D.Shyam Sunder, v. The State Of Telangana,
The Hon'ble Sri Justice C.V.Nagarjuna Reddy and The Hon'ble Smt. Justice Kongara Vijaya Lakshmi Writ Petition No.31738 of 2017 Date: 09.10.2017 Between:
D.Shyam Sunder ... Petitioner and The State of Telangana Rep. by its Prl.Secretary Revenue Department, Secretariat Buildings, Hyderabad and 4 others.
...Respondents
Counsel for the Petitioner:
Mr.N.Ramesh Counsel for respondent No.4: GP for Services (TS) The Court made the following:
Order: (Per the Hon'ble Sri Justice C.V.Nagarjuna Reddy) This Writ Petition is filed with the grievance that Order, dated 06-06-2016, in OA.No.2037 of 2016, passed by the Andhra Pradesh Administrative Tribunal at Hyderabad (for short "the Tribunal") has not been implemented so far.
On 19-09-2017, this Court passed the following order: "If the averments in the affidavit filed in this Writ Petition are correct, the respondents must be held to be absolutely indifferent and insensitive to the human sufferings. As far back as 06.02.2016, the Andhra Pradesh Administrative Tribunal at Hyderabad (for short 'the Tribunal'), has directed respondent Nos.1 and 3 to take appropriate steps on the enquiry officer's report, dated 27.6.2015, wherein the petitioner was found not guilty of the charge framed against him, within three months from the date of receipt of that order. A further direction was also issued by the Tribunal to release the pensionary benefits to the petitioner within two months thereafter.
The grievance of the petitioner is that the respondents have not taken any steps so far to pass a final order on the enquiry report and alleviate his sufferings by sanctioning the pension. The Writ Petition is adjourned to 09.10.2017. If in the meantime, respondent Nos.1 to 3 do not redress the grievance of the petitioner by implementing the aforementioned order of the Tribunal in its true letter and spirit, the Principal Secretary, Revenue Department and respondent No.3 shall be personally present to explain their conduct."
Today, at the hearing, the learned Government Pleader for Services (TS) placed before us Memo No.7447/Vig-III(1)/20162, dated 06-10-2017, of the Special Chief Secretary to Government. Para 3 of the said Memo reads as under: "Government after careful examination of the entire matter in pursuance of orders of Hon'ble APAT/High Court and also keeping in view the findings of the inquiry report have decided to drop further action against Sri D.Shyam Sunder, the then Mandal Revenue Inspector, O/o the Tahsildar, Siricilla, Karimnagar District. Accordingly, further action against Sri D.Shyam Sunder, the then Mandal Revenue Inspector, O/o the Tahsildar, Siricilla, Karimnagar District is hereby dropped. The Chief Commissioner of Land Administration, TS, Hyderabad/District Collector, Karimnagar is requested to release the pensionary benefits to SriD.Shyam Sunder, the then Mandal Revenue Inspector, O/o the Tahsildar, Siricilla, Karimnagar District as per his eligibility immediately and appraise the same to the Hon'ble High Court under intimation to the Government."
The learned Government Pleader submitted that the pensionary benefits may be fixed and released to the petitioner as early as possible and not later than two months from today. With the issue of the afore-mentioned Memo, the order of the Tribunal has been substantially complied with and the benefit flowing from the Memo, dated 06-10-2017, needs to be extended to the petitioner. In view of the undertaking given by the learned
Government Pleader that such benefit will be extended to the petitioner within two months from today, which is placed on record, the Writ Petition is disposed of with liberty to the petitioner to avail appropriate legal remedy, in the event the above-mentioned undertaking is not complied with. As a sequel to disposal of the Writ Petition, WPMP.No.39510 of 2017, filed by the petitioner for interim relief, is disposed of as infructuous.
______________________ (C.V.Nagarjuna Reddy, J) ________________________ (Kongara Vijaya Lakshmi, J) Dt: 9th October, 2017 lur