IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE FIRST DAY OF AUGUST, TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION NO : 16738 of 2008 Between: 1 The Deputy Director of Social Welfare, Nalgonda, Nalgonda District. 2 The Commissioner of Social Welfare, A.P. Hyderabad. 3 The Government of Andhra Pradesh, Rep. by its Principal Secretary to Social Welfare Department, Secretariat Buildings, Hyderabad. ..... PETITIONER(S) AND J. Kamalamma Wo. J. Sathaiah Suryapet, Nalgonda District. .....RESPONDENT 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 issue order or direction more particularly one in the nature of "writ of Certiorari" calling for the records relating to the orders of the Hon'ble A.P. Admn,. Tribunal , Hyderabad passed in O.A.No. 5903/2001 dt. 7-9-2004 & M.A. No. 93/2008 dt. 24-3-2008 as being erroneous, illegal, and unreasonable and quash the same and pass Counsel for the Petitioner:GP FOR SERVICES II Counsel for the Respondent No.: . The Court made the following : THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION No : 16738 of 2008 ORDER: (per GHULAM MOHAMMED, J) This writ petition is ﬁled for a writ of Certiorari calling for the records relating to order dated 07-09-2004 in O.A.No.5903 of 2001 and order dated 24-03-2008 in M.A.No.93 of 2008 in O.A.No.5903 of 2001 on the file of the Andhra Pradesh Administrative Tribunal, Hyderabad (for short “the Tribunal”) and quash the same. 2. The respondent herein ﬁled O.A.No.5903 of 2001 seeking a direction to the ﬁrst petitioner to pay the salary from July,1999 to 06-07-2001 under compulsory wait, along with interest. It is her case that on her request she was posted at Social Welfare Girls Hostel (A), Suryapet on 2-9-1998. Thereafter, one Smt.G.Bikshamma, who was working at Government Social Welfare Boys Hostel, Atmakur, was transferred and posted in the place of the respondent on 7-5-1999. However, the said orders were cancelled on 8-6-1999 for administrative reasons. Questioning the cancellation orders, the said Smt.G.Bikshamma ﬁled O.A.No.4351 of 1999. While the matter stood thus, the cancellation orders were modiﬁed by the ﬁrst petitioner through proceedings No.B1/1434/98, dated 15-7-1999 retaining the respondent in Government Social Welfare Girls Hostel (A), Suryapet and posting Smt.G. Bikshamma at Government Social Welfare Girls Hostel (C), Suryapet, in the existing vacancy. O.A.No.4351 of 1999 ﬁled by Smt.G.Bikshamma was disposed of on 16-7-1999 directing her to ﬁle an appeal before the Director of Social Welfare against the cancellation orders dated 8-6- 1999 and till the disposal of the appeal, she was directed to be continued at Suryapet . 3. The respondent ﬁled O.A.No.4677 of 1999 seeking implementation of the orders issued by the ﬁrst petitioner dated 15-7-1999 retaining her at Government Social Welfare Girls Hostel (A), Suryapet. The Tribunal, while disposing of the said O.A. on 29-7-1999 directed the respondent to ﬁle review application in O.A.No.4351 of 1999. Accordingly, the respondent ﬁled review M.A.No.2081 of 1999 in O.A.No.No.4351 of 1999 and the review M.A was disposed of by order dated 16-5-2001 directing the oﬃcial respondents therein to adjust the Review Applicant as well as Smt. G.Bikshamma at Suryapet in the vacancies available by passing fresh orders. Thereupon, the petitioner issued oﬃce order No.B1/1434/98, dated 2-7-2001 posting the respondent at Government Social Welfare Girls Hostel (B), Suryapet. In pursuance of the said orders, she joined duty on 7-7-2001. The grievance of the respondent seem to be that she was denied the salary from July,1999 till 6-7-2001 for no fault of her. 4. The Tribunal considered and found that neither the respondent nor the said Smt.G.Bikshamma was posted in the original post occupied by the respondent at Social Welfare Girls Hostel (A), Suryapet and so, it is not on account of any lapse on the part of the respondent she was not paid salary, but was on account of issuing orders of transfer and cancellation of the same and posting Smt. G.Bikshamma in the respondent’s place, which were challenged by Smt.G. Bikshamma and all this confusion had arisen and she was not paid salary. Hence, the petitioner was directed to pay salary to the respondent for the period commencing from July,1999 to 6-7-2001 and count the said period for the purpose of seniority and extend her all other consequential beneﬁts. Consequently, the respondent ﬁled M.A.No.93 of 2008 seeking to implement the orders dated 07-09-2004 in O.A.No.5903 of 2001 and that was also disposed of directing the respondents 1 to 3 therein to implement the orders forthwith, without fail, and without any scope for further complaint from the applicant therein. 5. We have perused the orders passed in O.A.No. 5903 of 2001 and M.A.No.93 of 2008 and the ﬁndings of the Tribunal giving cogent and convincing reasons directing the petitioner to pay salary to the respondent for the period from July,1999 to 6-7-2001 and counting the said period for the purpose of seniority and extending all consequential beneﬁts. The Tribunal has rightly held that it was not on account of any lapse on the part of the respondent she was not paid salary, but was on account of issuing orders of transfer and cancellation of the same and posting Smt.G.Bikshamma in the respondent’s place, which were challenged by Smt. G.Bikshamma, all this confusion had arisen and the respondent had not joined on account of Smt.G. Bikshamma’s transfer in her place. 6. In the circumstances, we do not ﬁnd any legal inﬁrmity in the order passed by the Tribunal so as to call for any interference under Article 226 of the Constitution of India and the writ petition is liable to be dismissed. 7. The writ petition, is accordingly, dismissed and the petitioners are granted four weeks’ time to implement the order dated 07-09-2004. No order as to costs. ______________________ GHULAM MOHAMMED,J ​ _____________ C.V.RAMULU, J 01-08-2008 Stp ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{VSMI}