JUSTICE ABHINAND KUMAR SIIAVILIandHON'BLE SRI JUSTICE N.V.SHRAVAN KUMAR V.P.No.l8458 OF 2008 ORDER: /PrrHon'bta SriJusticc Abhinand Ktnar Shadti) Aggrieved bythe order dated 01.01.2008 passed bythe Central Administrative Tribunal, Hyderabad,mO.ANo.548 of 2007, the present writ petition is filed.the Central Administrative Tribunal, Hyderabad,mO.ANo.548 of 2007, the present writ petition is filed. It is the case of the petitioner that the respondentwas working as Tax Assistant and while workingassuch, he was placed under suspension and continuedund,:r suspension. Thereatier, the respondent has filedO.A-No.548 of 2007 before rhe Tribunal conrendingthat the suspended emplope is also entitled forincr,:ments. [\Mthout ]appreciating any of the contentionsraise d by the petitioner, the Tribunal has panly allowedthe 'CA by directing the petitioner to consider sanctionof enhanced subsistence allowance of the period afterfint three months of suspension and to sanction annuai incn:ments due. Challenging the same, the present writpetition is iiled.petition is iiled. I \Vtrile adrutting the writ petition, on 26.08.2008,this C-ourt granted interim direction. Thereafter, the petitioner has imposed the punishment of compulsory retirement [, ]on therespondenton05.03.2021, against v{rich, therespondent has also filed O.ANo.73O of 2021 beforethe Crntral Administrative Tribunal and the Tribunaluide order dated 29.10.2a21 has directed the petitioner toconsider the representation submitted bythe respondentand pass appropriate orders thereon within a period oftwo months Leamed counsel for the petitioner has brought tothe notice of this C-ourt that the respondent has alsofiled appeal before the petitioner and the same wasre [jecte ]d z.z,y'r p roceedings date d 10.0 1.2022. incn:ments due. Challenging the same, the present writpetition is iiled.petition is iiled. I \Vtrile adrutting the writ petition, on 26.08.2008,this C-ourt granted interim direction. Thereafter, the petitioner has imposed the punishment of compulsory retirement [, ]on therespondenton05.03.2021, against v{rich, therespondent has also filed O.ANo.73O of 2021 beforethe Crntral Administrative Tribunal and the Tribunaluide order dated 29.10.2a21 has directed the petitioner toconsider the representation submitted bythe respondentand pass appropriate orders thereon within a period oftwo months Leamed counsel for the petitioner has brought tothe notice of this C-ourt that the respondent has alsofiled appeal before the petitioner and the same wasre [jecte ]d z.z,y'r p roceedings date d 10.0 1.2022. Leamed counsel appearing for the petitioner hadcontended that in view of the subsequent events, theinterinr direction granted by this Court on 26.08.2008can be made absolute and the writ petition may becontended that in view of the subsequent events, theinterinr direction granted by this Court on 26.08.2008can be made absolute and the writ petition may beclosed by making tlic inte rim order absolute. \ Fhving considered the said submission, the interimorder granted by this Coun on 26.08.200g is madeabsolute and the [l0(rit ]Petition is closed accordingly.Ftrcwever, the respondent is nor entided ro incremenmduring suspersion period as per Rule 5j of theFr:ndamental Rules. No cosrs. Miscellaneous petitions, if any, pending shall stand SD/-B.SAryAVADEPUTY REGR//TRUE COPY'sEcTtOFFICERTo, 2. 1. Two CD One CC to SRt. CooiesB NARASTMHA SARMA Advocate 3. One Spare boovCHRGJP/h.- I I HIGH COURTDATED:1110712022 ORDER W.P.No.18458 of 2008 CLOSING THE WRIT PETITIONWITHOUT COSTS -.{.t-\:'2 3 sEP ztr/? ;;ti., ' ;lrag\L'"-