Allowed

The Mandal Parishad Development Officer, v. Smt. Kaki Venkata Lakshmi Tanuja

Telangana HC25 Aug 2014WP/11824/2014

Case brief

AI extract

What is this about?

This order quashable an impugned Tribunal order directing salary payment, as it was passed without opportunity for respondents to present counters following admission-stage disposal. The matter was remanded for completion of pleadings.

What did the court decide?

Writ petition allowed; Impugned order set aside; Matter remanded to the Tribunal for disposal after completion of pleadings.

The Mandal Parishad Development Officer, Vs Smt… — Service and Employment | Telangana HC (2014)

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THE HON’BLE SRI JUSTICE K.C. BHANU AND THE HON’BLE MRS JUSTICE ANIS

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WRIT PETITION No.11824 OF 2014

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ORDER:(per Hon’ble Sri Justice K.C.Bhanu)

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This Writ Petition is filed under Article 226 of the Constitution of India challenging the Order, dated 14.11.2013, in Original Application No.8002 of 2013 passed by the Andhra Pradesh Administrative Tribunal, Hyderabad (for short, ‘the Tribunal’), whereunder and whereby, respondent No.5 in the Original Application was directed to pay the salary due to the applicant therein within a period of four (04) weeks from the date of receipt of a copy of that order.

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2. Heard both sides.

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3. The record discloses that on 25.06.2013 the applicant was transferred from Kamavarapu Kota Grampanchayat to Pedapadu Grampanchayat in view of the Panchayat elections as she was a native of Kamavarapu Kota village; that the Panchayat Secretary, Kamavarapu Kota addressed a letter, dated 05.07.2013, to the Mandal Parishad Development Officer (MPDO), Kamavarapukota, stating that the 1^st respondent absconded from duties from 06.06.2013 without intimation; and thereafter, Mandal Praja Parishad, Kamavarapukota, has received a Medical Leave Letter from 05.07.2013 to 05.08.2013 through post without Medical Certificate.

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4. The issue whether the petitioner is entitled for the salary or

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not cannot be resolved without affording an opportunity to the respondents in the Original Application. Admittedly, the Original Application was disposed of at the stage of admission without calling for the counters. Therefore, the impugned order is liable to be set aside.

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5. Accordingly, the Writ Petition is allowed and the matter is remanded to the Tribunal with a request to dispose of the same after completion of pleadings. There shall be no order as to costs. Miscellaneous Petitions, if any, pending in this writ petition shall stand closed.

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JUSTICE K.C. BHANU

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___________ JUSTICE ANIS

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Date:25.08.2014 INL

The Mandal Parishad Development Officer, v. Smt. Kaki Venkata Lakshmi Tanuja

Case brief

What is this about?

What did the court decide?

The Mandal Parishad Development Officer, v. Smt. Kaki Venkata Lakshmi Tanuja

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

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