✦ High Court of India · 06 Jan 2025

1. Dr. S. Prabhakara Rao v. 1. The State of Telangana

Case Details High Court of India · 06 Jan 2025
Court
High Court of India
Decided
06 Jan 2025
Length
1,102 words

Petition under Article 226 of the Constitution of lndia praying that in the circumstances state:d in the affidavit filed therewith, the High Court may be pleased to issue the writ, order or orders, specifically one in the nature of writ of Mandamus declaring the action the respondents in not implementing the order, dt.16-05-2012 in o.A.No.3597 of 2012, of the Andhra pradesh, Administrative Tribunal at Hyderabad, as illegal, arbitrary, contrary to the provisions of the Andhra Pradesh Adrninistrative Tribunal Act , '19g5 and also the provisions of the Andhra Pradesh Revised Pension Rules, 1g80, etc. and consequenily direct the respondents to imp ement the order, dated 16-05-2012, in O.A. No. 35g7 of 2012, on the file of Andhra Pradesh, Administrative Tribunal ar Hyderabad by treating the period 01'temporary service rendered by the petitionei-s from the date of their initial appoirtment till the date on which their servicgs were regularised as qualifying service for calcutating their pension and also for granting g/16 years scales under autornatic Advancement scheme as was confirmecl in the w.p. No. 2069112012 and batr:h (including writ petition 2108612012) dated 20.11.201g by the Hon'ble High 13:urt of A.p. and also Hon'bre supreme 0,:urt in sLp(c) No.1 1808-1 180912Ct21 on 18.1 1 .2022. lA NO: 1 OF 2025 Petition unde,r 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, dt 16-05-2012, in c).A.No. 35g7 of 2012, ol the Andhra Pradesh Administrative Tribunal at Hyderabad, pending disposal of the abo!,e writ petition. Counsel for the Petitioners: SRI NUTHALAPATT KRISHNA MURTHY Counsel for the Respondent nos.: Gp FOR MEDICAL AND HEALTH The Court made the following: ORDER THE HON'BLE SRI JUSTICE ABHINAND KUMAR STIAVILI AND THE HON'BLE SRI JUSTICE LAXMI NARAYANA ALISHETTY trIrit Petition No.11 a of2025 ORDER: (Per the Hon'ble Sn Justice Abr.ir.a d Kumar Shauili) Aggrieved by non-compliance of the order, dated

16.05.2012, passed in O.A.No.3597 of 2Ol2 by the Andhra Pradesh Administrative Tribunal, Hyderabad (for short, 'the Tribunal), the present Writ Petition is filed. t

2. Heard Sri N. Krishna Murthy, learned counsel appearing for the petitioners and the learned Government Pleader appearing for the respondents. 3. Learned counsel for the petitioners had further contended that they have filed O.A.No'3597 of 2Ol2 before the Tribunal, claiming to count the services rendered by the petitioners, for the purpose of Special Grade sanction of 8/16 years under Automatic Advancement scheme and the Tribunal was pleased to allow the said O'A' uide order' dated 16.05.2012. Aggrieved by the orders passed by the Tribunal' the State has filed W.P.No.21O86 of 2Ol2 and batch and the Division Bench of this Court was pleased to dismiss the Writ Petitions confirming the orders passed by the Tribunal urde common order, dated 20.11.2O1B. Challenging ttre common z ?1,KS,J & LNA,J \rp Ir8 2025 order passecl by the Division Bench of this Court, the State has carried the matter to the Honourable Supreme Court by filing S.L.P.ltlo.11808-11809 of 2O2l and the Honourable Supreme Corrrt was pleased to dismiss the S.L.p ui.de order, dated 18.11 2022. In spite of the orders being r:onfirmed right up to the Honourable Supreme Court, the respondents are not implementing the order, dated 16.05.20 12 passed by the Tribunal in O.A.No.3597 of 2072. Therefore, appropriate orders be passed in the Writ Petition by direr:ting the respondents to implement the order, dated 1O.OS.2O12 passed by the Tribunal in O.A.No.359Z of 2Ol2 and allow the Writ PetitiorL.

4. On ttre other hand, learned Government pteader appearing fcrr the respondents had contended that since, the orders passccl by the Tribunal have been confirmed right up to the Hono-urable Supreme Court, some reasonablc time be granted to irnplement the order, dated 16.O5.20 l2 passed in O.A.No.3597 of 2Ol2 by the Tribunal. 5. This Court, having considered the rival sutrrnissions made by both the parties, is of the view that the present Writ Petition can be disposed of directing the responrlents to implement t-Lre order, dated 16.OS.2O12 passed b_y the 3 AKS,J & LNA,J wp ll8 2025 Tribunal in O.A.No.3597 of 2012, AS expeditiously AS possible, preferably, within a period of four (4) moths from the date of receipt of copy of this order.

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 COPYII MAJI SD/. K. ASSISTANT RE STRAR SECTION OFFICER Telangana State. The StatebfTelanganb, Telangana State'

1. The Principal Secretary, Medical and Health Dept'' Secretariat' Hyderabad' ' 2. The Director, Departrnent of AYUSH' ttilarket Street' Secunderabad' 3. The Principal Secretary' The State of Andhra Pradesh' Medical and Health " D,ei;,il;;t" s-"cr"iiii6i, Amaravathi, Andhra Pradesh' 4. One CC to Sri Nuthalapati Krishna Murthy' Advocate IOPUC] 5. Two CCs to GP for Medical and Health' High Court for the State of -' 6. Two CD CoPies Telangana, at HYderabad [OUT] To, TJ GJP HIGH COURT' DATED:0610112025 ORDER WP.No.118 of 2025 t irAr t- I ^.. -'-. a // DISPOSING CIF THE WRIT PETITION WITHOUT COSTS

This is the original judgment text as indexed from the source corpus. Always verify against the official court record before relying on it in a filing — you can do so on eCourts or the Supreme Court of India website. ← Search more judgments