R Akkulaiah vs State Of Andhra Pradesh
2022 Latest Caselaw 7866 AP

             HON'BLE SRI JUSTICE K.SURESH REDDY

                    W.P.(A.T).No.1420 of 2021

ORDER:-


      Questioning the proceedings issued by the 3rd respondent, vide

L.Dis.No.1873/B4/2015, dated 13.11.2017 treating the service period

of the petitioner from 16.06.1989 to 18.06.1995 and from 01.06.1997

to 20.06.2004 as not on duty and also not counting the said period for

the purpose of pension and other retirement benefits, the petitioner

filed O.A.No.3535 of 2017 before the Andhra Pradesh Administrative

Tribunal at Hyderabad (for short, 'the Tribunal'). After abolition of

the Tribunal, the said O.A., was transferred to this Court and

re-numbered as W.P.(A.T).No.1420 of 2021.

2. Heard Smt.G.Kavitha, learned counsel for the petitioner

as well as learned Government Pleader for Services-III appearing for

the respondents.

3. When the matter is taken up for hearing, both learned

counsel would submit that the issue involved in the present writ

petition is squarely covered by the order of the Hon'ble Supreme

Court in B.Srinivasulu Vs. Nellore Municipal Corporation,

represented by Commissioner, Nellore1 and the order of a Division

Bench of this Court in Government of Andhra Pradesh Vs. N.Venkaiah2.

4. In the light of the above judgments, the Writ Petition is

allowed and the respondents are directed to extend the benefit of

past service to the petitioner in terms of the judgments in

B.Srinivasulu (1st supra) and N.Venkaiah (2nd supra) for the

purpose of pensionary benefits, within a period of three (03) months

from the date of receipt of a copy of this order.

Miscellaneous Petitions, if any, pending in this writ petition

shall stand closed.

_______________ K.SURESH REDDY,J 14th day of october,2022 RPD

2019 (3) SCT 697 (SC)

2018 (4) ALT 6 (D.B.)

HON'BLE SRI JUSTICE K. SURESH REDDY

W.P.(A.T).No.1420 of 2021

Dated: 14.10.2022

RPD