Sri B.V.Shaik Nazeer Ahammed, v. The State Of Andhra Pradesh

THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY AND THE HON'BLE SRI JUSTICE M.S.K.JAISWAL WRIT PETITION No.7978 of 2016 Dated: 11.03.2016 Between:

B.V.Shaik Nazeer Ahammed, s/o. Late S.Md.Gouse, aged about 58 years.

.. Petitioner And The State of Andhra Pradesh, Represented by its Principal Secretary, Home Department, Secretariat, Hyderabad, and others.

.. Respondents Counsel for the Petitioner: Mr. M. Murali Lincoln. Counsel for the Respondents: G.P. for Services. This Court made the following:

ORDER: (Per Hon'ble Sri Justice C.V. Nagarjuna Reddy)

This writ petition is filed for a Mandamus to declare the action of respondent No.3 in not implementing order, dated 07.08.2014, in O.A.No.9694 of 2011 on the file of the A.P. Administrative Tribunal, Hyderabad (for short 'the Tribunal'), as illegal. By the order impugned before the Tribunal, respondent No.3 has reduced the pay scale without notice to the petitioner and other similarly situated persons. In the O.A., the Tribunal has set aside the order of respondent No.3. A liberty was, however, reserved to respondent No.3 to issue notice to the petitioner and others and pass a fresh order after hearing them.

The grievance of the petitioner is that while in respect of various other persons, who have filed contempt petitions before the Tribunal, respondent No.3 has implemented the order of the Tribunal, in his case, no fresh order was passed after notice to him. In our opinion, as the order passed by the Tribunal is in favour of the petitioner, there is no reason for us to entertain this writ petition. However, having regard to the grievance expressed by the counsel for the petitioner that respondent No.3 has not passed a fresh order and instead he is taking steps to recover the differential salary in pursuance of the order set aside by the Tribunal, respondent No.3 is directed to implement order, dated 07.08.2014, in O.A.No.9694 of 2011 within one month from the date of receipt of this order. Subject to the above direction, the writ petition is disposed of. As a sequel to disposal of the writ petition, WPMP.No.10142 of 2016 filed by the petitioner for interim relief stands disposed of as infructuous.

________________________ C.V.NAGARJUNA REDDY,J ________________ M.S.K.JAISWAL,J 11.03.2016 v v