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High Court for State of TelanganaWP/29763/2014allowed no costs

The State Of Telangana, v. J. Babu Rao,

2017-04-20Sanjay 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.29763 of 2014 ORDER: (per SK,J) This writ petition was filed by the erstwhile Government of Andhra Pradesh and its municipal authorities aggrieved by the order dated 26.06.2012 passed by the Andhra Pradesh Administrative Tribunal, Hyderabad, in O.A.No.7053 of 2012. By the said order, the Tribunal directed the authorities to pay Minimum Time Scale to the applicant in the O.A. along with dearness allowance and back wages for three years prior to the filing of the O.A. within a time frame. By order dated 07.10.2014, this Court granted interim stay of the directions issued by the Tribunal in so far as they pertain to grant of other allowances and arrears only.

Notice having been ordered, the first respondent herein was served but did not choose to enter appearance before this Court either in person or through learned counsel.

The State of Telangana was thereafter impleaded in the place of the erstwhile Government of Andhra Pradesh as the matter relates to it. Heard Sri A.Sanjeev Kumar, learned Special Government Pleader representing the learned Additional Advocate General for the State of Telangana.

Learned Special Government Pleader would state that the matter is squarely covered by the decision of this Court in W.P.No.30530 of 2012 and batch. A copy of the common order dated 28.08.2014 passed in the said batch is placed on record.

Having examined the matter, we find it to be so. Therefore, for reasons alike as were stated in the aforestated common order and in terms thereof, the writ petition is allowed setting aside the direction of the Tribunal in so far as it requires payment of dearness allowance and back wages for three years prior to the filing of the subject O.A. The authorities shall however continue to pay the Minimum Time Scale of Pay to the first respondent as directed by the Tribunal. Pending miscellaneous petitions, if any, shall stand closed in the light of this final order. No order as to costs. ____________________ JUSTI CE SANJAY KUMAR __________________ JUSTI CE N.BALAYOGI Date:20.04.2017 GJ