Sri. N.Bixapathy, v. The State Of Telangana -
THE HON'BLE SRI JUSTI CE SANJAY KUMAR AND THE HON'BLE SRI JUSTI CE N. BALAYOGI WRI T PETI TI ON No. 36514 of 2016 ORDER: (per Hon'ble Sri Justice Sanjay Kumar) The petitioner is the applicant in O.A.No.6260 of 2015 on the file of the Andhra Pradesh Administrative Tribunal, Hyderabad. By order dated 13.11.2015, the Tribunal granted interim relief to the petitioner directing the authorities to regularise his services and fix his pension and pensionary benefits pursuant to the Memo dated 12.12.2014 and the proceedings dated 07.04.2015. This exercise was directed to be completed within a period of eight weeks from the date of receipt of the order. Seeking implementation of this order, the petitioner is before this Court.
The matter was adjourned from time to time to enable the learned Government Pleader for Services (TG) to obtain instructions as to the implementation of the aforestated order passed by the Tribunal. Learned Government Pleader informs us that the file relating to the petitioner has already been submitted to the concerned Department in the State Secretariat by the Commissioner of Intermediate Education, State of Telangana. He would however concede that no writ petition was filed by the State or its authorities aggrieved by the aforestated interim order passed by the Tribunal.
That being so, we are of the opinion that it is not open to the State and its authorities to ignore the interim order passed by the Tribunal which has not even been challenged.
The writ petition is accordingly disposed of directing the respondent authorities to implement the order dated 13.11.2015 passed by the
Tribunal in O.A.No.6260 of 2015 and regularise the services of the petitioner and fix his pension and pensionary benefits as directed by the Tribunal. This exercise shall be completed expeditiously and in any event, not later than six weeks from the date of receipt of a copy of this order. Pending miscellaneous petitions, if any, shall stand closed in the light of this final order. No order as to costs.
______________________ SANJAY KUMAR, J ______________________ N. BALAYOGI , J Date: 07.02.2017 va