Andhra Pradesh High Court - Amravati
K.Brahmaiah vs The State Of Andhra Pradesh on 23 September, 2022
THE HON'BLE SRI JUSTICE A.V.SESHA SAI
AND
THE HON'BLE SRI JUSTICE VUTUKURU SRINIVAS
WRIT PETITION No.11741 OF 2022
ORDER:(Per Hon'ble Sri Justice A.V.Sesha Sai) Heard Sri M.R.Tagore, learned counsel for the petitioner, Sri Vadapalli Ramesh, learned Government Pleader for Services-IV for respondent Nos.1 and 2, and Sri G.Srinivasulu Reddy, learned Standing Counsel for respondent Nos.3 and 4, apart from perusing the material available on record.
2. The petitioner herein approached the Andhra Pradesh Administrative Tribunal by way of filing O.A.No.5099 of 2009 with a prayer to direct the respondents to treat the waiting period for posting orders, i.e., from 10.08.2007 to 19.02.2008 as compulsory wait with consequential benefits. The Tribunal, vide order dated 14.09.2011, allowed the said Original Application and the operative portion of the said order is as follow:
"In these circumstances, as the delay occurred only on the part of the Respondents 2 themselves and so, the period from 10.08.2007 to 19.2.2008 is liable to be treated as compulsory wait and the impugned Memo No.4377/1-2/2008 dated 17.10.2008 of Respondent No.1 and the consequential proceedings issued in Rc.No.2744/2008/A dated 27.12.2008 of Respondent No.2 in rejecting the request of the applicant to treat the period from 10.8.2007 to 19.2.2008 as compulsory wait is illegal and arbitrary and is liable to be set aside and is accordingly set aside. The Respondents are directed to treat the above period as compulsory wait with all consequential benefits within a period of three weeks from the date of receipt of a copy of this order. The O.A. is accordingly allowed. No costs."
3. Aggrieved by the aforesaid order, the Chief Executive Officer, Zilla Parishad, Guntur, Guntur District, respondent No.3 herein, filed Writ Petition No.32177 of 2011. A Co-ordinate Bench of this Court dismissed the said Writ Petition by way of order dated 30.03.2021, confirming the order passed by the Tribunal.
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4. According to the learned counsel for the petitioner, the orders passed by the Tribunal and this Court have attained finality and despite the same, the respondents herein have not implemented the orders. In these circumstances, this Court does not find any justification on the part of the respondent-authorities in not implementing the orders passed by the Tribunal in O.A.No.5099 of 2009 dated 14.09.2011. Learned Government Pleader for Services-IV appearing for respondent Nos.1 and 2, so also the learned Standing Counsel for respondent Nos.3 and 4 have made a request to the Court to grant some reasonable time to take action in accordance with the orders passed by the Tribunal referred to supra.
5. For the aforesaid reasons, the Writ Petition is disposed of, directing the respondents herein to implement the order dated 14.09.2011 passed by the Andhra Pradesh Administrative Tribunal in O.A.No.5099 of 2009, as expeditiously as possible, preferably within a period of three 4 months from the date of receipt of a copy of this order. There shall be no order as to costs of the Writ Petition.
As a sequel, interlocutory applications pending, if any, in this Writ Petition shall stand closed.
___________________ A.V.SESHA SAI, J __________________________ VUTUKURU SRINIVAS, J Date: 23.09.2022 siva 5 THE HON'BLE SRI JUSTICE A.V.SESHA SAI AND THE HON'BLE SRI JUSTICE VUTUKURU SRINIVAS WRIT PETITION No.11741 OF 2022 Date: 23.09.2022 siva