Andhra Pradesh High Court - Amravati
Between vs The State Of Andhra Pradesh And Others ... on 8 August, 2024
APHC010627482023
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3470]
(Special Original Jurisdiction)
THURSDAY, THE EIGHTH DAY OF AUGUST
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE RAVI NATH TILHARI
AND
THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY
WRIT PETITION NO: 32569/2023
Between:
Dr. A. Madhava Rao ...PETITIONER
AND
The State of A. P., and Others ...RESPONDENT(S)
Counsel for the Petitioner:
1. NUTHALAPATI KRISHNA MURTHY
Counsel for the Respondent(S):
1. GP FOR MEDICAL HEALTH FW(AP)
The Court made the following:
ORDER:
1. Heard Sri Nuthalapati Krishna Murthy, learned counsel for the petitioner
and the Learned Government Pleader for Medical, Health and Family Welfare
appearing for the respondents.
2. The present Writ Petition is filed to issue a Writ of Mandamus, declaring
the action of the respondents in not implementing the Order dated 16.05.2012
in O.A.No.3646 of 2012 passed by the A.P. Administrative Tribunal,
Hyderabad as illegal, arbitrary and to direct the respondents to implement the
said order.
3. By the aforesaid order, the Tribunal allowed the O.A of the petitioners
directing the respondents to treat the period of temporary service rendered by
the petitioners from the date of their initial appointment till the date their
services were regularized as qualifying services for calculating their pension
and also for granting 8/16 years scales under automatic advancement
scheme.
4. The petitioners' O.A was allowed as many other O.As on the same
subject had already been allowed. One such O.A.No.1807 of 2012 was
decided on 30.0.2012 with the same directions, and relying on this order, the
present O.A was also allowed. The respondents filed W.P.No.21086 of 2012
challenging the Order in O.A.No.1807 of 2012 along with many other writ
petitions and all the batch of writ petitions were dismissed on 20.11.2018 and
challenging the same the respondents filed S.L.P.No.24176 of 2019, which
was also dismissed by the Hon'ble Apex Court on 18.11.2022.
5. Previously, the applicants of many other O.As approached this Court for
implementation of the orders of the Tribunal passed in their respective O.As.
In one such W.P.No.26514 of 2022, a Co-ordinate Bench of this Court
disposed of the writ petition directing the respondents to implement the order
dated 25.04.2012 of the Tribunal in O.A.No.3338 of 2012, vide Judgment
dated 23.09.2022 (Ex.P.5). Similarly, in other W.P.No.12563 of 2019 filed by
other petitioners, the order was passed to implement the order of the Tribunal.
It is submitted that in compliance of those orders, the respondents have
implemented the orders of the Tribunal.
6. One more W.P.No.14253 of 2024, S. Madhusudana Raju and Others
vs. The State of Andhra Pradesh and Others was filed for implementation
of the order of the Tribunal dated 01.08.2012 in O.A.No.6147 of 2012 on the
same subject, which was allowed by this Bench on 18.07.2024, with the
following directions:-
"15. Thus, considering the facts and circumstances, the writ petition is
allowed directing the respondents to make compliance with the order of
the Tribunal dated 01.08.2012 in O.A.No.6147 of 2012 within one week.
16. Compliance report be filed before this Court by 25.07.2024.
17. The matter is posted to 25.07.2024 only for perusal of the
compliance report.
18. If the order is complied with, the Officer present need not appear
on the next date.
19. There shall be no order as to costs."
7. The State of Andhra Pradesh filed Special Leave to Appeal (C)
No.16244 of 2024, the same was dismissed on 30.07.2024 by the Hon'ble
Apex Court as under:-
"Heard the learned counsel appearing for the petitioners.
We are not inclined to interfere with the impugned judgment
and order passed by the High Court. Hence, the Special Leave
Petition is dismissed.
Pending application(s), if any, shall stand disposed of."
8. Learned counsel for the petitioner and also learned Government
Pleader submit that the controversy involved in this Writ Petition is squarely
covered by the Order of this Court in W.P.No.14253 of 2024 decided on
18.07.2024 as aforesaid.
9. Learned Government Pleader for Medical, Health and Family Welfare
submits that the order of the Tribunal will be complied within three (3) weeks.
10. This Writ Petition is also allowed directing the respondents to make
compliance with the order of the Tribunal dated 16.05.2012 in O.A.No.3646 of
2012, within three (3) weeks.
11. Post this case on 29.08.2024 for perusal of the compliance report.
There shall be no order as to costs. As a sequel, pending applications,
if any, shall stand closed.
__________________________
RAVI NATH TILHARI, J
__________________
NYAPATHY VIJAY, J
Date: 08.08.2024
IS
THE HONOURABLE SRI JUSTICE RAVI NATH TILHARI
AND
THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY
WRIT PETITION NO: 32569/2023
Date: 08.08.2024
IS
