Allowed

Joga Appa Rao, v. The District Co-operative Central Bank

Telangana HC10 Jun 2013WP/20745/2000

Case brief

AI extract

What is this about?

The High Court allowed a writ petition seeking directions for fixation of pay in a revised scale, payment of salary arrears, and treatment of the suspension period as on duty. The court granted relief and awarded interest.

What did the court decide?

Directed to fix pay in Revised Scale, pay arrears, treat suspension as on duty, and award 6% interest on leave benefits.

Joga Appa Rao, Vs The District… — Pension and Retirement Benefits | Telangana HC (2013)

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IN THE HIGH COURT OF JUDICATURE ANDHRA PRADESH AT HYDERABAD

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MONDAY THE TENTH DAY OF JUNE TWO THOUSAND AND THIRTEEN

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PRESENT

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HONOURABLE SRI JUSTICE B. CHANDRA KUMAR

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WRIT PETITION NO. 20745 OF 2000

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Between: Joga Appa Rao … Petitioner V/s. The District Co-operative Central Bank, Represented by its General Manager, Visakhapatnam. … Respondent

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Counsel for the Petitioner : Sri S. Sriram Reddy Counsel for the Respondents : Sri N. Subba Rao SC for DCC Bank Ltd.

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The Court made the following : [order follows]

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HONOURABLE SRI JUSTICE B. CHANDRA KUMAR

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WRIT PETITION NO. 20745 OF 2000

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O R D E R :

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This matter came up for hearing on 06-6-2013 and 07-6-2013

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and this date, there was no representation for the respondent. On earlier

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occasion and today also there is no representation on behalf of the respondent.

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2. Heard the learned counsel for the petitioner, Sri S.Sriram

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Reddy.

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3. The petitioner is seeking a direction to the respondent to fix his

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pay in Revised Pay Scale as per award dated 15-6-1997 and to pay arrears of salary from 01-4-1996 to 31-12-1996 and to treat the period of suspension from 07-2-1995 to 31-12-1996 as on duty and to release the monetary benefits accordingly.

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4. The petitioner was working as Assistant Manager under

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respondent, making some allegations he was placed under suspension on 04-2-1995. Since no inquiry was conducted within a period of one year as contemplated under sub-section 6 of Section 47 of the A.P. Shops and Establishment Act, the petitioner filed WP.No. 3409 of 1996. This Court by

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order dated 21-6-1996 allowed the said writ petition, directing the

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respondents to pay subsistence allowance to the petitioner @ 50% of the last drawn wages for the first six months and for the remaining six months @ 75% and full salary from 03-2-1996. A further direction was given to complete the inquiry within a period of three months from the date of receipt of a copy of the order in the said writ petition. It appears that the respondent could not complete the inquiry and ultimately dropped the charges framed against the petitioner vide proceedings dated 17-7-1998. The petitioner was paid gratuity and earned leave on 12-11-1998. The petitioner’s case is that the respondent ought to have passed orders treating the period of suspension as on duty and to pay him the arrears of salary from 01-4-1996 to 31-12-1996 by virtue of the Revision of Pay Scales as per award dated 15-6-1997. The petitioner claims that he is also entitled for interest on gratuity and earned leave from 01-4-1997 to 11-11-1998 and other benefits; such as, encashment of earned leave of one month and twenty days.

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5. No counter is filed by the respondent.

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6. Since the contentions of the petitioner are not disputed by the

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respondent. The writ petition is allowed as prayed for. In the circumstances, there shall be no order as to costs. As far as interest is concerned, the petitioner shall be entitled to 6% interest from 01-4-1997 to 11-11-1998.

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_______________________________ JUSTICE B. CHANDRA KUMAR.

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10/06/2013 I s L

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HONOURABLE SRI JUSTICE B. CHANDRA KUMAR

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WRIT PETITION NO. 20745 OF 2000

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Circulation No. Date:10/06/2013 Court Master: I s L Computer No.43

Joga Appa Rao, v. The District Co-operative Central Bank

Case brief

What is this about?

What did the court decide?

Joga Appa Rao, v. The District Co-operative Central Bank

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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