IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE FIRST DAY OF JULY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH and THE HON'BLE MR JUSTICE K.C. BHANU WRIT PETITION No.25739 of 2008 Between: 1 The Commissioner and Director of School Education Andhra Pradesh, Hyderabad 2 The District Educational Officer, Prakasam District,Ongole 3 The head Master, Government High School, Pedda Dornala, Prakasam District 4 The Principal, Govt Jr.College, Pedda Dornala Prakasam District ..... PETITIONER(S) AND 1 Sri Sk.Allabaksha Working a Part Time Watchman Government High School, Pedda Dornaaala, Prakasam District 2 The Government of Andhra Pradesh, rep.by its Secretary Finance & Planning Department, Secretariat, Hyderabad (2nd respondent is a formal party no reliefs is sought again him) .....RESPONDENT(S) 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 a writ order or direction more particularly one in the nature of writ of Certiorari calling for the records relating to and connected with the orders dated 12.6.2008 in OA.No.66/2007 on the file of the Hon`ble A.P. Administrative Tribunal, Hyderabad and to quash or set aside the same by holding as erroneous and contrary to law. Counsel for the Petitioner:GP FOR SERVICES I Counsel for the Respondent No.: . The Court made the following : THE HON'BLE MR JUSTICE V.ESWARAIAH and THE HON'BLE MR JUSTICE K.C. BHANU WRIT PETITION No.25739 of 2008 ORDER: (per the Hon’ble Sri Justice V. Eswaraiah) Aggrieved by the order, dated 12-06-2008, passed by the A.P.Administrative Tribunal, Hyderabad, in O.A.No.66 of 2007, this writ petition is filed. It is the case of the 1st respondent that he was initially appointed as a part time watchman in the Government Junior College, Pedda Dornala vide proceedings, dated 08-10-1987. On bifurcation of High School Section from Junior College, the Commissioner and Director of School Education, A.P., Hyderabad, in proceedings dated 26-06-2003, allotted certain non-teaching staff posts to High School Section and the 1st respondent was allotted to Government High School, Pedda Dornala, as per the proceedings, dated 13-08-2003 and the 1st respondent was permitted to join duty on 23-08-2003 A.N. on his relief from Government Junior College, but the 1st respondent was not paid salary from 23-08- 2003 onwards. Therefore, the 1st respondent filed O.A.No.66 of 2007 before the Tribunal seeking to declare the action of the respondents therein in not paying salaries to him with effect from August, 2003 onwards as illegal and arbitrary and consequently to direct the respondents therein to release the salaries due to him with effect from August, 2003. The Tribunal by order, dated 12-06-2008 allowed the O.A. with costs of Rs.5,000/- directing the petitioners herein to release the salary of the 1st respondent with effect from August, 2003. Aggrieved by the said order, the respondents therein filed this writ petition. There is no dispute that the 1st respondent herein is entitled to the salary for the aforesaid period during which he has worked. Learned Government Pleader appearing for the petitioners submits that the petitioners are only aggrieved by the impugned order insofar as imposition of costs of Rs.5,000/- is concerned. Having regard to the facts and circumstances of the case, as the petitioners are agreeing to pay salary to the 1st respondent, as directed by the Tribunal, we set aside the order of the Tribunal insofar as imposition of costs of Rs.5,000/- is concerned, as there is no willful negligence on the part of the petitioners herein for not releasing the salary to the 1st respondent. However, the petitioners shall release the salary to the 1st respondent, as directed by the Tribunal. Accordingly, the writ petition is allowed in part. There shall be no order as to costs. ________________ V.ESWARAIAH, J _____________ K.C.BHANU, J Date : 01-07-2009 Prv