$[3280]$

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)

WEDNESDAY, THE TWENTY EIGHTH DAY OF APRIL, TWO THOUSAND AND TWENTY ONE

:PRESENT: THE HONOURABLE SRI JUSTICE JOYMALYA BAGCHI AND THE HONOURABLE SRI JUSTICE M.GANGA RAO

WRIT PETITION NO: 9153 OF 2021

Between:

• 1. Union of India, represented by The Secretary, Ministry of Defence, Government of India, South Block, New Delhi-110 011.
• 2. The Engineer-in-Chief,, Integrated Headquarters, MoD Army, New Delhi-110 011. 3. The Commander Works Engineer, Military Engineer Service, Station Road, Visakhapatnam-530 004.
• 3. The Secretary, Government of India, Ministry of Personnel, Public Grievances and Pensions, Department of Personnel and Training, North Block, New Delhi-110 011.
• 4. The Ministry of Finance, Rep by The Secretary, Government of India, Department of Expenditure, North Block, New Delhi-110 011.

Petitioners

$\mathcal{L}_{\mathcal{A}}$

AND

• 1. Neelam Chinnaiah, S/o. Mugaiah, Aged about 62 years, Occ Retired ELECT HS-PPO P No. 403201800803, Garrison Engineer, $\mathbf{1}$ Naval Base, CWE. Visakhapatnam, R/o. D. No. 9-146/1, Pullaiah Nagar, Kaja, Mangalagiri, Guntur -522 503.
• 2. Kuna Lakshmana Rao, S/o. Kondayya, Aged about 64 years, Occ Retired FGM SK, PPO No. C/ENG/18455/2015, Garrison Engineer NS, CWE, Visakhapatnam, R/o. D. No. 38-19-44 / 14A, Jyothinagar, Marripalem, Visakhapatnam - 530018.

Respondents

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 to issue an appropriate Writ or direction, more particularly one in the nature of Writ of Certiorari, calling for the records relating to order dated 26.06.2020 in O.A. No. 20/430/2020, on the file of the Hon'ble Central Administrative Tribunal, Hyderabad Bench, Hyderabad and quash the same by declaring it as illegal, arbitrary, contrary to law,

IA NO: 1 OF 2021

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 suspend the operation of the Order dated 26-06-2020 in OA. NO. 20/430/2020 on the file of the Hon'ble Central Administrative Tribunal, Hyderabad, pending disposal of WP 9153 of 2021, on the file of the High Court.

The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and upon hearing the arguments of Sri Harinath N (Asst Solicitor General) for the petitioners, the Court made the following

(Proceedings taken up through video conferencing)

Similar issue as canvassed in W.P. No. 8428 of 2021 arises in this writ petition.

Post along with W.P. No. 8428 of 2021.

Counters be filed in the meantime.

Till then, there shall be an order of suspension.

//TRUE COPY//

SD/- U.Sri Devi ASSISTANT REGISTRAR SECTION OFFICER

$\overline{I}$

For $\iota$

To,

• 1. Neelam Chinnaiah, S/o. Mugaiah, Aged about 62 years, Occ Retired ELECT HS-Naval Base, CWE, PPO No. 403201800803, Garrison Engineer, $\mathbf{L}^{\top}$ Visakhapatnam, R/o. D. No. 9-146/1, Pullaiah Nagar, Kaja, Mangalagiri, Guntur -522 503.
• 2. Kuna Lakshmana Rao, S/o. Kondayya, Aged about 64 years, Occ Retired FGM SK, PPO No. C/ENG/18455/2015, Garrison Engineer NS, CWE, Visakhapatnam, R/o. D. No. 38-19-44 / 14A, Jyothinagar, Marripalem, Visakhapatnam -530018.(Addressee Nos 1 and 2 by RPAD)
• 3. One CC to Sri. Harinath N (Asst Solicitor General) Advocate [OPUC]
• 4. One spare copy

Skm

HIGH COURT

$\mathbf{JB,}J\ &$ $\mathbf{M}\mathbf{G}\mathbf{R},\mathbf{J}$

$\overline{ }$

DATED:28/04/2021

ORDER

WP.No.9153 of 2021

INTERIM SUSPENSION