IN T H E HIGH C O U R T OF J U D I C A T U R E OF A N D H R A l^U^ HYDERABAD C A V E A T No. In W.P.No. P. Vigneshwar Raju, S/o P. V.R.N.

Raju, Aged about 53 years, Occ: Supdt,, Customs and Central Excise Dept. R/o H.No. 2-3-919, Plot. No. 8, Road N o . l , Arunodayanagar,Nagole, Hyderabad presently working at Tirupati Commissionerate,Tirupathi. ..Petitioner And 1. The Government of India , Ministry of finance, Department of Expenditure, North Block, N e w Delhi Represented by its Secretary Expenditure and 4 Others. .. Respondents A F F I D A V I T FILED BY T H E P E T I T I O N E R L P . Vigneshwar Raju, S/o P.V.R.N. Raju,Aged about 53 years, Occ: Supdt., Customs and Central Excise Dept.R/o H.No. 2-3-919, Plot. N o . 8, Road No.l,Arunodayanagar, Nagole, Hyderabad Presently working at Tirupati Commissionerate,Tirupathi do hereby solemnly and sincerely affirm and state as follows; OF 2012 OF 2012 .' /

1. I am the petitioner herein and as such I am well acquainted with the facts of the case.

2. The Petitioner presently working as Supdt.of Customs and Central Excise Dept. O/o Tirupati Commissionerate, Tirupathi.The petitioner along with others had filed O.A.1051 of 2010 before Central Admn.TribunafHyderabad against the proceedings dt. 16.9.2009 issued by the Respondent No.2 vide

F.No. A-26017/98/2008-Ad.II.A with approval of Respondent N o . l to the extent of Clause 4 thereof holding that Non-Functional Grade Pay will not be granted to such of those Group B officers who have got Grade Pay of Rs 4,800/- on upgradation under the ACP scheme as contrary to the Clause (x) (e) of the Govt, of India Resolution and CCS(Revised Pay) Rules 2008 ,illegal, arbitrary and without jurisdiction.The Respondents filed their reply statement opposing the same.

3.

The

HoiVble

Central

Admn.

Tribunal,!Iyderabad

after

considering

the

respective contentions by order dt. 30.3.2012 allowed the O.A.Thc petitioner

apprehends that Respondents may file W.P. under Art.226 of the Constitution of India before this Hon'ble Court challenging the order dt. 30.3.2012 in O.A.No. 1051 of 2010 and may exparte interim orders.lt is submitted that if such interim orders are granted, the petitioner would suffer great hardship.

4. The copy of this Caveat has been issued to Respondents vide R P A D and proof of the same is filed herewith.

5. It is therefore humbly prayed that this H o n ' b l e Court be pleased to issue notice to my counsel N.Vijay(7543) Advocate, Gayatri Nivas,Level-III, H.No. 6-3?

562/52 Padmavathi Nagar Colony,Khairtabad,Ifyderabad before passing any interim orders against any W.P. filed under Art.226 of the Constitution of India before this Hon'ble Court challenging the order dt. 30.3.2012 in O.A.No. 1051 of 2010 passed by the Central Administrative Tribunal at Hyderabad and pass such other order or orders as this Hon'ble Court shall deem fit and proper in the circumstances of the case.

Solemnly and sincerely affirmed on this the 2 8 day of November,2()12

th

Deponent

Advocate/Hyderabad

VERIFICATION

I, P. Vigneshwar Raju, S/o P.V.R.N. Raju,Aged about 53 years, Occ: S u p d t , Customs and Central Excise Dept.R/o H.No. 2-3-919; Plot. No. 8, Road No.l,Arunodayanagar. Nagole, Hyderabad Presently working at Tirupati Commissionerate Tirupathi
5

do

hereby verify the contents of the paras ( knowledge and others paras ( ) to (

) to (

) are true to my personal

) are true on legal advise and that I

have not suppressed any material facts.

HYDERABAD DT. 28.11.2012 Petitioner

M E M O R A N D U M O F C A V E A T PETITION ( U N D E R SECTION 148 OF C.P.C.) IN THE HIGH COURT OF JUDICATURE OF ANDHRA AT HYDERABAD CAVEAT No. W.P.No. P. Vigneshwar Raju, S/o P.V.R.N. Raju. Aged about 53 years, Occ: Supdt., Customs and Central Excise Dept. R/o H.No. 2-3-919, Plot. N o . 8, Road N o . l , Arunodayanagar,Nagole, presently working at Tirupati Commissionerate,Tirupathi. ..Petitioner And 1. The Government of India , Ministry of finance, Department of Expenditure, North Block, N e w Delhi Represented by its Secretary Expenditure. 2. The Government of India , Ministry of Finance, Department of Revenue, Central Board of Customs and Central Excise ,North Block, N e w Delhi Represented by its Deputy Secretary/Under Secretary. 3. Central Board of Customs and Central Excise, North Block N e w Delhi, Rep. by its Chairman and Spl.Secretary. * 4. Chi.ef Commissioner of Customs. Central Excise & Service Tax Hyderabad Zone,Kendriya Shulk BhavaruBasheerbagh, Hyderabad. 5. Chief Commissioner of Customs, Central Excise & Service Tax Vishakhapatnam zone, Port area, Vishakhapatnam .. Respondents For the reasons stated in the accompanying affidavit that this H o i r b l e Court be pleased to issue notice to my counsel N.Vijay(7543),Advocate. Gayatri Nivas,Level-Ill, H.No. 6-3-562/52 Padmavathi Nagar Colony,KLhairtabad,Hyderabad before passing any interim orders against any W.P filed under Art.226 of the Constitution of India before this HoiVbie Court challenging the order dt. 30.3.2012 in O.A.No. 1051 of 2010 passed by the Central Adminstrative Tribunal at Hyderabad and pass such other order or orders as this H o n ' b l e Court shall deem fit and proper in the circumstances of the case.
V

PRADESH

OF 2012 OF 2012

Hyderabad

HYDERABAD, DATE:28.11.2012 Counsel For The Petitioner.

HYDERABAD : DISTRICT HIGH COURT OF A.P. AT:: HYDERABAD

Caveat. P. N o . In W.P.No.

OF 2012

of2012

CAVEAT PETITION

Mr. N.VIJAY (7543) S.GANESH(13310)

Advocates C O U N S E L FOR T H E P E T I T I O N E R