HON'BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION No.1280 of 2000 ORDER: The relief sought for in this writ petition is to declare the action of the respondents in not paying the petitioner’s salary, after his reinstatement into service, as arbitrary and illegal. The petitioner seeks a consequential direction that he be paid salary and arrears with effect from 12.04.1999, (i.e. when he was reinstated into service), as per the pay fixation approved by the 1st respondent in his proceedings dated 13.01.2000. The petitioner is a junior lecturer in the 2nd respondent junior college which receives aid from the Government. On the ground that he was under custody for more than 48 hours, the petitioner was placed under suspension by the 2nd respondent vide proceedings dated 18.04.1977. The petitioner was subsequently reinstated into duty on 09.04.1999 as the enquiry was not completed as stipulated under Section 79(3) of the A.P. Education Act. Thereafter, the 2nd respondent college addressed a letter dated 10.01.2000 to the 1st respondent informing that the pay fixation proposals of the petitioner, for the period he was under suspension from 10.04.1997 to 09.04.1999, was being forwarded for approval along with the Local Fund Audit report. Soon thereafter the 1st respondent, vide proceedings dated 13.01.2000 approved the pay fixation statement along with the service registers of the petitioners. The Supplementary Annual Salary Statement for the year 1999-2000, and arrears statements received with the fixation proposals were furnished to the concerned sections for necessary action. Thereafter, vide proceedings dated 17.01.2000, the 2nd respondent was called upon to furnish certain documents in relation to the charge memo issued to the petitioner, including the enquiry report, reinstatement orders, salary paid to him, the manner in which the suspension period was treated etc. The 2nd respondent, vide letter dated 18.01.2000, submitted its comments to the 1st respondent requesting approval of the annual pay statement and for orders to be communicated. On the ground that he was denied salary, and was being continued to be paid subsistence allowance even after his reinstatement, the petitioner invoked the jurisdiction of this Court. This Court, by order in W.P.M.P. No.1619 of 2000 dated 27.03.2000, directed the respondents to pay him salary in the scale of pay of junior lecturer as approved by the 1st respondent. Pursuant to the interim orders passed by this Court, the petitioner was paid regular pay scales from 27.03.2000 onwards. His claim for payment of arrears of salary is for the period from 12.04.1999 (when he was reinstated into duty) till 27.03.2000 from which date he was paid regular pay scales pursuant to the interim orders passed by this Court. As noted herein above, it was only pursuant to the letter addressed by the 2nd respondent on 10.01.2000 that the 1st respondent fixed the petitioner’s pay vide his proceedings dated 13.01.2000. The Government is, therefore, required to pay the petitioner arrears of salary for the period from 13.01.2000 till 27.03.2000. For the period anterior to 13.01.2000, the petitioner’s claim for payment of differential salary can only lie to the 2nd respondent, and not to the Government or the 1st respondent herein. I consider it appropriate in such circumstances to dispose of the writ petition directing the 1st respondent to pay the petitioner the differential salary for the period from 13.01.2000 till 27.03.2000 within a period of three months from the date of receipt of a copy of this order. With regards his claim for payment of differential salary for the period from 12.04.1999 till 13.01.2000, it is open to the petitioner to make a claim to the 2nd respondent who shall, in case such a representation is filed, consider the same in accordance with law and take a decision thereupon within a period of three months from the date of receipt of a copy of the order. The Writ Petition is disposed of accordingly. No costs. ____________________________ RAMESH RANGANATHAN, J Date: 29.07.2010 MRKR