IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY EIGTH DAY OF JANUARY TWO THOUSAND AND TEN PRESENT HON’BLE SRI JUSTICE A.GOPAL REDDY AND HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.8496 of 2004 Between: Union of India and Others … Petitioners And R.Nagaraj … Respondent This Court made the following: HON’BLE SRI JUSTICE A.GOPAL REDDY AND HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.8496 of 2004 ORDER: - (Per Hon’ble Sri Justice A.GOPAL REDDY) This is a petition filed under Article 226 of the Constitution of India, seeking issuance of a Writ of Ceritorari calling for the records pertaining to the orders dated 17.11.2003 in O.A.No.1336 of 2003, on the file of Central Administrative Tribunal, Hyderabad and to quash the same. This Court by order dated 25.01.2005 while granting interim suspension of the Judgment, directed the writ petition to be posted along with W.P.No.4152 of 2004 and batch. In spite of service of notice on the respondent, he has not chosen to put up appearance, opposing the writ petition. It is now brought to our notice that a Division Bench of this Court in W.P.No.908 of 2004 and batch, allowed the writ petitions filed by the petitioners. The Tribunal by the impugned order allowed the O.A., directing the respondents to refix the gratuity of the applicant taking into account the 73% of D.A. subject to minimum of Rs.3,395/- by way of emoluments for the purpose of calculating the gratuity payable to the applicant, within a period of three months, in the light of the order passed by the Full Bench of the Central Administrative Tribunal, Mumbai in Shri Babu Rao Shankar Dhuri and others v. Union of India[1]. The Division Bench of this Court in W.P.No.25805 of 1998 and batch, while setting aside the order passed by the Central Administrative Tribunal in R.A.No.11 of 2003 in O.A.No.14 of 2002 and batch, allowed the writ petitions in terms of the judgment of the apex Court reported in State of Punjab v. Amar Nath Goyal and others[2] wherein the apex court has declined to grant the relief while upholding the cut off date as 01.04.1995 and setting aside the order of the Tribunal, Mumbai Bench in O.A.Nos.542 of 1997, 942 of 1997 and 943 of 1997. In terms of the common orders passed in W.P.No.25805 of 2003 and batch, dated 03.10.2005 this Court also allowed W.P.No.908 of 2004 and batch. Following the same, this writ petition is allowed, in terms of the orders referred to above. No order as to costs. __________________ A.GOPAL REDDY, J ________________ NOUSHAD ALI, J 28th January 2010 Lmv [1] 2001(3) ATJ 436 [2] {2004 (6) Supreme Court Cases 754}