Writ - Railways Department - 30-05-2018 - Care of Y. Kamala Rani
Writ - Railways Department - 30-05-2018 - Care of Y. Kamala Rani
Writ - Railways Department - 30-05-2018 - Care of Y. Kamala Rani
WP.NO. OF 2018
BETWEEN:
…Respondents
AFFIDAVIT OF THE PETITIONER
All the above categories retained the classification as Group ‘C’ only.
The clarification has been sought from Railway Board vide this Office
letter No.SCR/P-HQ/487/VI CPC dated 24-02-2014 as per the advice of
FA & CAO and the reply has not been received from Board. It is the
case of the respondents 3 to 10 that instead of fixing the pay of the
respondents 3 to 10 in the VI CPC on the basis of the upgraded scale of
Rs.7500/--12000/-, the respondents 2 and 3 therein have fixed the pay
of the respondents 3 to 10 herein with reference to the pay of Rs.5500-
9000/- drawn by them in the V CPC as on 31-12-2005 after adding the
grade pay of Rs.4800/- and after multiplying with the factor of 1.86.
Therefore, the OA filed by the respondents 3 to 10 challenging the
fixation made by the railways. We have filed counter duly admitting the
fact the staff nurses who were appointed and got promotions to the
higher grade as Nursing Sisters prior to 01-01-2006 are drawing lesser
pay than the staff nurses appointed after 01-01-2006 and also further
stated that matter has been referred to railway board for clarification
with regard to the same and the same is pending for consideration and
requested for dismissal of the OA as it is premature. However, the
Hon’ble Tribunal by following the judgements rendered by the various
Tribunals allowed the OA. The Tribunal did not adjudicate the issue
independently and allowed the OA merely followed decisions of their
Tribunals. Since the subject matter of OA involves financial
implications, it ought to have directed the Railway Board to take a
decision in the case and ought not to have directed the Railways to fix
the pay. In view of the impugned order of the Central Administrative
Tribunal, Hyderabad Bench, Hyderabad, the petitioner is constrained to
approach this Hon’ble Court by way of the present writ petition.
8. The petitioner has no other effective and efficacious remedy than
India.
9. The petitioner has not filed any writ, suit or other proceedings
For the reasons stated above, it is prayed that this Hon’ble Court
may be pleased to issue a writ, order or direction more particularly one
in the nature of Writ of Mandamus declaring the action of the 1st
respondent in issuing the impugned order dt.19-02-2018 in OA
No.021/01447/2014 directing the respondents therein to fix the pay of
the applicants on a notional basis in the upgraded pay scale of Rs.7500-
12000/- w.e.f. 01-01-2006 and thereafter on an actual basis in the pay
scale of Rs.9300-34800/- with grade pay of Rs.4800/-, duly directing
the respondents/petitioners herein to pay the arrears from the date of
filing of the OA, as illegal and arbitrary and consequently set the same
and pass such other order or orders as this Hon’ble Court deems fit and
proper in the interest of justice.
Before me
ADVOCATE, HYDERABAD
VERIFICATION
verify and state that the contents of paras 1 to 9 etc., of the affidavit
W.P.No. of 2018
Between:
HYDERABAD.
MEMORANDUM OF WRIT
PETITION
Filed by
Y. KAMALA RANI ( )
COUNSEL FOR THE PETITIONERS
MEMORANDUM OF WRIT PETITION MISC. PETITION
(Under. Section 151 of C.P.C)
IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE
OF TELANGANA AND THE STATE OF ANDHRA PRADESH
I.A.No. of 2018
In
W.P.No. of 2018
Between:
1. Union of India, Rep. by the Chairman,
M/o Railways, Railway Board,
Rail Bhavan, New Delhi.
petition, the petitioner herein prays that this Hon’ble Court may be
other order or orders as this Hon’ble court deem fit and proper in the
interest of justice.
Hyderabad
Date: 19-06-2018 COUNSEL FOR THE PETITIONERS
HYDERABAD DISTRICT
DIRECTION - PETITION
Filed by
Y. KAMALA RANI( ),
COUNSEL FOR THE PETITIONERS
BATTA
Hyderabad
Date: 19-06-2018 Counsel for the Petitioners
BATTA
Hyderabad
Date: 19-06-2018 Counsel for the Petitioners
RESPONDENTS ADDRESSES
…Respondents
CHECK LIST FOR WRIT PETITION
1 2 3 4
5
ORIGINAL SET
1) Proof of Service 1
2) Court Fee Rs. /- 2
3) Writ Petition 3
4) Annexures I & II 4
5) Affidavit 5 to
a) Averment regarding
previous proceedings
(mention Page No.
Page No. )
b) Averment regarding
alternative relief
(mention Page No.
Page No. )
6) Verification Statement
7) Enclosure
8) Material Papers
(Duly Indexed
P.Series/R.Series.) to
9) a)Vakalath Rs. /-
b)Power of Attorney/
Resolution Authorising
to sue if petition is
filed in rep.capacity
10)Sheet containing
Respondent' Addresses
::2::
DUPLICATE SET
MISCELLANEOUS SET
Petition
Batta Rs.
1) That you, the aforesaid Respondent No. do sent, of our use in High Court of
Judicature of Andhra Pradesh all and singular the said record and other with all the
things touching the same as fully and perfectly as they have been made by you and
now remain in your custody or power together with this, Rule Nise before the day of
2018 and
That you intend to oppose the petition you the aforesaid Respondent No. do
appear personally OR by Advocate on the day of 2018 at 10-30 A.M.
before the court show cause why this petition should not be complied with and that we
may cause further to be done there on what of right and according to law we shall see
fit to be done.
Assistant registrar
Hearing Date
(Sd)
Certified that the required conveyance charges and the process for the
service of the Process have been collected it is requested that English
Translation of the Process Service, Report, it is in Vernacular, my be
sent along with the Rule-Nise returned.
FORM: 8
FORM: 8
The Answer of
The
Respondent here
RUNNING INDEX
W.P.NO. of 2018
MATERIAL PAPERS
Hyderabad
Hyderabad DISTRICT
NATURE OF APPLICATION
(Under Art 226 of Constitution of India)
Hon’ble Court may be pleased to issue
a writ, order or direction more
particularly one in the nature of Writ
of Mandamus declaring the action of
the 1st respondent in issuing the
impugned order dt.19-02-2018 in OA
No.021/01447/2014 directing the
respondents therein to fix the pay of
the applicants on a notional basis in
the upgraded pay scale of Rs.7500-
12000/- w.e.f. 01-01-2006 and
thereafter on an actual basis in the
pay scale of Rs.9300-34800/- with
grade pay of Rs.4800/-, duly directing
the respondents/petitioners herein to
pay the arrears from the date of filing
of the OA, as illegal and arbitrary and
consequently set the same and pass
such other order or orders as this
Hon’ble Court deems fit and proper in
the interest of justice.
PRESENTED ON 19-06-2018
RE-PRESENTED ON 2018
FILED ON 2018
W.P.M.P.No. 2018
IN THE HIGH COURT OF JUDICATURE
AT HYDERABAD FOR THE STATE OF
TELANGANA AND THE STATE OF
ANDHRA PRADESH
I.A.No. of 2018
IN
W.P.No. of 2018
HYDERABAD DISTRICT
Y. Kamala Rani( )
COUNSEL FOR THE PETITIONERS
NATURE OF APPLICATION
(Under Section 151 of C.P.C.)
No.021/01447/2014 dt.19-02-2018
justice.
PRESENTED ON 19-06-2018
RE-PRESENTED ON 2018
FILED ON 2018
IN THE HIGH COURT OF JUDICATURE AT HYDERABAD
FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH
Between:
C.P.C. (AFFIDAVIT AND PETITION ENCLOSED) and that the same will
2018.
CHRONOLOGICAL EVENTS
ANNEXURE – I
ANNEXURE – II
Hyderabad
Dated: 19-06-2018 Counsel for the petitioners
IN THE HIGH COURT OF JUDICATURE AT HYDERABAD
FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH
W.P. NO OF 2018
Between:
HYDERABAD.
III. Lower Court Details: (For Civil and Criminal Cases Only)
Case Type Case no. Case Year Order Date Name of the Lower
Court/any other
IV. Enclosures:
WP.NO. OF 2018
BETWEEN:-
date of filing of the OA, as illegal and arbitrary and consequently set the
same and pass such other order or orders as this Hon’ble Court deems
of the above WP and pass such other order or orders as this Hon’ble