THE HON’BLE SRI JUSTICE GHULAM MOHAMMED AND THE HON’BLE SRI JUSTICE N.R.L.NAGESWARA RAO W.P.No.3164 of 2011 ORDER: ( PER GM,J) This writ petition is filed questioning the legality and validity of the order dated 14.09.2010 in O.A.No.287 of 2010 on the file of the Andhra Pradesh Administrative Tribunal, Hyderabad. First respondent is the applicant in the above O.A. It is his case that he is working as typist in Government Junior College for the last 25 years and applied for casual leave with effect from 02.06.2006 to 05.06.2006 on account of illness. As he could not recover from illness, he took treatment at Osmania General Hospital, Hyderabad and on 05.06.2006 he submitted an application requesting to extend his medical leave till he is fit to join duty. On 17.06.2007, he was declared fit to join duty and he obtained the Certificate to that effect from the doctor at Osmania General Hospital and reported for duty on 18.06.2007 before the Principal, Government Junior College for Boys, Bhongir. As the Principal did not allow him to join duty, he approached the third petitioner requesting for posting orders but in spite of the same, no posting orders were issued, instead he was served with a charge memo stating that he went on leave without prior permission violating the relevant rules. Thereafter, he was given posting order on 06.03.2009 pending disposal of the disciplinary proceedings. Later, the third petitioner vide proceedings dated 20.11.2009, imposed the punishment of censure and the said order does not contain regarding the period for which the applicant was not given posting orders. So the applicant filed O.A. before the Tribunal. The Tribunal allowed the O.A. by setting aside the punishment of censure and directed the petitioners to treat the period from 02.06.2006 to 18.06.2007 as medical leave to which the first respondent/applicant is eligible and to treat the remaining period from 18.06.2007 to 06.03.2009 as compulsory wait with all consequential benefits. Aggrieved by the same, the respondents therein have filed the writ petition. It is the contention of the learned counsel for the petitioners that the order of the Tribunal is erroneous, since the first respondent/applicant has not submitted the leave application duly following the procedure laid down in Andhra Pradesh Leave Rules, 1933. On the other hand, learned counsel for the first respondent/claimant contends that the order of the Tribunal is correct and needs no interference. The Tribunal observed that the petitioners have neither rejected nor granted the leave but initiated disciplinary proceedings and issued charge memo on the ground that the first respondent/applicant was unauthorisedly absent for the period from 02.06.2006 to 17.062007 though the leave application is supported by medical certificate issued by the competent authority and accordingly held that the said period has to be treated as eligible medical leave. With regard to the period from 18.06.2007 to 06.03.2009, it further observed that though the first respondent/applicant submitted his joining report on 17.06.2007 instead of giving him posting immediately, the petitioners have kept him idle without giving posting orders and posting orders were issued only on 06.03.2009. Therefore, the Tribunal held that the period from 18.06.2007 to 06.03.2009 has to be treated as compulsory wait since there is no mistake on the part of the first respondent/applicant. Thus, the Tribunal rejected the contention of the authorities that they have taken a lenient view in imposing the punishment of censure on the applicant, taking into consideration his previous conduct. From a perusal of the order of the Tribunal, we are of opinion that it has given cogent reasons while allowing the O.A. Under the circumstances, we do not find any illegality or jurisdictional error warranting interference by this Court. However, the Government is directed to comply with the directions of the Tribunal within a period of six weeks from the date of receipt of a copy of this order. The writ petition is accordingly dismissed. No costs. GHULAM MOHAMMED,J N.R.L.NAGESWARA RAO,J Dt.21.02.2011 lvl THE HON’BLE SRI JUSTICE GHULAM MOHAMMED AND THE HON’BLE SRI JUSTICE N.R.L.NAGESWARA RAO W.P.No.3164 of 2011 ( PER GM,J) Dt. 21.02.2011