HON'BLE SRI JUSTICE C.V. RAMULU WRIT PETITION No.20914 of 2007 DATE:09.06.2010 Between: G. David Raju ... 1st petitoner and The Superintending Engineer, TL & SS, A.P.Transco, Kurnool and others ... Respondents HON'BLE SRI JUSTICE C.V. RAMULU WRIT PETITION No.20914 of 2007 ORDER: This writ petition is filed seeking a Writ of Mandamus to declare that the 1st petitioner is entitled for treating the period of suspension from 05.11.1997 to 14.07.2002 as on duty, the period from 02.12.2004 to 12.05.2006 as medical leave, and the subsequent period i.e. from 13.05.2006 to 12.07.2007 as compulsory wait for not giving posting orders with all consequential benefits including increments from the year 1997 and extension of Revised Pay Scales from time to time and promotion to the post of Addl. Assistant Engineer, on par with his juniors by holding the action of the respondents, as illegal and arbitrary. 2. The case of the petitioners, in brief, is that the 1st petitioner was appointed as a Sub Overseer in the respondent-Corporation on 10.07.1989 and during the year 1996 he was promoted to the post of Sub Engineer. While so, he was placed under suspension with effect from 05.11.1997 on the ground that the Inspector of Police, A.C.B., lodged a criminal case against him in C.C.No.2 of 1999 on the file of the Addl. Special Judge for SPE and ACB Cases, Hyderabad. During the course of suspension, he met with an accident on 17.11.2001 and he applied for medical leave for undergoing treatment. Subsequently, he was reinstated into service on 15.07.2002. i) The learned Addl. Special Judge for SPE and ACB Cases, Hyderabad, acquitted the 1st petitioner of the charges for which he was tried in C.C.No.2 of 1999 vide judgment dated 06.03.2006. Thereafter, pursuant to the Memo dated 12.07.2007 issued by the 1st respondent, he joined duty on 17.07.2007. Though he was acquitted in the said criminal case, the respondents have not released the increments from the year 1997 onwards and also not extended the Revised Pay Scales from time to time and his case was not considered even for promotion to the post of Addl. Assistant Engineer. Hence, this writ petition. 3. At the outset, it may be noticed that during pendency of the writ petition, the 1st petitioner died on 07.07.2009 and his legal representatives came on record as per the orders in W.P.M.P.No.24506 of 2009 dated 09.06.2010. 4. Heard both sides. 5. It is the contention of the learned counsel for the petitioners that the suspension period from 05.11.1997 to 14.07.2002 should be treated as on duty. In view of acquittal of the 1st petitioner in the criminal case and his reinstatement into service on 15.07.2002, I am of the opinion that the 1st petitioner is entitled for treating the period from 05.11.1997 to 14.07.2002 as continuous service without any brake. 6. It is the further contention of the learned counsel for the petitioners that after the 1st petitioner was reinstated into service on 15.7.2002, he met with an accident and suffered grievous injuries, as he was undergoing treatment, he applied for leave from 02.12.2004 to 12.05.2006 and thereafter he reported to duty along with medical certificate and fitness certificates on 13.05.2006. However, the leave period was not regularized nor he was given posting orders immediately. He was given posting orders only on 12.07.2007. Therefore, the 1st petitioner is entitled for grant of medical leave from 02.12.2004 to 12.05.2006 and to treat the subsequent period from 13.05.2006 to 12.07.2007 as compulsory wait. 7. Whereas the learned counsel for the respondents submitted that the period from 02.12.2004 to 12.05.2006 during which the 1st petitioner purported to have been sick due to the accident, was the subject matter of an enquiry, which was pending as on the date of his death i.e. on 07.07.2009. Therefore, the same gets abated in view of his death. 8. Under the above circumstances, I am of the opinion that since the medical certificate has already been produced by the 1st petitioner on 13.05.2006 along with fitness certificate, the period from 02.12.2004 to 12.05.2006 can be treated as medical leave and the subsequent period from 13.05.2006 to 12.07.2007 can also be treated as on duty but without any pay. 9. In the result, the writ petition is allowed to the extent indicated above. The respondents are further directed to fix the pay scale of the 1st petitioner in the Revised Pay Scales from time to time, till the date of death of 1st petitioner i.e. 07.07.2009 duly sanctioning the increments notionally in the Revised Pay scales and settle and pay all the retiral benefits to petitioners 2 to 5, within a period of eight weeks from the date of receipt of a copy of this order. There shall be no order as to costs. _________________ C.V. RAMULU, J 9th June, 2010 CBS HON’BLE SRI JUSTICE C.V. RAMULU WRIT PETITION No.20914 of 2007 (Allowed) 9th June, 2010 CBS