THE HON'BLE SMT. JUSTICE T. MEENA KUMARI & THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA W.P. NO.14736 OF 2000 ORDER: (Per. Hon’ble Smt. Justice T. Meena Kumari) 1 This Writ Petition is filed seeking to quash the order passed by the A.P. Administrative Tribunal, Hyderabad – Fourth respondent herein dated 21.01.2000 in O.A.No.49783 of 1991 and for a consequential direction to the respondents 1 to 3 to pay salary to the petitioner for the period from 14.07.1989 to 05.07.1990 by treating the said period as compulsory wait for all purposes. 2 The case of the petitioner is that he is working as Lecturer in the first respondent college and he did Ph.D at S.V. University, Tirupathi from 14.07.1986 to 13.07.1989. At the end of his fellowship i.e. on 13.06.1989, he made an application to the Director of Higher Education for giving him posting orders at Cuddapah where he worked immediately before his joining the Fellowship. As per the guidelines of the University Grants Commission, New Delhi, he has to report to the Principal, Government College for Men, Cuddapah to join in his original post. But the second respondent filled up his post by posting some other person and posted the petitioner to the Government College, Kadiri by order dated 16.07.1989. Aggrieved by the said order, the petitioner filed R.P.No.19876 of 1989 before the 4th respondent and obtained suspension of the said posting order dated 16.07.1989 of the second respondent. But the petitioner was not posted at Government College for Men at Cuddapah. Thereafter he made a representation on 22.08.1989 to the authorities stating that he would withdraw the case if he was given posting orders at Cuddapah. But the respondents did not take any action. However, ultimately by order dated 29.06.1990 the petitioner was posted at Cuddapah. Accordingly he joined at Cuddpah on 05.07.1990. The main contention of the petitioner is that he was not paid salary for the period from 14.07.1989 to 05.07.1990. In that regard the petitioner made a representation to the authorities for payment of salary for the above said period. However, the 2nd respondent rejected his request by order dated 18.10.1991. Aggrieved thereby the said order the petitioner filed the present O.A.No.49783 of 1991 before the fourth respondent seeking the relief of payment of salary for the said period by treating the same as compulsory wait. 3 The respondents filed counter before the Tribunal contending that when the R.P.No. 19876 of 1989 was pending before the fourth respondent the petitioner gave an undertaking to the department that he will withdraw the said case before the Tribunal in case he is retained as Lecturer at Cuddapah and basing on his undertaking he was reposted to Cuddapah and accordingly he joined duty on 05.07.1990. However, the petitioner did not withdraw the said R.P.No. 19876 of 1989. Thus the delay caused in giving posting order to the petitioner is only because of the laches on the part of the petitioner but not on the department and prayed for dismissal of the O.A. 4 On a consideration of the entire material available on record, the Tribunal i.e. fourth respondent dismissed the said O.A. Questioning the same the petitioner filed the present Writ Petition. 5 The learned counsel for the petitioner made his contentions more or less on the same lines as averred in the affidavit filed along with the petition stating that the petitioner ought to have been given posting order at Cuddapah immediately after completion of his Ph.D Fellowship. But instead of doing so the second respondent had posted him at Kadiri, which is against to the guidelines of the University Grants Commission, New Delhi. The petitioner was posted at Cuddapah only after he filed the O.A. before the fourth respondent. But, however, the fourth respondent, not taking the guidelines of the University Grants Commission into consideration, had passed the impugned order. 6 Having regard to the submissions made by the learned counsel for the petitioner and in view of the facts and circumstances of the case, we are of the view that it is because of the own act of the petitioner in not withdrawing the R.P. before the Tribunal as agreed by him that he would withdraw the R.P. before the Tribunal if he is retained at Cuddapah only, the delay has occurred. Under the circumstances, the fault cannot be attributed to the department. Hence we do not find any illegality in the order impugned in this Writ Petition and the petitioner is not entitled to any relief in this Writ Petition. 7 The Writ Petition is accordingly dismissed. No costs. --------------------------------- Justice T. Meena Kumari ------------------------------------------ Justice Gopala Krishna Tamada 14.07.2010 Gsn / Kvsn