Mohd Sadiq Ahamed, S/O. Late Mohd. Jaffar Ahmed v. The Government Of A.P., Rep. By Its Principal Secretary

Date : 27.6.2017 Between :

Mohd Sadiq Ahamed S/o Late Mohd Jaffar Ahmed, Presently residing at MIG II /2 (4-9-70) Mushk Mahal HUDA colony, Attapur, PO Bahadurpura Hyderabad Petitioner And Govt of AP, Rep by its Principal Secretary, Home Department Secretariat, Hyderabad and another Respondents The Court made the following:

ORAL ORDER:

The A.P. Administrative Tribunal allowed O A No. 8510 of 2010 setting aside the Government Orders in G.O. Rt No.913 dated 3.6.2010 and D O No. 3871 dated 13.09.2010 so far as it relates to treating the period of suspension of the applicant from 3.1.2001 to 25.1.2001 as not on duty. The Tribunal directed to treat the said period as on duty for all purposes. Applicant was granted all consequential benefits like arrears of pay, increments and pension. Aggrieved thereby, respondents in O A preferred W.P. No. 40143 of 2015. Writ Petition is disposed of by order dated 4.8.2016. The Division Bench of this Court, while holding that since petitioner was exonerated by the Tribunal in disciplinary proceedings, there was no basis to treat the period of suspension as not on duty, modified the order under challenge by restricting the entitlement of the petitioner to continuity of service throughout the period of suspension and for all attendant benefits, however, denied entitlement of the payment of actual monetary benefits for the period that he remained under suspension. 2.

This contempt case was instituted before the disposal of the above writ petition. Having regard to the order passed by the Division Bench, petitioner has to workout his remedies, if the said orders are not complied. In view of the subsequent developments, it cannot be said that respondents have disobeyed the directions issued by the Tribunal.

3.

Accordingly, contempt case is closed while granting liberty to the petitioner to workout his remedies to enforce directions issued by this Court in W.P. No.40143 of 2015. No costs. Having regard to the same, miscellaneous petitions, if any pending, are closed.

______________ P NAVEEN RAO,J DATE: 27.06.2017 TVK

Date : 27.6.2017