HON'BLE MR JUSTICE GHULAM MOHAMMED AND HON'BLE MR JUSTICE P. SWAROOP REDDY WRIT PETITION NO. 26499 OF 2010 Between: The Government of Andhra Pradesh represented by its Principal Secretary to Government, Secondary Education and two others ………….Petitioners AND Sri B. Sura Papaiah, Senior Assistant (Retd), Government Junior College, Maripeda, Warangal District and one another ………….Respondents ORDER: (Per Hon'ble Sri Justice Ghulam Mohammed) This Writ Petition has been filed in the nature of Writ of Certiorari calling for the records relating to order dated 18.09.2009 passed in O.A.No. 8182 of 2005 by the A.P. Administrative Tribunal, Hyderabad and to quash the same as illegal. O.A.No.7257 of 2010 was filed under Section 19 of the Administrative Tribunals Act, 1985 by the first respondent-applicant, seeking to quash the impugned proceedings dated 19.10.2005 of the third petitioner and to set aside the same as illegal and further declare that the applicant is entitled to treat the period from 26.10.1997 to 19.3.1998, as ‘compulsory wait’ and for the period from 23.5.1999 to 27.1.2000 period of reversion as duty as Senior Assistant and pay the salaries and all consequential benefits including monitory by revising his pension. That O.A was allowed. Aggrieved by the same, the present Writ Petition is filed. Brief facts of the case are that the applicant-first respondent was working as Senior Assistant in Government Junior College, Mulugu, his request for transferring him from Government Junior College Mulugu to Government Junior College, Hanumakonda was considered and the third petitioner-Regional Joint Director of Intermediate Education, Warangal issued proceedings dated 10.6.1997. It is stated that the applicant-first respondent was relieved on 25.6.1997 by the Principal, Government Junior College, Mulugu and he reported before the Principal, Government Junior College (Boys), Hanmakonda on the same day, but there, he was redirected to go back to his earlier station which is contrary to the proceedings dated 10.6.1997. It is also submitted that instead of taking any action against the Principal, the third petitioner issued orders dated 9.7.1997 modifying his earlier proceedings dated 10.6.1997 and directed the applicant-first respondent to join in the old place i.e., Government Junior College, Mulugu. Aggrieved by the same, he filed O.A.No. 4357 of 1997 before the Tribunal and the same was disposed of on 29.1.1998 directing the applicant to make a representation to the third petitioner and he made a representation but no orders were passed. As the applicant-first respondent has no other alternative, joined duty as Senior Assistant on 20.3.1998 at old place i.e., Government Junior College Mulugu and continued up to 3.3.1999. While so, the third petitioner issued proceedings dated 4.3.1999 reverting the applicant as Junior Assistant permanently on the ground of certain allegations and transferred him from Government Junior College, Mulugu to Marripeda. Questioning the same, applicant-first respondent filed O.A.No. 1654 of 1999 and the same was allowed on 21.4.1999 directing the third petitioner to follow procedure as per rules and consequently the third petitioner issued proceedings dated 29.4.1999 directing the first respondent-applicant to join duty as Senior Assistant and accordingly the applicant joined duty. It is stated that the third petitioner issued disciplinary proceedings dated 20.5.1999 and passed final orders reverting the applicant to the post of Junior Assistant and posted to Government Junior College, Marripeda, Warangal District. Aggrieved by the same, the applicant filed O.A.No. 2969 of 1999 and the Tribunal disposed of the said O.A on 18.6.1999 directing the applicant to file an appeal before the Competent Authority and the applicant filed an appeal and that appeal was disposed of by setting aside the order dated 20.5.1995 by remanding the matter to the third petitioner for following the procedure under Rule 20 of CCA Rules. It is stated that subsequently, enquiry was conducted and ultimately it was found that the applicant-first respondent has not committed any lapses and that one Mr. C.V. Ramanuja Charyulu committed lapses, therefore, directed to take action against him. Subsequently, the applicant was given posting orders through proceedings dated 20.5.1999 reposting him as Senior Assistant at Government Junior College, Maripeda. Therefore, the applicant-first respondent requested to treat the period from 26.10.1997 to 19.3.1998 during which period he was not allowed to by the Principal, Government Junior College, Hanmakonda, as compulsory wait and to pay the salary in the category of Senior Assistant. The learned Government Pleader for Services-I appearing for the petitioners submits that the Tribunal has committed a serious error in directing them to take necessary steps to pay the salary as per the entitlement of the applicant-first respondent from 23.5.1999 to 27.1.2000 as he did not work for that period. He also submits that against the order of the third petitioner herein the applicant approached the Tribunal and obtained interim suspension and that interim suspension was continued till the disposal of the O.A.No. 4357 of 1997 viz., on 29.1.1998. When once the Tribunal disposed of the O.A No. 4357 of 1997, it ought not to have directed the petitioners herein in O.A.No. 8182 of 2005 to treat the applicant-first respondent as Senior Assistant from 23.5.1999 to 27.1.2000. He further submits that the applicant-first respondent has to be paid notional pay in the category of Senior Assistant and the pay in the category of Junior Assistant. On the other hand learned counsel appearing for the first respondent-applicant submits that the order of the Tribunal is quite reasonable and there are no grounds to interfere with the same. Heard the learned counsel appearing for both sides and perused the entire material made available on record. As seen from the record, the third petitioner issued proceedings dated 4.3.1999 reverting the applicant-first respondent as Junior Assistant permanently on the ground that certain allegations were made against him and transferred him to Government Junior College, Maripeda, he was relieved by the Principal at Mulugu on 24.3.1999. When the applicant-first respondent filed O.A No. 1654 of 1999, the Tribunal directed the respondents to follow the procedure as per law. In pursuance of that, the third petitioner issued proceedings dated 29.4.1999 directing the applicant-first respondent to join as Senior Assistant and accordingly the applicant-first respondent joined duty on 29.4.1999. Subsequently the third petitioner initiated disciplinary proceedings and passed final orders on 20.5.1999 reverting the applicant-first respondent to the post of Junior Assistant and posted him to Government Junior College, Maripeda and he was relieved by the Principal at Mulugu on 22.5.2009. It is also on record, that the applicant-first respondent was not permitted to join duty at the place where he was transferred, there by there was a gap from the date of relief till the date of joining. Therefore, the applicant is entitled to get the period treated as compulsory wait from 26.10.1997 to 19.3.1998 and the Tribunal directed the petitioners herein to treat the said period as compulsory wait and pay salary in the category of Senior Assistant, which in our opinion is quite legal and needs no interference by this Court. As far as the period from 23.5.1999 to 27.1.2000 is concerned, the Tribunal directed the petitioners herein to treat the applicant as Senior Assistant. As stated above, the third petitioner herein issued proceedings dated 4.3.1999 reverting the applicant-first respondent herein as Junior Assistant permanently on the ground of certain allegations and transferred him from Government Junior College, Mulugu to Marripeda. Therefore, the order passed by the Tribunal is modified to the extent that the petitioners are directed to verify the records and if the salary is not paid to the applicant-first respondent, pay the salary, pension as per his entitlement with all monitory benefits as Junior Assistant from 23.5.1999 to 27.1.2000 viz., from the date of reversion to the date of allowing him to duty. With the above modification, the Writ Petition is allowed in part. There shall be no order as to costs. ________________________ GHULAM MOHAMMED, J _______________________ P. SWAROOP EDDY, J DATE: 08.11.2010 KA ... REGISTRAR // TRUE COPY // SECTION OFFICER To 1. 2 CD copies.