Boyya Talari Laxmanna v. The Tahsildar And 3 Others

HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI WRIT PETITION No.23904 of 2019 ORDER:

This writ petition is disposed of at the stage of admission with the consent of both the parties.

This writ petition is filed seeking the following relief :- " ......to declare the action of the respondents in not paying the salaries of the petitioner as Village Revenue Assistant from January 2018 till today though he is discharging his duties as illegal, arbitrary, unconstitutional and void being violative of Art.21 of the Constitution of India and consequently direct the respondents to pay salaries regularly by taking action on the report submitted by the 1st Respondent to the 3rd Respondent vide proceedings bearing No.A/ 209/ 2019, dated 25.07.2019 by issuing a writ more in the nature of Writ of Mandamus or any other writ, order or direction from this Hon'ble Court....." .

Heard Mr.R.Rajasekhara Rao, learned counsel for the petitioner and the learned Government Pleader for Services-II. It has been contended by the petitioner that he is working as a Village Revenue Assistant since 1990 and he has been discharging his duties to the best satisfaction of his superiors and every one concerned. While so, the respondents have entertained a doubt whether the petitioner was legally appointed or not and they have stopped paying salary to him since January, 2018. Thereafter, the respondents have conducted enquiry and the 1st respondent has submitted a report to the 3rd respondent on 28.08.2019 to the effect that the petitioner was legally appointed as Village Revenue Assistant and he is entitled for salary. But, the 3rd respondent is not acting on the report submitted by the 1st respondent.

Learned counsel for the petitioner submits that appropriate orders be passed in the writ petition directing the 3rd respondent to consider the report submitted by the 1st respondent on 28.08.2019 and pass appropriate orders in accordance with law. Learned Government Pleader appearing for the respondents has contended that if the 1st respondent submitted a report to the 3rd respondent on 28.08.2019, the 3rd respondent would consider the same and pass appropriate orders in accordance with law within a reasonable period of time.

This Court, having considered the rival submissions, is of the considered view that this writ petition can be disposed of directing the 3rd respondent to consider the report submitted by the 1st respondent on 28.08.2019 and pass appropriate orders in accordance with law within a period of eight weeks from the date of receipt of a copy of this order.

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

Pending miscellaneous petitions, if any, shall stand closed. ____________________________ ABHINAND KUMAR SHAVILI, J Date: 01-11-2019 Prv