Dr. B. Ramakrishna v. Health Dept

Petition under Article 226 of the Congtitution of lndia praying that in the circumstances stated in the affidavit filed fherewith, the High court may be pleased to issue writ, order or orders, specifically one in the nature of writ of Mandamus declaring the action the respondEnts in not implementing the order, dated 30-05-2012 in o.A.No. 8293 of 2010, of the Andhra pradesh, Administrative Tribunal at Hyderabad, as illegal, arbitrary, contrary to the Provisions of the Andhra Pradesh Administrative Tribunal Act, 19g5 and also the provisions of the Andhra pradesh Revise( pension Rules, 19g0, etc. and consequently direct the respondents to imprgment the order , dt,30-05-2012, in O.A. No. 8293 of 2O10, on the file of Andhra pradesh, Administrative Tribunal at Hyderabad by treating the period of temporary service rendered by the petitioner from the date of his initial appointment till the date on whrlch his services were regularised as qualifying service for calculating his pension and also for granting B/16 years scales under automatic Advancement Scheme as was confirmed in the W.P. No. 20691/2012 and batch (including Writ Petition 2108G12012) daled

20.11.2018 by the Honble High Court of A.P. and also Honble Supreme Court in SLP(C) No.1 1808-1 180912021 on 18.11.2022. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents to implement the order, dated 30-05-2012, in O.A.No. 8293 of 2010, of the Andhra Pradesh Administrative Tr bunal at Hyderabad, pending disposal of the above writ petition. Counsel for the Petitioner: SRI N.KRISHNA MURTHY Counsel for the Respondent No.1 & 2: SRI S.SAWANARA YANA, GP FOR SERVICES.I Counsel for the Respondent No.3: SRI B.RAJESHWAR REDDY, GP FOR THE STATE OF AP The Court made the following: ORDER THE HON'BLE SRI JUSTI E P.SAM KOSI{Y AND THE HON'BLE SRI JUSTICE NARSING RAO NANDIKONDA WRIT PETITION No.1672AOF 2o25 ORDER: @er Hon'bte Sri Justita P.Sam Koshg) Heard Mr.N.Krishna Mufthy, Mr.S.Satyanaraya, Iearned Government Pleader for Services-I appearing for respondent Nos. 1 & 2 and Mr.B.Rajeshwar Reddy, learned Government Pleader for the State of Andhra Pradesh appearing for respondent No.3. Pefused the record. 2 Aggrieved by non-compliance of the order, dated 3O.O5.2O12, passed in O.A.No.8293 of 2O1O by the Andhra Pradesh Administrative Tribunal, Hyderabad (for short, the Tribunal'), the present Writ Petition is filed.

3. learned counsel for the petitioner contended that the petitioner has filed O.A.No.8293 of 201O before the Tribunal, claiming to count the services rendered by the petitioner, for the purpose of Special Grade salction of 8/ 16 years under Automatic Advancement scheme and the Tribunal was pleased to allow the said O.A. uide order, Page2 of 4 dated 3O.05.2012. Aggneved by the orders p'assed by the Tribunal, the State has Iiled W.P'No.20697 of 2Ol2 and batch the Division Bench of this Court wzLs pleased to dismiss the Writ Petitions confrrming the ordr:rs passed by the Tribunal uid.e com;rlr,on order, dated 2O'll'2O18' Challenging the common order passed by the Division Bench of this Court, the State has carried the matter to the Honourable Supreme Court by filing S.L.P.No 1 1808- 1 1809 of 2O2l and the Honourable Supreme Court ruas pleased to dismiss the S.L.P wde order, dated 18.11.20'22' In spite of the orders being confirmed right up to the Honourable Supreme Court, the respondents are not implementing the order, dated 30.05.2012 passed by the Tribunal in O.A.No.8293 of 201O. Therefore, approprizrte orders be passed in the Writ Petition by directing the respondents to implement the order, dated 30.05.2O12 passed by the Tribunal in O.A.No.8293 of 2010 and allow the Writ Petition.

4. On the other hand, learned Government Pleader appearing for the respondents had contended that since, the orders passed by the Tribunal trave been conhrmed I t I Page 3 of4 right up to the Honourable Supreme Court, some reasonable time be granted to implement the order, dated

30.O5.2O12 passed in O.A.No.8293 of 20lO by the Tribunal. 5 This Court, having considered the rival submissions made by both the parties, is of the view that the present Writ Petition can be disposed of directing the respondents to implement the order, dated 30.05.2012 passed by the Tribunal in O;A.No.8293 of 2O1O, AS expeditiously as possible, preferably, within a period of three (3) moths from the date of receipt of copy of this order. In the event, the aforesaid payment not being made within a period of three months fpom the date of receipt of copy of this order, the entire arrears of payment sha-ll be paid along with interest @ 9o/o per annum from the date of passing of the order by the Tribunal in O.A.No.8293 of 201O, i.e., from 30.05.2012. 6 With the above observations/directions, the Writ Petition is disposed of. No order as to costs. \ 7 As a sequel, miscellaneous applications pending if any, shall stand closed. //TRUE COPY// SD/- B.REKHA RANI ASSIST NT REGISTRAR ECTION OFFICER To, '1 . The Principal Secretary, Medical and Health Dept., Secretariat, Hyderabad, Telangana State.

2. The Director, Telangana State Department of AYUSH, Market Street, Secunderabad,

3. The Principal Secretary, Medical and Health Department, Secretariat, Amaravathi, Andhra Pradesh, State of Andhra Pradesh 4. One CC to SRI N.KRISHNA MURTHY Advocate [OPUC] 5. Two CCs to GP FOR SERVICES-|,High Court for the State of Telangana at Hyderabad [OUT] 6 Two CCs to SRI B.RAJESHWAR REDDY, GP FOR THE STATE OF AP, High Court for the State of Telangana at Hyderabad [OUT]

7. Two CD Copies BSR PSK LV I I r* HIGH COURT DATED:1110612025 {iYl;- 'j #iiE (:n a <) rscrt 1t6 * -a'_! ORDER WP.No.15728 ot 2025 DISPOSING OF THE WRIT PETITION, WITHOUT COSTS \\ 1 % q T,D