HON'BLE MR JUSTICE B. PRAKASH RAO AND HON'BLE MR JUSTICE B.N.RAO NALLA WRIT PETITION NO. 24132 OF 2009 Between: M.K. Bawane S/o Kawduji ..... PETITIONER AND The Secretary, Department of Atomic Energy Anushakthi Bhavan and two others .....RESPONDENTS ORDER: (Per Hon'ble Sri Justice B. PRAKASH RAO) Heard Smt N. Shoba, learned counsel appearing for the petitioner and also Sri Ponnam Ashok Goud, Assistant Solicitor General appearing on behalf of the respondent and at their request, the main Writ Petition itself is taken up for disposal. The petitioner, who is working as Male Nurse/A, at Nuclear Fuel Complex, Hyderabad, inter alia, filed this Writ Petition under Article 226 of the Constitution of India assailing the correctness of the proceedings No. ref NFC/Estt.1/25/6245/09 dated 10.2.2009 and the orders dated 18.8.2009 in O.A.No. 254 of 2009 passed by the Central Administrative Tribunal, Hyderabad. The case of the petitioner in brief is to the effect that the policy decisions and norms as laid down by the authorities are being extended to other similarly placed employees without extending the same to the petitioner stating that the re- employed persons, who had under gone sterilization operation prior to the employment by the respondent authority are not eligible for special incentive increment as per the impugned orders dated 10.2.2009 as illegal and arbitrary. Further that the Tribunal did not accede to the request of the petitioner and rejected the same even though similar such orders have been cited across the bar placing reliance on the earlier judgments in O.A.No. 142 of 2004 on the ground that since the relief as granted in the said O.A is applicable only to the applicant therein and also placing reliance on the alleged instructions issued by the respondents on 18.9.2002. Hence, the Writ Petition. Having regard to the facts and circumstances of the case and also having perused the entire material made available on record, the entire approach which has been made by the Tribunal is only restricting the operation of the earlier orders passed in O.A.No. 142 of 2004, as if it is applicable only to the petitioner in the said O.A, rather than the same is being applicable to all the similarly placed employees. Apparently, the Tribunal did not thought it fit to treat the orders as precedent either persuasive or binding to follow, which appears to be incorrect. Even on a reading of the earlier order in the said O.A. 142 of 2004 it amply shows that after referring to the letter dated 18.9.2002 issued by the Government of India, Departments of Posts, the Tribunal disposed of the above O.A with the following observations in paragraph 6, which reads as under: “6. The facts and Order of the Central Administrative Tribunal in the above case would squarely apply to the facts of the present case and the clarification of Government of India, Department of Posts, letter No. 6-2-1999(Mis.)-PAP, dated 18.9.2002, declaring that incentive increment was not admissible to the re-employed persons, who has undergone sterilization operation prior to re-employment could not be sustained at any cost. The Indian Navy as also WFC are both Government of India Organizations and were subject to the policies of the Government of India with respect to incentive scheme for sterilization operation within the reproduction age group and for adopting small family norms laid down. Therefore, the scheme was equally applicable to the Indian Navy as also NFC. Since the applicant has fulfilled all the criteria for grant of the admissible increments, is denial by the NFC could obviously be not sustained and would have to be set aside. The respondents are, therefore, directed to extend the benefit of the admissible increment to the applicant from the date of his joining NFC with arrears consequent there from. The respondents are also directed to extend Rs. 1,000/- as costs to the applicant for forcing him to file this OA before this Tribunal due to non-granting of the increments, which were due to him, as per the policy of the Government of India, applicable to all the departments within their control.” Having regard to the aforesaid observations, it is nowhere stated that the relief as granted can be restricted only to the applicant therein rather than becoming the precedent which is persuasive one to apply to the similarly placed persons. But the approach of the Tribunal is totally incorrect and has no legal support or basis. Accordingly, the Writ Petition is allowed setting aside the orders dated 18.8.2009 passed in O.A.No. 254 of 2009 and also the orders passed by the respondent dated 10.2.2009. The authorities concerned are directed to grant special incentive increment to the petitioner for undergoing sterilization operation immediately. It is directed that the entire exercise shall be completed within a period of three months from the date of receipt of a copy of this order. There shall be no order as to costs. _______________________ B. PRAKASH RAO, J _______________________ B.N. RAO NALLA, J DATE: 07.09.2010 KA ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1. 2 CD copies.