IMPORTANT POINT
The court established that pending related appeals must be resolved before considering new petitions for relief, ensuring adherence to legal principles.

ORDER :

Abdul Quddhose, J.

[PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Certiorarified Mandamus, to call for the records on the file of the respondent in connection with the impugned order of rejection passed by him vide his proceedings in Na.Ka.No.25152/2016/R.D.2 dated 29.12.2017 and quash the same as illegal and arbitrary and consequently direct the respondent to revise the petitioner's pay in the cadre of Special Grade by extending the benefit of the G.O.Ms.No.237 Finance (Pay Cell) Department dated 22.07.2013 within the time limit that may be stipulated by this Court.]

This Writ Petition has been filed seeking revision of pay on the ground that the respondent ought to have granted Special Grade to the petitioner and to revise his pay by extending the benefit of G.O.Ms.No.237 Finance (Pay Cell) Department dated 22.07.2013.

2. According to the petitioner, under the impugned order dated 29.12.2017, without adhering to the principles of natural justice, the petitioner's request for revision of pay has been rejected.

3. It is now brought to the notice of this Court by the learned Additional Government Pleader appearing for the respondent that the very same petitioner was the petitioner in W.P.(MD)No.4807 of 2013. In the said Writ Petition, the petitioner had sought for fixation of his seniority. As seen from the affidavit filed in support of the present Writ Petition, which is the subject matter of consideration by this Court today, the petitioner seeks for revision of pay only based on the fact that the respondent should have granted Special Grade to the petitioner and revised his pay by extending the benefit of G.O.Ms.No.237 Finance (Pay Cell) Department dated 22.07.2013. In W.P.(MD)No.4807 of 2013, filed by the very same petitioner, seeking for fixation of his seniority, the learned Single Judge of this Court allowed the said writ petition on 14.07.2016 and the seniority of the petitioner was fixed. Aggrieved by the said order, the State has preferred a Writ Appeal and the writ appeal pertaining to the petitioner is W.A.(MD)No.1396 of 2017. In the Writ Appeal filed by the State, the order dated 14.07.2016 allowing the writ petition filed by the petitioner in W.P.(MD)No.4807 of 2013, has been stayed by the Division Bench of this Court.

4. It is also brought to the notice of this Court that the interim stay granted by the Division Bench staying the operation of the order dated 14.07.2016 passed in W.P.(MD)No.4807 of 2013, is still in force. Necessarily, the outcome of the Writ Appeal filed by the State aggrieved by the order dated 13.07.2016 in W.P.(MD)No. 4807 of 2013 is to be known for the disposal of this Writ Petition filed by the very same petitioner seeking for revision of pay.

5. In view of the same, this Court disposes of this writ petition without passing any order in this writ petition but however, grants liberty to the petitioner to seek for a similar relief as prayed for in this writ petition, in case if he succeeds in the Writ Appeal filed by the State in W.A.(MD)No.1396 of 2017, aggrieved by the order dated 14.07.2016 passed in W.P.(MD)No.4807 of 2013, to file a fresh writ petition seeking for the very same relief as prayed for in this writ petition.

7. With the above observation, this Writ Petition stands disposed of. There shall be no order as to costs.