P.Srinivasa Rao v. The State Of A.P.

HON'BLE SRI JUSTICE SANJAY KUMAR AND HON'BLE SRI JUSTICE M.GANGA RAO WRIT PETITION No.31030 of 2018 ORDER: (per Hon'ble Sri Justice Sanjay Kumar) The petitioners are the applicants in O.A.No.7450 of 2012 on the file of the Andhra Pradesh Administrative Tribunal, Hyderabad. They seek implementation of the order dated 18.9.2012 passed therein.

Perusal of the said order reflects that the Tribunal directed the authorities to release increments, H.R.A and C.C.A and also the revised pay scales along with arrears of pay within a time frame. Learned Government Pleader for Services, State of Andhra Pradesh, appearing for respondent Nos.1 to 4, does not dispute the fact that the aforstated order passed by the Tribunal attained finality as it was not even subjected to challenge.

If that be so, we are at a loss to understand as to how the respondents can refuse to abide by and implement the said order of the Tribunal which is binding upon them.

Sri T.V.V.Koteswara Rao, learned counsel for the petitioners, would point out that in similar circumstances, this Court passed order dated 16.8.2018 and allowed Writ Petition No.14116 of 2018 directing implementation of an order passed by the Tribunal which had attained finality. He would further point out that SLP (C) No.31271 of 2018 preferred by the authorities against the order in Writ Petition No.14116 of 2018 was dismissed by the Supreme Court

SK, J & MGR, J WP.No.31030 of 2018 Dated:20.12.2018 on 10.12.2018 observing that it saw no reason to entertain the petition under Article-136 of the Constitution. In the light of the aforestated facts, we are of the opinion that there is no excuse whatsoever for the respondents to refuse to abide by and implement the order dated 18.9.2012 passed by the Tribunal in O.A.No.7450 of 2012.

The failure on the part of the petitioners to initiate contempt proceedings within one year from the date of the order would only have the effect of protecting the respondents from the reach of the Contempt of Courts Act, 1971, but would not have the effect of nullifying the order or making it inoperative. The Writ Petition is accordingly allowed directing the respondents to give effect to and implement the order dated 18.9.2012 passed by the Tribunal in O.A.No.7450 of 2012 within six weeks from the date of receipt of a copy of this order. Pending Miscellaneous Petitions, if any, shall stand closed in the light of this final order. No order as to costs. ____________________ JUSTICE SANJAY KUMAR ____________________ JUSTICE M.GANGA RAO 20th December, 2018 DR