Single judge disposed of a writ petition mandamus petition seeking declaration of illegal inaction regarding arrears of salary, pension, promotion, and medical reimbursement after holding the primary cause no longer survives.
The writ petition was disposed of on the finding that the cause does not survive any further.
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THE HON’BLE SRI JUSTICE NOOTY RAMAMOHANA RAO
WRIT PETITION No. 23914 of 2009
O R D E R :
This Writ Petition has been filed seeking a writ of mandamus for declaring the inaction on the part of the respondents in paying the difference of arrears of salary and the other terminal benefits including pension, etcetera as illegal.
I am saved of the bother of repeating all the facts once again. A detailed order was passed by me on 03.09.2010, pursuant to which the Secretary, Board of Intermediate Education passed orders through his proceedings Rc.No. 1398/A-A3/2003, dated 28.09.2010 treating the period of suspension as period spent on duty, releasing the annual grade increments, fixing the pay in accordance with the revised pay scales 1999 and 2005 respectively and also for paying the arrears of salary and allowances on that count and the terminal benefits.
Dr. P.B. Vijay Kumar, learned counsel for the petitioner submits that in pursuance of this order, the writ petitioner has been paid the arrears of salary and allowances up to the date of his retirement and the other admissible terminal benefits. However, the petitioner appears to be nurturing some grievances with regard to nonconsideration of his case for promotion to next higher categories and also release of medical reimbursement expenses.
With regard to the grievance of the petitioner, he is always at liberty to take up the matter with the respondent Board, independent of the present Writ Petition. Therefore, I consider that the cause in this Writ Petition does not survive any further. Hence, the Writ Petition is disposed of. No costs.
Consequently, the miscellaneous applications if any, shall also stand disposed of.
(NOOTY RAMAMOHANA RAO, J)
11th September 2012
ksld
2 issues framed by the court
Whether the petitioner was entitled to recognition of suspension period as period spent on duty and arrears of salary.
Whether the dismissal of the writ petition on the ground that the cause does not survive warrants disposal.
Dr. P.B. Vijay Kumar
Secretary, Board of Intermediate Education
NOOTY RAMAMOHANA RAO
As recorded by the court registry
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