Dr P B Vijaya Kumar vs. The Union Of India

THE HON'BLE SRI JUSTICE A.V. SESHA SAI & THE HON'BLE SRI JUSTICE V. SRINIVAS

W.P. No.32194 OF 2022

JUDGMENT:(per A.V. Sesha Sai, J)

Heard Sri M. Vijaya Kumar, learned Senior Counsel representing Sri Ranga Surya Prakash Rao Kola, learned counsel for the petitioner, Sri N. Harinath, learned Deputy Solicitor General of India, appearing for the 1st respondent, learned Government Pleader for Services for Respondent Nos.2 and 3 and Sri Turaga Sai Surya, learned counsel for the 4th respondent.

The petitioner herein is praying this Court to set aside the order dated 25.02.2020 passed by the Central Administrative Tribunal (herein after referred to as "the Tribunal") in O.A.No.21/855/2014. The 4th respondent herein approached the Tribunal, Hyderabad Branch, by way of filing the aforesaid mentioned Original Application in connection with the issue pertaining to promotion. It is stated that inadvertently, a representation was made on behalf of the petitioner to permit the applicant-4th respondent herein to withdraw the Original Application. Accordingly, the Tribunal vide impugned order

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dated 25.02.2020, considered the request made and dismissed the Original Application as withdrawn.

This matter initially appeared before this Court on 29.09.2022 and the applicant-4th respondent herein appeared before this Court and received a copy of the Writ Petition from the learned counsel for the petitioner on record and requested a short accommodation. Sri Turaga Sai Surya, learned counsel, has entered appearance on behalf of the applicant-4th respondent herein. The 4th respondent is also present today in the Court. It is reported by the learned counsel for the applicant-4th respondent that he has no objection for consideration of request of the petitioner in the Writ Petition.

Having regard to the averments made in the affidavit filed in support of the Writ Petition and taking into account the submissions of the learned Senior Counsel appearing for the petitioner and the learned counsel, appearing for the applicant-4th respondent, the Writ Petition is allowed, setting aside the order dated 25.02.2020 passed by the Central Administrative Tribunal, Hyderabad Bench, in O.A.No.21/855/2014 and consequently, the O.A.No.21/855/2014 stands restored to the file of the Central Administrative Tribunal, Hyderabad Bench,

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for consideration of the same by the Tribunal on merits and in accordance with law. No order as to costs.

Miscellaneous petitions, if any pending in this case, shall stand closed.

__________________ A.V. SESHA SAI, J

_______________ V. SRINIVAS, J

Date: 11.10.2022 Ks

THE HON'BLE SRI JUSTICE A.V. SESHA SAI & THE HON'BLE SRI JUSTICE V. SRINIVAS

W.P. No.32194 OF 2022

(per A.V. Sesha Sai, J)

Date: 11.10.2022