Allowed

The Ooventmeed of Andhra Pradesh v. Ch.Vara Prasad

Telangana HC11 Aug 2014WP/36978/2013

Case brief

AI extract

What is this about?

The High Court quashed the Tribunal's order allowing a petition for reinstatement of duty and increments without recorded reasons. The matter was remanded to the Tribunal to dispose of the application in accordance with law. No provisions were applied.

What did the court decide?

Impugned order of the Tribunal set aside and matter remanded to the Tribunal to dispose of the O.A. within six weeks.

The Ooventmeed of Andhra Pradesh Vs… — Pension and Retirement Benefits | Telangana HC (2014)

¶1

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

¶2

WRIT PETITION No. 36978 OF 2013

¶3

ORDER:

¶4

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

¶5

This Writ Petition is filed challenging the order dated 13.02.2013 in Original Application No.10086 of 2012 on the file of the Andhra Pradesh Administrative Tribunal, Hyderabad (for short, ‘the Tribunal’).

¶6

2. Heard both sides.

¶7

3. The first respondent herein filed the aforesaid Original Application (O.A.) before the Tribunal seeking to declare proceedings Rc. No.4/C2/2011, dated 26.03.2012 passed by the first petitioner herein rejecting the request of the first respondent herein to treat the gap period from 01.02.2011 to 18.05.2011 as on duty and to release two annual grade increments and one special grade promotion scale. The order dated 26.03.2012 passed by the first petitioner herein, which is impugned in the O.A. reads thus:

¶8

“The attention of the Principal, Government Junior College, Sompeta, Srikakulam District is invited to the references read above and he is instructed to obtain the leave application from Sri Ch.Varaprasad, Record Assistant of his college for the period from 01.02.2011 to 18.05.2011 and submit to this office along with Service Register to take further necessary action in the matter, as his retention in Department of Intermediate Education, was considered at his request. As his request for treating the period of

¶9

stay from 1-2-2011 to 18-5-2011 as duty could not be treated on the ground stated at prepara.”

¶10

The Tribunal allowed the said O.A. by the order impugned in this Writ Petition, directing the petitioners herein to pass orders treating the gap period as on duty and release the increments due to the first respondent and the special grade promotion scale, within a period of three weeks from the date of receipt of the said order. Without setting aside that order, the question of giving direction by the Tribunal does not arise. No reasons are recorded by the Tribunal on what ground the above proceedings have been set aside. Therefore, the impugned order is set aside and the matter is remanded to the Tribunal with a request to dispose of the O.A. in accordance with law as expeditiously as possible preferably within a period of six weeks from the date of receipt of a copy of this order.

¶11

4. The Writ Petition is, accordingly, allowed remanding the matter. No costs. Miscellaneous Petitions pending, if any, in the Writ Petition shall stand closed.

¶12

-----------------------(K.C. BHANU, J.)

¶13

----------------( ANIS, J.)

¶14

11.08.2014 DRK

¶15

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

¶16

WRIT PETITION No. 36978 OF 2013 (per the Hon’ble Sri Justice K.C.Bhanu)

¶17

11.08.2014

The Ooventmeed of Andhra Pradesh v. Ch.Vara Prasad

Case brief

What is this about?

What did the court decide?

The Ooventmeed of Andhra Pradesh v. Ch.Vara Prasad

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Magani Udaya Shankar Rao, Vs The State Bank of Hyderabad, Cheriyal Branch

Miss Taizeen Fathima Katoon Vs The Authorized Officer

J. Lakshmi Vs The Sub Registrar

Sri. Gandrothu Veera Venkata Vinayaka Rao Vs The Government of The State of Telangana

R.Sathish Chandra, Vs M/s. Shriram City Union Finance Limited

The Government of Andhra Pradesh Vs S.Narayans Raju