Andhra Pradesh High Court - Amravati
Golla Rajesh vs The State Of Andhra Pradesh on 4 May, 2020
Author: Ninala Jayasurya
Bench: Ninala Jayasurya
HONOURABLE SRI JUSTICE NINALA JAYASURYA
WRIT PETITION No.8399 of 2020
ORDER:(Heard and pronounced through BlueJeans App (Virtual) mode, since this mode is adopted on account of prevalence of COVID-19 pandemic.) Heard Sri Subba Rao Korrapati, learned counsel for the petitioner and the learned Government Pleader for Agriculture appearing on behalf of respondents 1 to 3 and with their consent, this writ petition is disposed of at the stage of admission.
The case of the writ petitioner as per the averments made in the affidavit filed in support of the writ petition is that he was appointed initially as Junior Stenographer in Agriculture Department on 01.07.2008 and later posted as Junior Stenographer in the office of the Assistant Director, Agriculture, Nandikotkur; after working for 8 years, he was transferred and posted in the office of the Joint Director of Agriculture, Kurnool as Junior Assistant and that he was placed under suspension vide proceeding of the 3rd respondent with ante date on 08.02.2019 and since then he is being continued under suspension.
The learned counsel for the petitioner, inter alia, states that the petitioner is entitled to subsistence allowance at the rate of 75% as per FR 53 and that the same is not being paid. He states that the petitioner's representation to the 3rd respondent which was made on 03.10.2019 has not been considered so far and no action has been taken, though more than 7 months have been lapsed.
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Learned counsel for the petitioner submits that the action of the 3rd respondent in not considering the case of the petitioner for payment of subsistence allowance at the rate of 75% in terms of FR 53 is unjust and also in violation of FR 53.
As per the submissions made by the learned counsel, the petitioner was suspended on 08.02.2019, and he is continued under suspension till date. In such circumstances, the claim of the petitioner that he is entitled for subsistence allowance at the rate of 75% in terms of FR 53, made through representation on 03.10.2019 to the 3rd respondent needs to be examined and appropriate orders are required to be passed after due consideration of the same. Therefore, the writ petition is disposed of with a direction to the 3rd respondent to consider the representation of the petitioner dated 03.10.2019 and pass appropriate orders thereon, strictly in accordance with law, after giving due opportunity, within a period of four (4) weeks from the date of receipt of a copy of the order.
With the above direction, the writ petition is disposed of. There shall be no order as to costs.
As a sequel thereto, the miscellaneous petitions, if any, pending in this Writ Petition shall stand closed.
______________________ NINALA JAYASURYA, J.
Date: 04.05.2020 Akc 3 HONOURABLE SRI JUSTICE NINALA JAYASURYA WRIT PETITION No.8399 of 2020 Date: 04.05.2020 Akc