Citation : 2022 Latest Caselaw 211 Tel
Judgement Date : 25 January, 2022
THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
AND
THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI
W.A.No. 491 of 2021
JUDGMENT: (Per the Hon'ble the Chief Justice Satish Chandra Sharma)
Appellant has filed the present Appeal before this Court stating that
he was appointed as Supervisor in the erstwhile Hyderabad Allwyn Limited
in the year 1987 and later, he was absorbed in the services of the State
Government on 20.01.2010 and he has reported on duty as Junior Assistant
in the office of the Deputy Transport Commissioner, Karimangar, on
03.05.1993. Thereafter, he was asked to report on duty before respondent
No.3/Deputy Transport Commissioner, Warangal, on 01.02.2010.
Appellant has, accordingly, reported for duty and his appointment was
accepted on 09.02.2010. He has attained the age of superannuation on
30.04.2020. However, he was not paid salary from 09.02.2010 to
31.06.2020 as there was no vacancy in the office of Deputy Transport
Commissioner, Warangal.
The grievance of the appellant is that inspite of repeated
representations, the salary has not been paid from 09.02.2010 to 31.06.2020
though he was physically present.
The documents on record reveal that except making
correspondence, the State Government has not passed any speaking order
in respect of aforesaid payment of salary. There is a document dated
27.08.2019 on record, which would certainly refer to the petitioner's
appointment and his working However there are no orders passed by the
higher authorities in the matter.
Resultantly, without expressing any opinion on the merits of the case
the present Writ Appeal is disposed of with the direction to respondent
No.3/Deputy Transport Commissioner to pass a reasoned order in the
matter of payment of salary for the period w.e.f. 09.02.2010 to 31.06.2020.
The aforesaid exercise shall be completed within a period of sixty days
from the date of receipt of a certified copy of this order.
With the aforesaid, the Writ Appeal stands disposed of.
As a sequel, Miscellaneous Petitions, pending if any, stand disposed
of.
________________________________ SATISH CHANDRA SHARMA, CJ
________________________________ ABHINAND KUMAR SHAVILI, J
Date: 25.01.2022 LUR
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