2026:APHC:8279 APHC010041072026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3565]

(Special Original Jurisdiction)

MONDAY, THE NINTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE BATTU DEVANAND THE HONOURABLE SRI JUSTICE SUBHENDU SAMANTA WRIT PETITION No:2396/2026 Between:

1. N OUNDRU SWAMY SATYANARAYANA, , S/O. N. RAMA MURTHY, AGED 53 YEARS, OCC PRESENTLY WORKING AS CONSTRUCTION SUPERVISOR, O/O. THE PROJECT DIRECTOR, DEPARTMENT WEAPONS, BUILDING NO. 14, KRISHNA GATE, SHIP BUILDING CENTRE, NAVAL BASE POST, VISAKHAPATNAM-530 014 ...PETITIONER AND

1. U NION OF INDIA, REP. BY THE SECRETARY, MINISTRY OF DEFENCE, GOVERNMENT OF INDIA, NEW DELHI-110 010.

2. T HE DIRECTOR GENERAL, HEADQUARTERS, ADVANCED TECHNOLOGY VESSELS PROGRAMME (ATVP), AKANKSHA DEVELOPMENT ENCLAVE. OPP. RAO TULA RAM MARG, NEW DELHI-110 010.

3. T HE PROJECT DIRECTOR, SHIP BUILDING CENTRE, VARUNA BLOCK GODAVARI GATE, VISAKHAPATNAM- 530 014.

...RESPONDENT(S):

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 a Writ of Certiorari calling for the records pertaining to the orders dated 23.04.2025 (made ready on 29.08.2025) in O.A.No.020/

0184/2017 on the file of the Learned Central Administrative Tribunal and quash and set aside the final order dated 23.04.2025, as being arbitrary, non-speaking, violative of principles of natural justice and contrary to settled law and Consequently direct the Respondents to pay all consequential benefits including to refix the pay of the Petitioner by restoring the pay reduced under the penalty order dated 18.10.2012, granting restoration of the annual increments withheld during the penalty period, and treating the penalty as without cumulative effect, strictly in accordance with Rule 11(iii)(a) of CCS (CCA) Rules, 1965 and DoP and T O.M. dated 06.02.2014 and Direct the Respondents to grant all consequential monetary benefits, including arrears of pay, allowances, recalculation of pensionary benefits, and interest at such rate as this Honble Court deems fit and Pass such IA NO: 1 OF 2026 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 may be pleased to direct the respondents to provisionally refix the pay of the Petitioner by restoring the withheld increments and reduced pay, subject to the outcome of the Writ Petition, pending disposal of the main writ petition and pass such Counsel for the Petitioner:

1. PAMARTHI KAMESWARA RAO Counsel for the Respondent(S):

1. S S VARMA(SR PANEL COUNSEL CENT GOVT)

The Court made the following:

THE HON’BLE SRI JUSTICE BATTU DEVANAND AND THE HON’BLE SRI JUSTICE SUBHENDU SAMANTA WRIT PETITION NO: 2396 OF 2026 ORDER: (per Hon’ble Sri Justice Subhendu Samanta)

1. The instant writ petition has been preferred against the order dated

23.04.2025 (made ready on 29.08.2025) passed by the learned Central Administrative Tribunal, Hyderabad Bench, Hyderabad (Circuit Bench at Vijayawada) [shall be referred to as „the Tribunal hereinafter], in OA/020/184/2017, whereby the Hon‟ble Tribunal has dismissed the O.A. filed by the petitioner.

2. The brief facts of the matter is that the petitioner was suspended by the 3^rd respondent, vide order dated 07.06.2012 under sub-Rule (1) of Rule 10 of CCS (CCA) Rules 1965 and the said suspension was revoked vide order dated 23.08.2012. Subsequently, in pursuance of the charge memorandum dt.07.09.2012 and upon considering the reply submitted by the petitioner on 22.09.2012, the 3^rd respondent imposed a minor penalty of reduction by two lower stages for a period of three years in the existing Pay Scale/ Pay Band under Rule 11(iii) (a) of CCS (CCA) Rules, vide order dt.18.10.2012. Challenging the said order, the petitioner filed O.A./020/0047/2014 before the Hon‟ble Tribunal, which was allowed vide order dt.24.11.2014 quashing and setting as