Suryas Ravi Prakash Rao Vs the State of Andhra Pradesh

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ or order or direction more in the nature of Writ of Mandamus under Article 226 of the Constitution of India to direct the respondents to regularize the absence period of the suspension from service from 07.09.2017 to 22.10.2018 (BDI) (Total 411days ) treating the entire period as ON DUTY for all consequential benefits of service in accordance with F.R.-54-B(3)at once and declaring the in action of the respondents as illegal, arbitrary biased, unreasonable, unconstitutional, discriminatory, against to the natural justice and also detrimental to the Fundamental Rights of the Petitioner and violative of Article 14 and 16 of the Constitution of India and to pass such other order.

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IA NO: 1 OF 2024

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased may be pleased to direct the respondents to release all annual grade increments and one Special Promotion Post Scale Increment on completion of 18 Years of service due to the petitioner, which were stopped illegally at once and to pass such other order.

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IA NO: 1 OF 2025

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to grant leave to these respondents in the W.P.No.5439 of 2024 to file counter affidavit in the above writ petition.

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Counsel for the Petitioner:

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1.K P ABHI RAM

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Counsel for the Respondent(S):

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1.GP FOR SERVICES III

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The Court made the following:

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THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY

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WRIT PETITION No.5439 of 2024

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ORDER:

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The present Writ Petition is filed seeking for a direction to the Respondents to regularize the suspension period of the Petitioner from ‘07.09.2017 to 22.10.2018’ (411 days) treating the same as ‘on duty’ for all consequential benefits for service in accordance with Rule 54-B(3) of the Andhra Pradesh Fundamental Rules, 1964.

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The Petitioner was working as Secondary Grade Teacher at Jallipalli Village, Kudair Mandal, Ananthapuram District. While so, the Petitioner was placed under suspension on 07.09.2017 on account of being involved in a criminal case i.e. S.C.No.207 of 2018 on the file of IV Additional District & Sessions Judge-cum-Special Judge for Trial of Offences against Woman, Ananthapuram. The Petitioner was prosecuted with regard to suicide committed by his wife. The Sessions Court vide Judgment dated 12.04.2022 acquitted the Petitioner of the allegations.

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Thereafter, the Petitioner was reinstated into service on 23.10.2018 vide Rc.No.5630/B1/2017, dated 19.10.2018 issued by Respondent No.4. The grievance of the Petitioner now is that though the Petitioner submitted several representations to Respondent No.4 for regularization of his suspension period from ‘07.09.2017 to 22.10.2018’ no action is being taken

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by Respondent No.4. Hence, the present Writ Petition is filed seeking for regularization of his service as mentioned above in accordance with F.R.54-B(3) of the Andhra Pradesh Fundamental Rules, 1964.

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Heard Sri K.P. Abi Ram, learned counsel for the Petitioner and Sri S. Raju, learned Assistant Government Pleader appearing for the Respondents.

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Learned Assistant Government Pleader on instructions would submit

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that the representations of the Petitioner will be considered by the Respondent-authorities and appropriate orders would be passed in terms of Rule 54-B of the A.P. Fundamental Rules, 1964.

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Considering the submissions made, the Writ Petition is disposed of

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with the following directions;

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(i) The Respondents are directed to pass orders regarding period of suspension i.e. from ‘07.09.2017 to 22.10.2018’ in accordance with F.R.54-B of the A.P. Fundamental Rules, 1964 within a period of eight (8) weeks from today;

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(ii) No order as to costs.

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