Telangana High Court
Syed Mahamood Ali vs The State Of Telangana on 24 February, 2022
Bench: P Naveen Rao, G.Radha Rani
HONOURABLE SRI JUSTICE P. NAVEEN RAO
HON'BLE Dr. JUSTICE G.RADHA RANI
W.P. Nos. 21866, 26512 and 26521 of 2021
Date : 24.02.2022
Between:
G Gyana Kumari W/o Janardhan Rao
aged about 67 years
Occ Retired School Assistant Hindi Pandit
Z P High School Nandipet Nandipet Mandal
Nizamabad District
R/o H No 11-1-1203 Panchayath raj Employees Colony Kanteswar
Nizamabad District 503002
Petitioner
And
The State of Telangana
Represented by its Principal Secretary School Education Department
Secretariat Hyderabad 500022
Respondents
The Court made the following:
HONOURABLE SRI JUSTICE P. NAVEEN RAO
HON'BLE Dr. JUSTICE G.RADHA RANI
W.P. Nos. 21866, 26512 and 26521 of 2021
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. 9434, 9844 and 9447 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 330
Education Department dated 10.8.1983 in spite of the judgment
rendered by the full bench of this Court reported in (2010) 4 ALT 145.
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.
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 senior counsel Sri M Surender 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 senior 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.
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
___________________
Dr. G.RADHA RANI,J
DATE:24.02.2022
TVK
HONOURABLE SRI JUSTICE P. NAVEEN RAO
HON'BLE Dr. JUSTICE G.RADHA RANI
W.P. Nos. 21866, 26512 and 26521 of 2021
Date : 24.02.2022
