IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE SEVENTH DAY OF JUNE TWO THOUSAND AND ELEVEN PRESENT THE HON'BLE SRI JUSTICE K.C.BHANU WRIT PETITION NO. 14797 of 2011 Between: Md.Riaz Ahmed …PETITIONER AND The District Educational Officer and another ....RESPONDENTS The Court made the following : THE HON'BLE SRI JUSTICE K.C.BHANU WRIT PETITION NO. 14797 of 2011 O R D E R: This writ petition is filed to declare the action of the respondents in not considering the representation, dated 07.10.2010, made by the petitioner for grant of arrears of 50% salary for a period of six months from March, 2007 to September, 2007 and 25% of salary from September 2007 to September 2010, as illegal and consequently, direct the respondents to pay the salary of the petitioner during the period of suspension. For claiming a direction or a writ in the nature of Mandamus, there should be some right infringed by the authority. Unless the petitioner’s suspension period is treated as a period spent on duty, he is not entitled to claim 50% or 25% of the salary. The petitioner has not produced any document to show that the disciplinary authority has treated the suspension period as spent on duty. So, in the absence of any such order by the disciplinary authority, the question of issuing of writ of Mandamus does not arise. Hence, the Writ Petition is dismissed giving liberty to the petitioner to approach the disciplinary authority to seek the suspension period as spent on duty. There shall be no order as to costs. _______________ K.C.BHANU, J JUNE 07, 2011 YVL