IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE FOURTH DAY OF FEBRUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 473 of 2008 Between: K. Vidyavathi, W/o. K. Venkateswar Rao, In Administratin (O & M) Department, Kothagudem, Khammam, Khammam District. ..... PETITIONER AND 1 A.P. Power Generation Corporation Limited, Vidyut Soudha, Somajiguda, Hyderabad, Rep. by its Managing Director. 2 The Chief Engineer, Kothagudem, Thermal Power Station ( O & M), KTPS, Paloncha, Khammam District. .....RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue such appropriate Writ, Order or direction to the respondents more particularly one in the nature of Mandamus declaring the inaction of the respondents in fixing the pay of the Petitioner who was promoted as UDC as long back as on 29-10-2005 in the time scale of Rs.5645-180-6365-215-7440-265-8765-315-10340-375-10715 with usual allowances as admissible to the post of UDC till this date, as arbitrary and illegal and consequently direct, the respondents to forthwith fix the pay of the Petitioner in the time scale of Rs. 5645-180- 6365-215-7440-265-8765-315-10340-375-10715 and pay the arrears without any further delay to the petitioner. Counsel for the Petitioner: MR.HARI SREEDHAR Counsel for the Respondents : MR.K.CHIDAMBARAM(SC FOR AP GENCO) The Court made the following : ORDER: The petitioner is U.D.C. in Administration (O&M) Department, Kothagudem Thermal Power Station, Paloncha. Certain departmental proceedings have been initiated against her and the said proceedings ended with punishment of ‘severe warning’ besides treating the absence period from 28.03.2005 to 05.04.2005 as leave for which she is eligible. She filed this writ petition assailing the inaction of the respondents in fixing her pay in the time scale of Rs.5645-180-6365-215-7440-265- 8765-315-10340-375-10715. 2. Rule Nisi came to be issued on 21.01.2008. An interim direction came to be passed on the even date directing the respondents to consider fixing the pay of the petitioner in the time scale of Rs.5645-180- 6365-215-7440-265-8765-315-10340-375-10715 if she is otherwise eligible as per law and pass appropriate orders within a period of four weeks and communicate the same to the petitioner. 3. The respondents entered appearance and filed WVMP No.1427 of 2008 with a prayer to vacate the interim order dated 21.01.2008. When the vacate stay petition came up for consideration, the learned counsel appearing for the parties consented for disposal of the writ petition. 4. Heard learned counsel appearing for the petitioner and learned Standing Counsel appearing for the respondents. 5. Learned counsel appearing for the petitioner submits that the petitioner really worked from 28.03.2005 to 05.04.2005 and therefore, question of her applying leave for the said period does not arise. 6. Indisputably, the departmental proceedings initiated against the petitioner ended with the punishment as indicated above. If the petitioner applies for regulation of the period from 28.03.2005 to 05.04.2005, the respondents are bound to consider the same and fix her pay in the time scale of Rs.5645-180-6365-215-7440-265-8765-315- 10340-375-10715. 7. In that view of the matter, the writ petition is disposed of directing the petitioner to submit an application to regulate the period from 28.03.2005 to 05.04.2005 and thereupon the respondents shall regulate the said period and fix her pay in the time scale of time scale of Rs.5645- 180-6365-215-7440-265-8765-315-10340-375-10715. No costs. ______________________ B.SESHASAYANA REDDY, J. Date:04th February, 2009. Cs ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{KSRANI}