Telangana High Court
V. Radha Krishna Murthy vs The State Of Telangana And 4 Others on 8 June, 2022
Bench: P Naveen Rao, Sambasivarao Naidu
HON'BLE SRI JUSTICE P.NAVEEN RAO
AND
HON'BLE SRI JUSTICE SAMBASIVARAO NAIDU
WRIT PETITION No.24650 OF 2022
Date:08.06.2022
Between:
V.Radha Krishna Murthy S/o.Venkateswarlu,
Aged about 70 yrs, Occu : Retired P.G.Head Master,
Z.P.S School, Gandhasiri, Mudigonda Mandal,
Khammam District, R/o.H.No.10-33/9, Sripuri Colony,
Road No.2, Pirjadiguda, Hyderabad 500 098
.....Petitioner
And
The State of Telangana,
Rep., by its Principal Secretary,
School Education Department,
Secretariat, Hyderabad 500 022 & others
.....Respondents
The Court made the following:
HON'BLE SRI JUSTICE P.NAVEEN RAO
AND
HON'BLE SRI JUSTICE SAMBASIVARAO NAIDU
WRIT PETITION No.24650 OF 2022
ORDER: (per Hon'ble Sri Justice P. Naveen Rao)
Heard learned counsel for petitioner 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 5.
2. This writ petition is filed praying to direct the respondents to
implement the order passed by the A.P. Administrative Tribunal, Hyderabad
(for short 'the Tribunal') in O.A. No.1633 of 2013. Said O.A was filed
aggrieved by withholding/recovering the amount mentioned therein from
retirement benefits as excess amount paid under G.O.Ms.No.330 Education
Department dated 10.8.1983 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.A
directing refund of the amount of gratuity recovered from the petitioner
within a period of four weeks. Petitioner seeks 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 2013.
(2010) 4 ALT 145
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 petitioner, in this writ petition and same was
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.
6. In view thereof it cannot be said that petitioner kept quiet for long
time seeking implementation of the order of the Tribunal and the contention
of the learned Government Pleader regarding delay is rejected. The order of
the Tribunal has become final and is liable to be implemented.
7. In the circumstances, Writ Petition is disposed of directing the
respondents to implement the order 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
8th June, 2022
Rds
