K.Laxmamma v. The District Collector,

THE HON'BLE SRI JUSTICE SANJAY KUMAR AND THE HON'BLE SRI JUSTICE N. BALAYOGI WRIT PETITION No.38113 of 2015 Date:27.04.2017 Between:

K. Laxmamma

...Petitioner.

And The District Collector, Mahabubnagar, Mahabubnagar District and others.

...Respondents.

THE HON'BLE SRI JUSTICE SANJAY KUMAR AND THE HON'BLE SRI JUSTICE N. BALAYOGI WRIT PETITION No.38113 of 2015 ORDER: (Per Hon'ble Sri Justice Sanjay Kumar) This writ petition was filed seeking implementation of the order dated 04-07-2012 passed by the Andhra Pradesh Administrative Tribunal, Hyderabad, in O.A.No.5035 of 2012. By the said order, the Tribunal directed the Zilla Parishad, Mahabubnagar, to pass appropriate orders on the proposals sent by the Shadnagar Municipality on 03-03-2012 upon the representation dated 01-03-2012 made by the petitioner for release of the pensionary benefits of her husband, a deceased employee of Shadnagar Municipality.

It is not in dispute that this order has attained finality as no writ petition was filed assailing the same. This being the situation, it is not open to the authorities to indefinitely delay implementation of the order. The learned Assistant Government Pleader would state that after merger of the Zilla Parishad with the Municipality, it is for the Municipality to forward the necessary proposals to the Government. However, once the order was passed by the Tribunal requiring the authorities to do the needful, it was for them to take up the issue at the appropriate level and see that proper proposals are submitted and processed in accordance with the due procedure.

The writ petition is therefore disposed of directing respondents 1 to 6 herein to ensure implementation of the order dated 04-07-2012 passed by the Tribunal in O.A.No.5035 of 2012

expeditiously and, in any event, within eight weeks from the date of receipt of a copy of this order. No order as to costs. Pending miscellaneous petitions, if any, shall stand closed in the light of this final order.

______________________ SANJAY KUMAR, J ___________________ N. BALAYOGI, J Date: 27.04.2017 mrb