IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 3RD DAY OF JANUARY, 2019 BEFORE THE HON'BLE MR. JUSTICE RAVI MALIMATH AND THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ WRIT PETITION NO.27578 OF 2014 [S-CAT] BETWEEN:
THE CHIEF EXECUTIVE OFFICER AND THE MEMBER SECRETARY, CENTRAL SILK BOARD, MADIVALA, BENGALURU-560 068. … PETITIONER [BY SRI. N.S.PRASAD, ADVOCATE] AND:
1. OM PRAKASH NARAYAN SINGH, SON OF LATE DEOPATI NARAYAN SINGH, ASSISTANT LIBRARY & INFORMATION OFFICER, SSTL, CENTRAL SILK BOARD, KODATHI, RESIDING AT NO.74, 4TH MAIN, AECS LAYOUT, NEAR POST OFFICE, SANJAY NAGAR, BENGALURU-560 094.
2. THE UNION OF INDIA, MINISTRY OF TEXTILES, UDYOG BHAVAN, MOULANA AZAD ROAD, NEAR DELHI-110 001.
REPRESENTED BY SECRETARY. … RESPONDENTS [BY SRI. V.S.NAIK, ADVOCATE FOR C/R1.
NOTICE TO R2 IS DISPENSED WITH VIDE ORDER DATED 10.03.2015] * * * THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER OF THE CENTRAL ADMINISTRATIVE TRIBUNAL PASSED IN ORIGINAL APPLICATION NO.44 OF 2009 DATED 22.04.2014 VIDE ANNEXURE-J IN SO FAR IT GRANTS THE BENEFIT OF ASSURED CAREER PROGRESSION TO BE GRANTED TO RESPONDENTS, WHILE DISMISSING THE APPLICATION IN SO FAR AS THE OTHER APPLICANT IS CONCERNED.
THIS WRIT PETITION COMING ON FOR FINAL HEARING, THIS DAY RAVI MALIMATH J., PASSED THE FOLLOWING:
ORDER Aggrieved by the Order passed by the Central Administrative Tribunal in Original Application No.44 of 2009 dated 22.04.2014, wherein it was held that the petitioner herein was not justified in denial of financial up-gradation to the 1st respondent herein and hence, financial up-gradation was awarded, the present petition is filed by the 2nd respondent therein.
2. During the pendency of the proceedings, a Communication dated 13.09.2017 issued to the petitioner by the Government of India, has been enclosed. In terms thereof and in view of the facts and circumstances narrated therein, it was requested that the case of the 1st respondent requires to be considered for the first financial up-gradation after completion of 12 years with effect from 07.01.2006 etc.
3. An order has been placed for consideration by the learned counsel for the petitioner dated 14.05.2018, issued by the petitioner, wherein the financial up-gradation has been granted to the 1st respondent. The same is taken on record. In view of the same, nothing further survives for consideration. Hence, the writ petition is accordingly dismissed.
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JUDGE JUDGE Ksm*