R. Yadagiri Died vs The State Of Telangana
2022 Latest Caselaw 1849 Tel

                 HON'BLE SRI JUSTICE P.NAVEEN RAO
                               AND
             HON'BLE SRI JUSTICE SAMBASIVARAO NAIDU


   WRIT PETITION Nos.18189, 18246, 18247, 18252, 18254, 18258,
                 18265, 18270 & 18293 Of 2022

                             Date:12.04.2022

W.P.No.18189 of 2022:

Between:

T. Karuna Sree W/o.P.Rajeshwar Rao,
Aged about 68 yrs, Occu : Retired School Assistant,
Telugu Pandit, Z.P.High School, Andhra Nagar,
Nandipet Mandal, Nizamabad District,
R/o.H.No.3-66/11-I, V.V.Nagar Colony,
Mubarak Nagar, Nizamabad,
Nizamabad District                             .....Petitioner

     And

The State of Telangana,
Rep., by its Principal Secretary,
School Education Department,
Secretariat, Hyderabad-500022 & others.
                                                .....Respondents

The Court made the following:

HON'BLE SRI JUSTICE P.NAVEEN RAO AND HON'BLE SRI JUSTICE SAMBASIVARAO NAIDU

WRIT PETITION Nos.18189, 18246, 18247, 18252, 18254, 18258, 18265, 18270 & 18293 Of 2022

COMMON ORDER: (per Hon'ble Sri Justice P.Naveen Rao)

Heard learned counsel for petitioners Sri A.V.V.S.Bhujanga Rao,

learned counsel for respondent No.2 Sri K.Balakrishna and learned

Government Pleader for Services for Respondent Nos. 1, 3 to 6.

2. These writ petitions are filed praying to direct the respondents to

implement the orders passed by the A.P. Administrative Tribunal,

Hyderabad (for short the Tribunal) in O.A. Nos.9440, 10035, 9458, 9448,

9449, 9366, 9215, 9456 and 9459 of 2012 respectively. Said O.As were filed

aggrieved by withholding/recovering the amounts mentioned therein from

retirement benefits as excess amount paid under G.O.Ms.No.330, Education

(H1) Department dated 10.08.1983 in spite of the judgment rendered by the

full bench of this Court reported in State Language Teachers' Association,

Hyderabad and Others Vs State of Andhra Pradesh and Others1.

3. Following several other decisions, the Tribunal allowed the O.As

directing refund of the amount of gratuity recovered from the petitioners

within a period of four weeks. Petitioners seek implementation of the

directions issued by the Tribunal.

(2010) 4 ALT 145

4. Learned Government Pleader sought to raise the plea of inordinate

delay in seeking implementation of the directions of the Tribunal issued in

the year 2012.

5. According to learned counsel Sri A.V.V.S.Bhujanga Rao, alleging non-

compliance of the directions of the Tribunal, batch of contempt applications

were filed, including by petitioners in these writ petitions and same were

disposed of by Tribunal, by order dated 13.10.2015 taking note of the fact

that W.P. No.33594 of 2013 was filed and this Court stayed the order of the

Tribunal passed in O.A.No.8905 of 2012 and granting liberty to petitioners

to file fresh contempt applications, after the vacation of the interim orders or

disposal of the writ petition. Learned counsel further submitted that

W.P.No.33594 of 2013 was transferred to High Court of Andhra Pradesh and

same was disposed of by order dated 6.4.2021. A copy of the order passed

in C.A.No.1320 of 2013 in O.A.No.2587 of 2013 & batch on 30.10.2015 is

filed as Ex.P.6.

6. In view thereof, it cannot be said that petitioners kept quiet for long

time seeking implementation of the orders of the Tribunal and the

contention of the learned Government Pleader regarding delay is rejected.

The orders of the Tribunal have become final and are liable to be

implemented.

7. In the circumstances, writ petitions are disposed of directing the

respondents to implement the orders of the Tribunal within a period of three

months from the date of receipt of copy of this order. Miscellaneous

applications, if any pending stand closed.

__________________ P.NAVEEN RAO,J

__________________________ SAMBASIVARAO NAIDU,J 12th April, 2022 Rds