IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE SECOND DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SMT JUSTICE T.MEENA KUMARI and THE HON'BLE SRI JUSTICE S. ASHOK KUMAR WRIT PETITION NO : 26168 of 2006 Between: 1 The State of A.P., rep by its Principal Secretary to Government, Secretariat, Hyderabad 2 The Commissioner of Prohibition & Excise, Andhra Pradesh, Hyderabad. 3 Deputy Commissioner of Prohibition & Excise, Hyderabad Division. 4 Assistant Commissioner of Distilleries, Hyderabad. ..... PETITIONERS AND P. Anjaiah S/o Late Chandraiah Plot No. 6, Gautamnagar, Dilsukhnagar, Hyderabad. .....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 an order or direction or a writ particularly one in the nature of Writ of Certiorari calling for the records relating to the order of the Hon'ble Andhra Pradesh Administrative Tribunal dated 19- 10-2006 in O.A. No. 1773 of 2005 and to quash the same and to pass such other order or orders as this Hon'ble Court may deem fit and proper. Counsel for the Petitioner:GP FOR SERVICES II Counsel for the Respondent : SRI P. NAVEEN RAO. The Court made the following : . THE HON'BLE SMT. JUSTICE T.MEENA KUMARI & THE HON'BLE SRI. JUSTICE S.ASHOK KUMAR WRIT PETITION NO :26168 of 2006 ORDER: (Per the Honourable Smt. Justice T.Meena Kumari) This writ petition is filed by the petitioner seeking to set aside the order passed in O.A.No:1773 OF 2005 on 19.10.2006 by the A.P. Administrative Tribunal. The respondent herein is the applicant and he has filed the present O.A. seeking to direct the respondents-writ petitioners to pay the salary and allowances payable to him from 24.7.1997 to 30.8.2004 with interest at 10% p.a. from the date of accrual till the date of payment. The tribunal having observed that the suspension orders of the applicant were set aside by the tribunal in O.A.No:4719 of 1997 and on the said orders, the respondents-writ petitioners have not passed any consequential orders and the applicant is not responsible for such a delay on the part of the respondents-writ petitioners and having relied on the principles laid down by the Apex Court reported in JAGADAMBA PRASAD SHUKLA V. STATE OF U.P. ([1]) and ANWARUNNISHA KHATOON V. STATE OF BIHAR ([2]) wherein it is held that a suspended employee is entitled to subsistence allowance as a relationship of employer-employee subsists and having further observed that the respondents-writ petitioners have refused to pay the enhanced amount of subsistence allowance from 1.4.2002 to 23.2.2004 on the ground that the applicant has not produced the non employment certificate and it is no where stated that such certificate is demanded by the respondents-writ petitioners, allowed the O.A directing the respondents-writ petitioners to release the subsistence allowance with effect from 1.4.2002 to 23.2.2004 with interest of 8% p.a. Having aggrieved by the same, the present writ petition is filed by the respondents. Heard the learned G.P. and perused the material available on record as well as the order impugned. Before going into the merits of the case, it is pertinent to note that the order of the tribunal is solely based on the principles laid down by the Apex Court in the decisions (citations-1 and 2 supra). Apart from that, there is also dispute as to the order passed in O.A.4719 of 1997, dated 1.8.1997 setting aside the suspension orders. In this regard, the tribunal is justified in holding that consequent to the orders passed in O.A.No:4719 of 1997, the respondents-writ petitioners have not passed any orders and therefore, the applicant cannot be made responsible for the same. In the present facts and circumstances of the case and in view of the principles laid down by the Apex Court in the above decisions (citations-1 and 2 supra), without expressing any opinion on the merits of the case, We feel it appropriate to direct the applicant to produce the non-employment certificate within a period of two weeks from the date of receipt of a copy of this order. It is needless to observe that after production of such certification, the order of the tribunal shall be complied with. Subject to the above modification, the writ petition is disposed of. No order as to costs. _______________________ Justice T.Meena Kumari ______________________ Justice S.Ashok Kumar Dated:02.04.2008 Gurc/nn THE HON'BLE SMT. JUSTICE T.MEENA KUMARI & THE HON'BLE SRI. JUSTICE S.ASHOK KUMAR WRIT PETITION NO :26168 of 2006 (Division Bench Order delivered by the Honourable Smt. Justice T.Meena Kumari) 02/04/2008 [1] (2000) 7 Supreme Court Cases 90 [2] (2002) 6 Supreme Court Cases 703