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High Court for State of TelanganaWP/5321/2017disposed of no costs

T. Prabhakar, v. The State Of Telangana Rep By Its Principal Secretary,

2017-04-13Sanjay Kumar,N. Balayogi2 pages

THE HON'BLE SRI JUSTI CE SANJAY KUMAR AND THE HON'BLE SRI JUSTI CE N. BALAYOGI WRI T PETI TI ON No.5321 of 2017 ORDER: (Per Justice Sanjay Kumar) This writ petition was filed seeking implementation of the order dated 24.11.2015 passed by the Andhra Pradesh Administrative Tribunal, Hyderabad, in O.A.No.398 of 2015. By the said order, the Tribunal directed the authorities to release all the retiral benefits due to the petitioner, the applicant in the O.A., including pension, in accordance with the rules within six months from the date of receipt of a copy of the order. The Tribunal further held that in the event of failing to pay the amount within the time stipulated, the authorities would be liable to pay interest at the rate of 12% per annum from the date of filing of the O.A.

Notice having been ordered, learned Assistant Government Pleader for Services (Telangana) fairly states that no writ petition was filed by the authorities challenging the aforestated order. That being so, in the light of the undertaking given by the learned Advocate General for the State of Telangana to this Court to the effect that orders passed by the Tribunal would be implemented by the State of Telangana, unless varied or set aside, which was duly recorded by a Division Bench of this Court comprising the Hon'ble The Acting Chief Justice and the Hon'ble Sri Justice U. Durga Prasad Rao in W.P.No.31905 of 2016 vide order dated 30.09.2016, it is not open to the State of Telangana to keep the matter pending indefinitely despite the time stipulation fixed by the Tribunal.

The writ petition is accordingly disposed of directing the respondents to abide by and implement the order 24.11.2015 passed by

the Andhra Pradesh Administrative Tribunal, Hyderabad, in O.A.No.398 of 2015, in its entirety including payment of interest. This exercise shall be completed expeditiously and, in any event, not later than eight 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 13th April, 2017 PGS/VA