THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE K.G.SHANKAR Writ Petition No.1595 of 2000 ORDER (Per Sri Justice Ghulam Mohammed) The petitioner while working as Typist in Government Junior College, Addanki, was dismissed from service on the ground of conviction imposed by a criminal Court. When the matter was carried in appeal before the Supreme Court of India, he was exonerated from the charges. Thereafter, for not considering his representations, he filed O.A.No.2505 of 1995 before the Andhra Pradesh Administrative Tribunal (for short ‘the Tribunal’), which in turn disposed of the same on 31.01.1995 with a direction to the respondents to dispose of the representations within one month from that date. As there was no response, the petitioner filed C.C.No.244 of 1995, and the same was disposed of on 22.08.1996. Consequently, G.O.Ms.No.430 dated 28.11.1995 was issued directing the second respondent to reinstate him into service with immediate effect with arrears of salaries w.e.f 20.02.1995. After his repeated representations, the Government issued G.O.Ms.No.178 dated 13.08.1996, stating that the period between the date of dismissal from service and the date of his reinstatement be treated as duty in terms of sub-Rule 3 of F.R.54-A and pay salaries and allowances, but no action was initiated except payment of notional amount to him. He states that pursuant to the directions issued by the Tribunal in O.A.No.6998 of 1996 filed by him, the 4th respondent issued a letter dated 12.03.1997 stating that he is not entitled for the salaries, as per the instructions of the second respondent. Hence, he filed O.A.No.1956 of 1997 before the Tribunal seeking a direction to the respondents to implement G.O.Ms.No.178 dated 13.08.1996. Through order dated 01.12.1999, the Tribunal disposed of the said O.A. stating that the respondents have released not only the amounts sanctioned as per the said G.O., but also the other benefits to which the petitioner is entitled to. Aggrieved by the same, the petitioner filed the present writ petition. 2. The respondents filed counter stating that in pursuance of G.O.Ms.No.430 dated 28.11.1995, the petitioner was reinstated into service and he was posted as Typist, Government Junior College, Ardhaveedu, Prakasam District. Thereafter, he made a representation on 22.10.1996. He also filed O.A.No.6998 of 1996 before the Tribunal, which was disposed of with a direction to dispose of the said representation and consequently, he was posted as Typist, Government Junior College, Addanki, where he joined duty on 18.01.1997. It is stated that the respondents have already paid him the arrears of salary and subsistence allowance entitled to him, except for the period from 30.12.1995 to 18.01.1997, which was treated as absent for all practical purposes. Though the respondents directed the petitioner vide proceedings dated 22.02.1997 to apply leave for that period, he was not responded, but filed O.A. as well as this writ petition. 3. Heard the learned counsel for the petitioner and the learned Government Pleader for Services-I. 4. Learned counsel for the petitioner submitted that when the petitioner was posted as Typist at Government Junior College, Ardhaveedu, Prakasam District, he did not join duty, but pursuant to the orders of the Tribunal, he was transferred and posted to Addanki, where he joined duty on 18.01.1997. Learned counsel further contended that because of non-implementation of the orders of the Tribunal by the respondents, he was deprived from working at Addanki and as such, he is entitled to salary for the said period. He further contended that from the date of his joining till his retirement in 2002, no increments were sanctioned to him except basic salary and that his pension is also not settled. 5. Learned Government Pleader for Services-I contended that as the petitioner was out of service from 30.12.1995 to 18.01.1997, which period was treated not on duty for all practical purposes and as such, he is not entitled to salary for the said period. 6. The material on record shows that in pursuance of G.O.Ms.No.430 dated 28.11.1995, the third respondent herein posted the petitioner as Typist in Government Junior College, Ardhaveedu, Prakasam District, but without reporting there, he made a representation dated 22.10.1996 to the Director of Intermediate Education, Hyderabad. Pursuant to his transfer order dated 17.01.1997, as per the orders of the Tribunal in O.A.No.6998 of 1996, the petitioner joined duty on 18.01.1997 at Addanki. Since the petitioner neither worked from 30.12.1995 to 18.01.1997, nor applied leave for the said period, he cannot claim salary for the said period. Therefore, he is not entitled to salary for the same. Further, in pursuance of G.O.Ms.No.178, dated 13.08.1996, the respondents had paid all the amounts along with other benefits to which the petitioner is entitled to. 7. Considering the above facts and circumstances of the case and in view of non-settlement of pension of the petitioner, we deem it appropriate to direct that the respondents shall treat the salary of the petitioner for the period from 30.12.1995 to 18.01.1997 as notional for fixation of his pension and other benefits. Further, the respondents shall complete this exercise within a period of two months from the date of receipt of a copy of this order. Accordingly, the Writ Petition is disposed of. No costs. _______________________ GHULAM MOHAMMED, J _______________ K.G.SHANKAR, J Date:13.07.2011 sj