IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE THIRTY FIRST DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE RAMESH RANGANATHAN WRIT PETITION NO : 27709 of 2005 Between: 1 R.LaXMI W/o.Late G.S.Rajender R/o.H.No.1-1-287/28, Bapu nagar, Chikkadapally, Hyderabad 2 G.R.Sunil W/o.Late G.S.Rajender R/o.H.No.1-1-287/28, Bapu nagar, Chikkadapally, Hyderabad 3 G.R.Renuka W/o.Late G.S.Rajender R/o.H.No.1-1-287/28, Bapu nagar, Chikkadapally, Hyderabad 4 G.R.Kanchan W/o.Late G.S.Rajender R/o.H.No.1-1-287/28, Bapu nagar, Chikkadapally, Hyderabad ..... PETITIONER(S) AND 1 The Government of Andhra Pradesh, rep.by its Secretary Education (P.S) Department, Secretariat Buildings, Hyd 2 The Director of School Education, Andhra Pradesh, Hyderabad 3 Keshav Memorial Educational Soceity, rep.by its Secretary, Narayanaguda, Hyderabad .....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 will be pleased to to issue a writ order or direction particularly one in the nature of writ of mandamus declaring the action of the respondents in not paying the amounts due to us is arbitrary illegal, and violative of Article 14,16,21 of the constitution of India consequently direct the respondents to pay the amounts and pass Counsel for the Petitioner:MR.K.GOVIND Counsel for the Respondent No.: GP FOR SCHOOL EDUCATION The Court made the following : THE HON’BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION No.27709 of 2005 ORDER: Another case which highlights the apathy and indifference authorities to the plight of hapless citizens. The petitioners herein are the widow and children of late Sri G.S.Rajender, a Junior Assistant, hitherto working in the 3rd respondent-school. Sri G.S.Rajender, who was appointed as a Junior Assistant in the 3rd respondent in the year 1971, was dismissed from service on 30.04.1985. The Regional Joint Director, by order dated 06.05.1986, directed his reinstatement. Aggrieved thereby, the 3rd respondent preferred an appeal and the Government initially granted stay on 02.06.1986 which was, subsequently, vacated by order dated 11.09.1986. Thereafter, the 3rd respondent filed W.P.No.13582 of 1986 and this Court, by order dated 15.04.1987, directed that Sri G.S.Rajender be paid subsistence allowance. Since subsistence allowance was not paid Sri G.S.Rajender filed Contempt Case No.379 of 1988 and thereafter, by order dated 27.06.1989, he was paid subsistence allowance. The appeal preferred by the 3rd respondent in the year 1986 virtually came to be dismissed by order dated 01.03.1994. Aggrieved thereby, the 3rd respondent filed W.P.No.6461 of 1994 before this Court. This Court disposed of W.P.No.6461 of 1994 by order dated 22.04.2002 directing the 3rd respondent to work out the bills for payment of salary to Sri G.S.Rajender from the date of dismissal till the date of his joining and forward the proposals to the Government to take appropriate action in accordance with law and pay the same to Sri G.S.Rajender after adjusting the subsistence allowance already paid to him. The 3rd respondent was directed to reinstate Sri G.S.Rajender forthwith after obtaining written apology as per the orders of the Regional Joint Director. Sri G.S.Rajender reported for duty on 17.06.2002 and was reinstated into service by the 3rd respondent. While in service, Sri G.S.Rajender died on 03.02.2003. In the interregnum the 3rd respondent, in compliance with the orders of this Court in W.P.No.6461 of 1994, had forwarded proposals to the Deputy Educational Officer on 11.09.2002. Though nearly six years have elapsed thereafter, the order of this Court directing payment of salary, for the period the petitioner was kept away from duty, has not been complied with till date. Learned Assistant Government Pleader would draw attention of this Court to the proceedings of the Secretary to Government, Education Department, in Memo No.10342/Ps-1/05 dated 28.11.2005, wherein it was observed that, since the 3rd respondent had failed to reinstate Sri G.S.Rajender into service as directed by the Government, it was for them to pay arrears from their own funds and not for the Government to do so. The Director, School Education was directed, under the said Memo, to prefer an appeal against the orders passed in W.P.No.6461 of 1994, dated 22.04.2002. Learned Assistant Government Pleader would submit that an appeal has been preferred thereafter in the year 2006 in W.A.(SR) No.48822 of 2007 along with a petition to condone the delay in preferring the appeal. She would, however, fairly state that no orders have as yet been passed even on the condone delay application. The casual manner in which the plight of individuals is being dealt with is a matter of serious concern. The dispute, even according to the letter of the Government dated 28.11.2005, is with regards the person who is liable to make payment to the legal heirs of Sri G.S.Rajender. While this Court, in its order dated 22.04.2002 in W.P. No.6461 of 1994, had directed the Government to pay salary to Sri G.S.Rajender, the Government is of the view that it is the 3rd respondent who was required to pay and not the Government. The fact that Sri G.S.Rajender is entitled to receive the amount is not in dispute. Since the only dispute relates to the question whether it is the Government or the 3rd respondent which is required to make payment, ends of justice would be met if the Government were directed to pay the salary due to Sri G.S.Rajender, in accordance with the orders of this Court in W.P.No.6461 of 1994, dated 22.04.2002, to the petitioners herein within a period of three months from the date of receipt of a copy of this order, leaving it open to them to recover the said amount from the 3rd respondent in case they succeed in the Writ Appeal. The Writ Petition is allowed. However, in the circumstances, without costs. ________________________________ RAMESH RANGANATHAN, J. Date: 31.07.2008 GS