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2026 DAILYLAW 21788 (AP)

UNION OF INDIA v. S JAYAKAR

WP/15999/2025 · 2026-03-04

Battu Devanand, Subhendu Samanta

body2026

Judgment text

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APHC010310702025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3565] THURSDAY,THE FIFTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE BATTU DEVANAND THE HONOURABLE SRI JUSTICE SUBHENDU SAMANTA WRIT PETITION NO: 15999/2025 Between: 1. UNION OF INDIA, REPRESENTED BY THE CHIEF POSTMASTER GENERAL, A.P.CIRCLE, VIJAYAWADA. 2. THE POSTMASTER GENERAL,, KURNOOL REGION, KURNOOL. 3. . THE SUPERINTENDENT OF POST OFFICES, PRODDATUR DIVISION, PRODDATUR. ...PETITIONER(S) AND 1. S JAYAKAR, S/o Sri S Satya Working as Mail overseer, Jammalamadugu Sub Division, Proddatur Division. ...RESPONDENT Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased topleased to issue writ, order or direction, more particularly one in the nature of writ of certiorari, calling for the records with regard to order dated 18.10.2024 in OA No. 1823/2015 on the file of Central Administrative Tribunal. Hyderabad and quash/set aside the same as illegal, arbitrary, contrary to law and unconstitutional and pass IA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to 2 suspend the operation of the order dated 18.10.2024 in OA No. 1823/2015 on the file of the Central Administrative Tribunal, Hyderabad and pass IA NO: 2 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to accept and receive the Additional Affidavit filed by the Petitioners in W.P.No. 15999 of 2025 and take the same on record to consider the case of the Petitioners and pass Counsel for the Petitioner(S): 1. G.ARUN SHOWRI(CENTRAL GOVT. COUSEL) Counsel for the Respondent: 1. BOYA GURUDAS The Court made the following: 3 THE HON’BLE SRI JUSTICE BATTU DEVANAND & THE HONOURABLE SRI JUSTICE SUBHENDU SAMANTA WRIT PETITION NO.15999 of 2025 ORDER:(Per Hon’ble Sri Justice Battu Devanand) This Writ Petition is filed against the order dated 18.10.2024 in OA/021/1823/2015, passed by the Central Administrative Tribunal, Hyderabad Bench. (In short “Tribunal”) 2. Heard learned counsel for the petitioners and learned counsel for the respondent. 3. On perusal of the record, there is no dispute about the admitted facts in this case. The respondent/applicant is working as Postman and he is seeking promotion to the post of Postal Assistant. It is also an admitted fact that he was imposed with punishment of withholding increment for a period of 2 years which will expire by 30.06.2017. But the Tribunal without considering this fact, allowed the O.A. with a direction to the respondents therein, to give the promotion to the respondent/applicant with effect from 28.05.2016. 4. Learned counsel for the petitioners herein requested that the date, i.e., 28.05.2016, be modified to a date after the currency of the punishment, i.e., 30.06.2017. 4 5. Learned counsel for the respondent herein also fairly submitted that the respondent/applicant is entitled for promotion only with effect from 30.06.2017, by which date the currency of the punishment will be completed. 6. The respondent/applicant being a SC candidate, he should be accommodated in the vacancy pertaining to Schedule Caste category for promotion with effect from 30.06.2017. We are unable to accept the other grounds raised by the learned counsel for the petitioners herein. 7. Accordingly, this Writ Petition is allowed in part with the following directions: i. The petitioners herein are directed to give the promotion to the respondent/applicant with effect from 30.06.2017. ii. The rest of the order of the Tribunal is confirmed. 8. There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. __________________________ JUSTICE BATTU DEVANAND ____________________________ JUSTICE SUBHENDU SAMANTA Date:05.03.2026 SA 5 202 THE HON’BLE SRI JUSTICE BATTU DEVANAND & THE HONOURABLE SRI JUSTICE SUBHENDU SAMANTA WRIT PETITION NO: 15999/2025 Date: 05.03.2026 SA