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High Court for State of TelanganaWP/20301/2018disposed of no costs

V. Daniel Vijaya Raj, v. The State Of Andhra Pradesh,

2018-06-19Abhinand Kumar Shavili,Suresh Kumar Kait2 pages

HON'BLE SRI JUSTICE SURESH KUMAR KAIT & HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI W.P. No. 20301 of 2018 O R D E R:- (ORAL) (Per Hon'ble Sri Justice Suresh Kumar Kait) This writ petition is filed assailing the order dated 13.12.2016 in O.A.No. 1664 of 2014 passed by the Andhra Pradesh Administrative Tribunal, Hyderabad.

The petitioner filed O.A.No. 1664 of 2014 seeking to declare the action of the respondents in not paying half pay salary to him for the period from 13.06.2013 to 31.07.2013 and regular monthly salaries from 01.08.2013 till date, as illegal and arbitrary and consequently to direct - i.

the respondents to pay half pay salary to the applicant for the period from 13.06.2013 to 31.07.2013 with interest @ 12% p.a. ii.

the respondents to pay monthly salaries from 01.08.2013 to till today with interest @ 12% p.a.

iii.

the 4th respondent to pay damages of Rs.1,00,000/ - for causing humiliation and mental agony to the applicant. iv.

Respondent Nos.1 to 3 to take action against respondent No.4 for causing humiliation and mental agony to the applicant and disobeying the orders passed by them.

The learned counsel for the petitioner submits that the salary sought in relief Nos.1 and 2 has already been paid by the respondents, however interest accrued on the delayed payment as sought has not been paid.

We note that in the impugned order the Tribunal directed the respondents to settle the issue of salary of the

SKK,J & AKS,J WP_20301_2018 petitioner for the period from 19.02.2014 to 23.02.2014 and pass appropriate orders within a period of eight weeks from the date of receipt of a copy of the order. However, there is no mention in the order that the petitioner is entitled to interest on the delayed payment.

In view of the above, this Court, without going into merits of the case, remands the matter to the Tribunal by directing the Tribunal to render its opinion on the aspect of interest on delayed payment.

With the above observation, the writ petition is disposed of. No order as to costs.

As a sequel, Miscellaneous Petitions, if any pending, shall stand disposed of as infructuous.

_____________________ SURESH KUMAR KAIT, J 19.06.2018 _________________________ ABHINAND KUMAR SHAVILI, J bcj