Dr. P. Viswashanti v. The State Of Telangana

THE HON'BLE SRI JUSTI CE C.V.NAGARJUNA REDDY AND THE HON'BLE DR. JUSTI CE SHAMEEM AKTHER WRI T APPEAL No.1202 of 2017 Between:

Dr.P.Viswashanti ..Appellant and The State of Telangana, represented by its Principal Secretary to Government, Health, Medical & Family Welfare (B1), Department, Secretariat, Hyderabad and another ..Respondents Counsel for the appellant: Mr.C.Srinivasa Baba Counsel for the respondents: Special Government Pleader for Services (TS) The Court made the following:

CVNR,J & Dr.SA,J W.A.No.1202 of 2017 JUDGMENT: (Per the Hon'ble Sri Justice C.V.Nagarjuna Reddy) This writ appeal arises out of common order, dated 12.07.2017, to the extent it relates to W.P.No.40197 of 2016, whereunder the learned Single Judge has closed the said writ petition on the ground that as the issue raised therein mainly related to subsistence allowance and the same is being paid, no further adjudication of the writ petition is necessary. 2.

Mr.C.Srinivasa Baba, learned counsel for the appellant, has submitted that one of the issues raised in the writ petition is non-payment of salary for the period from 19.06.2015 to 16.06.12016. 3.

The learned Special Government Pleader for Services (TS) appearing for the respondents has submitted that the appellant is not regular in attending to duties after her transfer on 05.06.2015 and this aspect is the subject matter of the disciplinary proceedings and that therefore, salary for that period has not been paid. 4.

Since the disciplinary proceedings against the appellant are pending, we refrain from expressing our view on the merits of the dispute raised in the writ appeal. Inasmuch as the disciplinary proceedings were initiated more than one year back, it is appropriate that the same are completed as early as possible. The entitlement or otherwise of the appellant to the salary for the aforementioned period shall depend upon the outcome of the disciplinary proceedings.

5.

Accordingly, the respondents are directed to complete the disciplinary proceedings as expeditiously as possible and not later than four months from the date of receipt of a copy of this order, failing which, the appellant is given liberty to initiate contempt proceedings.

CVNR,J & Dr.SA,J W.A.No.1202 of 2017 6.

Subject to the above direction and the liberty, the Writ Appeal is disposed of.

7.

As a sequel to allowing the writ appeal, W.P.M.P.No.2239 of 2017 filed by the appellant for interim relief shall stand disposed of as infructuous.

______________________________ C.V.NAGARJUNA REDDY, J _____________________________ Dr.SHAMEEM AKTHER, J 24th August, 2017 GHN