THE HON'BLE SRI JUSTICE GHULAM MOHAMMED and THE HON'BLE SRI JUSTICE K.G.SHANKAR WRIT PETITION No.20135 of 2011 ORDER: (per Hon’ble Sri Justice Ghulam Mohammed) This Writ Petition is filed by the Medak Municipality against the order of the Andhra Pradesh Administrative Tribunal, Hyderabad in O.A.No.8556 of 2010 dated 01.02.2011, whereby the petitioner-Municipality were directed to release the salaries, attached to the post of Public Health Worker, with effect from the date of the appointment of the first respondent and further directed that the payment of the salaries shall be ensued within a period of three months from the date of receipt of a copy of the order. The first respondent–applicant filed an application, under Section 19 of the Administrative Tribunal Act, 1985, before the Administrative Tribunal, Hyderabad questioning the action of the petitioner-Municipality in not paying him salaries either through Treasury under 010 Account Head or from the Municipal funds despite he being appointed on regular basis. Facts, in brief, are that the father of the first respondent- applicant was appointed as NMR; his services were regularised as Non-Public Health Worker in 1991; and, he died in harness on 14.05.2005. On the representation of the first respondent seeking appointment on compassionate grounds, the panel committee of the Municipality, vide resolution No.3, dated 24.04.2008, resolved to appoint him on compassionate grounds and he was appointed as Public Health Worker in the vacancy of his father on 24.04.2008. Before the Tribunal, the first respondent-applicant contended that, ever since his appointment, he was not being paid salary on the ground that his appointment was not approved by the Government though he was discharging his duties regularly. The Tribunal relied on a Division Bench judgment of this Court in W.P.No.26580 of 2005 to hold that the Municipality has got power, being an independent authority, to appoint his own employees; the question of seeking any permission from the Government for regularisation of services of the employees under G.O.Ms.No.212 dated 22.04.1994 would not arise; the respondents therein could not deny the regular salary attached to the post of Non-Public Health Worker; and directed to accord the regular scale of pay attached to the post of Non-Public Health Worker to the applicant therein from 01.03.1989 and release the monetary benefits from the institution of O.A. i.e July, 2005. The Tribunal, observing that the case of the first respondent-applicant is similar to the applicant in the aforesaid order, held that it was wholly unnecessary for the Municipality to seek approval from the Commissioner and Director of Municipal Administration as the local authority is the final authority under Sections 73 and 74 of the A.P. Municipalities Act (for short ‘the Act’); and directed the petitioner-Municipality to release the salaries attached to the post of Public Health Worker with effect from the date of the appointment of the first respondent. Hence the Writ Petition. Before this Court, learned Government Pleader for Municipal Administration would contend that as the first respondent-applicant was appointed on compassionate grounds, his appointment must be ratified by the Government; and as the proposals are pending with the Government for ratification, soon after the receipt of ratification, the process of payment of salaries to the first respondent would be undertaken by the petitioner-Municipality. The Tribunal, relying on the Division Bench judgment of this Court in W.P.No.26580 of 2005, having held that there was no need for the Municipality to seek approval from the Commissioner and Director Municipal Administration as the local authority being the final authority under Sections 73 and 74 of the Act, directed the petitioner-Municipality to release the salaries attached to the post of Public Health Worker with effect from the date of the appointment of the first respondent. Hence, we do not find any infirmity in the order passed by the Tribunal. The Writ Petition fails and is, accordingly, dismissed. In the circumstances without costs. GHULAM MOHAMMED,J K.G.SHANKAR,J Dt:19.07.2011 Usd