THE HON’BLE SRI JUSTICE V.V.S.RAO AND THE HON’BLE SRI JUSTICE K.G.SHANKAR WRIT PETITION NO.27720 OF 2011 ORDER: (Per the Hon’ble Sri Justice V.V.S.Rao) The first respondent, to begin with, was a Secondary Grade Teacher in Phirangipuram Panchayat Samithi. The school at Paladugu was taken over by Abhyudaya School Samithi. While he was working there, he went on medical leave from 01.07.1981 to 24.09.1981. After expiry of the leave, he reported for duty. However, there was a lapse of three months 17 days in giving the orders on 10.01.1982 posting him as a Secondary Grade Teacher. After working for a period of about seven months, he suffered ill health. He was on medical leave from 16.08.1982 to 15.10.1982. When he reported for duty after availing the leave, he was not given the posting orders. The Abhyudaya Schools were abolished. The school where the first respondent was working was handed over to Phirangipuram Panchayat Samithi. While doing so the first respondent’s name was not included in the list of teachers transferred to Panchayat Samithi. Whatever be the reason, ultimately, the petitioner was given posting orders on 27.05.1986 after a lapse of three years eight months. He then represented to treat the period as a compulsory wait as on duty under FR 9 (6) and subsidiary Rule 13 of the Fundamental Rules. When his request was not accepted, he filed O.A.No.6504 of 2008. The same was contested by the petitioners herein. Overruling the objections of the petitioners, by impugned order dated 19.10.2010 the learned Andhra Pradesh Administrative Tribunal allowed the O.A. After a lapse of about one year, the present Writ Petition is filed assailing the order of the learned Tribunal. The Government Pleader for Services-I vehemently contends that the first respondent was continued to be on medical leave from 16.08.1982 to 15.10.1982 and there was some delay in issuing posting orders as his name was not included in the list of teachers transferred from Abhyudaya Schools to Panchayat Samithi. Alternatively, he would submit that even if the period is treated as compulsory wait, the same cannot be counted as eligible pensionable service. Per contra the counsel for the first respondent/caveator would submit that the learned Tribunal recorded a finding that the teacher reported to duty on 12.10.2002 after availing medical leave for the second time and the finding of fact does not require any interference. We have thoroughly perused the original application, counter affidavit filed by the District Education Officer, Guntur, and the order of the learned Tribunal. The Tribunal correctly appreciated the facts and applied the law correctly. The order does not suffer any error, much less grave error apparent on the face of the record. There is no dispute that the first respondent in the first instance was given posting orders after lapse of three months seven days and again after availing medical leave and reporting for duty, the petitioners herein took three years eight months for issuing posting orders. Therefore, treating the gap period as compulsory wait is not against the requirement of law. We do not find any reason to interfere with the well considered order the learned Tribunal. The Writ Petition is dismissed. There shall be no order as to costs. _______________ (V.V.S.RAO, J) ___________________ (K.G.SHANKAR, J) 11th October 2011 RRB