K.Srinivas Reddy, v. The Executive Engineer, Rwsands

THE HON'BLE SRI JUSTICE SURESH KUMAR KAIT AND THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI W.P.NO.42633 OF 2017 ORAL ORDER (Per the Hon'ble Sri Justice Suresh Kumar Kait) Vide the present petition, petitioner seek direction thereby directing the respondents to comply with the order dated 21.4.2015 passed by the Andhra Pradesh Administrative Tribunal in O.A.No.2005 of 2015. The petitioner filed the application in O.A.No.2005 of 2015 under Section 19 of the Administrative Tribunals Act, 1985 seeking the following relief:

" To declare the entire action of the respondents in not releasing annual grade periodical increments to the applicant from the date of payment of minimum time scale of pay attached to the post vide G.O.Rt.No.1523, PR (Estt-ll A) Department, dated 26-10-2009, along with arrears as highly illegal, arbitrary, unjust and contrary to various judicial pronouncements in the subject matter and consequently to direct the respondents to forthwith release periodical annual grade increments along with arrears to the applicant from the date of granting of time scale of pay to the applicant through G.O.Rt.No.1523, PR & RD (Estt. ll A) Department, dated 26.10.2009."

The said application was allowed vide aforesaid order granting relief in terms of orders passed in O.A.No.9079 of 2011 dated 24.11.2011, treating it as a covered case.

Being aggrieved by order dated 24.11.2011 in O.A.No.9079 of 2011, State filed writ petition before this court in W.P.No.16996 of 2012. The same was dismissed vide order dated 12.06.2012. Further aggrieved, the State carried the matter up to Supreme Court. However, the Supreme Court also dismissed the appeal filed by the State vide its order dated 14.10.2014 in S.L.P.No. ( C ) No.37870 of 2012.

The grievance of the petitioner is that till date the order dated 21.04.2015 passed in O.A.No.2005 of 2015, has not been complied with. The learned counsel for the petitioner submits that in case of similarly situated persons, Government issued orders in G.O.Rt.No.468 Panchayat Raj and Rural Development (PR.II) Department dated 23.02.2015. After hearing the learned counsel for the petitioner and learned Government Pleader, we direct the respondents to comply with the orders of the Tribunal dated 21.04.2015 in O.A.No.2005 of 2015, within two months from today.

The writ petition is accordingly disposed of. Miscellaneous petitions pending, if any, shall stand closed. No costs. ----------------------------------------- SURESH KUMAR KAIT,J ------------------------------------------- ABHINAND KUMAR SHAVILI,J DATE:22-01-2018 avs