HON’BLE SRI JUSTICE GHULAM MOHAMMED AND HON’BLE SRI JUSTICE G.BHAVANI PRASAD WRIT PETITION No.1304 of 2007 ORDER: (Per Hon’ble Sri Justice Ghulam Mohammed) This writ petition is ﬁled seeking to quash the order dated 27-11-2006 passed in O.A.No.6011 of 2006 on the file of Andhra Pradesh Administrative Tribunal, Hyderabad. 2. The details necessary for deciding this writ petition are that the respondent herein ﬁled the above O.A. seeking direction to the petitioners to ﬁx his pay in 16 Years Special Promotion Post Scale, 24 year special increment and the Revised Pay Scale of 2005 and also pay the subsistence allowance, basing on the said ﬁxation of pay. The respondent, while working as Assistant Engineer in Irrigation Department was placed under suspension on 04-02-1989, which was later set aside by the Tribunal and he was removed from service vide G.O.Ms.No.319, dated 29-07- 1991. The respondent challenged the removal order, which was set aside by the Tribunal, but liberty was given to the petitioners to take suitable action in accordance with the provisions of A.P.C.S. (Disciplinary Proceedings Tribunal) Act, 1960. 3. The Government have issued G.O.Rt.No.1209, dated 03-11-2001 placing the respondent under suspension under Rule 8(4) of A.P.C.S. (CC & A) Rules and the matter was entrusted to the Tribunal for Disciplinary Proceedings for conducting the enquiry. Thereafter, the respondent ﬁled O.A.No.1375 of 2002, which was disposed of directing the petitioners to pay the arrears of salary for the period 03-02- 1989 to 31-09-1989 by adjusting the subsistence allowance. The respondent stated that as the periodical increments were not directed to be paid, he ﬁled Review M.A.No.2798 of 2003, which was disposed of directing the petitioners to pay subsistence allowance, by taking into account the annual grade increments and Revised Pay Scales of 1993, 1996 and 1999, and the same was challenged in Writ Petition No.6617 of 2004, which was dismissed. It is averred that the Government preferred SLP before the Hon’ble Supreme Court of India and the same is pending. The Tribunal after considering the rival contentions, directed the petitioners to ﬁx the pay of the respondent in the 16-year Special Promotion Post scale and 24 year increment and also ﬁx his pay in the Revised Pay Scales of 2005 as it was stated that he was reinstated into service. 4. It is not disputed that the respondent had put in 16 and 24 years of incremental service and he is also qualiﬁed to hold the post of Deputy Executive Engineer. As against order of the Tribunal in Rev.M.A.No.2798 of 2003 directing the petitioners to pay the subsistence allowance by taking into account the annual grade increments and Revised Pay Scales of 1993, 1996 and 1999, the writ petition being W.P.No.6617 of 2004 ﬁled by the petitioners was dismissed conﬁrming the order of the Tribunal. It is brought to our notice that SLP No.5165 of 2005 is ﬁled before the Hon’ble Supreme Court, against the order in the said writ petition and the same is pending. The ground on which the respondent was not given the Revised Pay Scale of 2005 is that S.L.P. before the Supreme Court and the proceedings before the Tribunal for Disciplinary proceedings are pending. 5. At this stage, learned counsel appearing for the respondent, Sri J.R.Manohar Rao, submits that the SLP was dismissed as withdrawn, and his submission is recorded. If that be so, the order passed by this Court in W.P.No.6617 of 2004 shall stand conﬁrmed. However, it is not disputed that the enquiry before the Tribunal for Disciplinary Proceedings, is pending. 6. In view of the fact the matter is pending before the Tribunal for Disciplinary Proceedings and no ﬁnal decision is rendered, we are not inclined to interfere at this stage. However, the ﬁxation of pay of the petitioner in the Revised Pay Scales of 2005 will be subject to the result of the SLP, which is stated to have been dismissed as withdrawn, but no such order is produced before us, and the enquiry before Tribunal for Disciplinary Proceedings. 7. Subject to above, the writ petition is disposed of. No order as to costs. ___________________________ GHULAM MOHAMMED, J. _________________________ G.BHAVANI PRASAD, J. 15-10-2008 bsc IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE FIFTEENTH DAY OF OCTOBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE G.BHAVANI PRASAD WRIT PETITION NO : 1304 of 2007 Between: 1 The Executive Engineer, Dam Maintenance Division (B&R Division Merged with Dam Maintenance Division) 2 The Chief Engineer, Nagarjunasagar Project, Hill Colony, Nalgonda District. 3 State of A.P., Rep. by the Principal Secretary, to Government, Irrigation and C.A.D. Department, ..... PETITIONER(S) AND M. Gopala Rao S/o. Venkata Krishnaiah, O/o. Chief Engineer, Nagarjunasagar Project, Hill Colony,. 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 to issue a writ, order or a direction more particularly one in the nature of writ of certiorari, calling for the records relating to the orders of the A.P. Administrative Tribunal passed in OA No. 6011 of 2006 dt. 27-11-2006 as being erroneous, illegal, and unreasonable and quash the same and pass such other order or orders as this Hon'ble Court may deem ﬁt and proper in the circumstances of the case. Counsel for the Petitioner:GP FOR SERVICES II Counsel for the Respondent No.: MR.J.R.MANOHAR RAO The Court made the following :