"...to issue a writ of Mandamus or any other appropriate writ,
order or direction by declaring the action of respondents in
not regularizing the period of suspension from 08.04.2007 to
08.02.2009 as on duty though the order of punishment of
withholding of two (2) Annual Grade Increments with
cumulative effect vide G.O.Rt.No.243, Transport, Roads and
Buildings (VIG. R&B) Department, dated 27.05.2023, has
been set aside of this Hon'ble Court in W.P.No.15450 of 2023
by the Judgment dated 02.02.2024 and in pursuance thereof
the 1st respondent has issued G.O.Rt.No.699, Transport,
Roads & Buildings (Vig. R&B) Department dated 28.08.2024,
dropping further action against the petitioner as illegal,
arbitrary and unconstitutional being violative of Articles 14,
16 and 21 of Constitution of India, consequently direct the
respondents to treat the period of suspension from
08.04.2007 to 08.02.2009 as on duty by conferring all
consequential benefits such as promotion as Executive
Engineer (R&B), by paying arrears of amounts and
increments to the petitioner, in view of the Judgment of this
Hon'ble Court in W.P.No.15450 of 2023, dt. 02.02.2024, and
G.O.Rt.No.699, Transport, Roads & Buildings (Vig. R&B)
Department, dt. 28 08 2024 and to pass such other order or
orders as this Hon'ble Court may deem fit and proper in the
circumstances of the case."
2. Heard Sri S. Gopal Rao, learned counsel for
the petitioner, learned Government Pleader for Services-I for
the respondents. Perused the material on record.
3. The petitioner was initially recruited as Assistant
Engineer in the year 1995 on selection by APPSC.
Subsequently, he was appointed by transfer as Assistant
Executive Engineer on acquired B.Tech during the year 2003.
In the year 2005, while the petitioner was working as
Assistant Executive Engineer (R & B), Assembly Building
Division, Hyderabad, canteen renovation works at new MLA
quarters were taken up on emergency basis based on the
instructions of the then Minister for Finance accompanying by
Superintending Engineer (R&B) and completed the said work
within fortnight with good quality and specialised items.
Thereafter, the petitioner was transferred from Assembly
Building Division to Central Building Division during the month
of April, 2006 and joined as such on 29.04.2006. While
things stood thus, on certain irregularities alleged to have
been committed while executing the works in MLA Quarters,
the petitioner was placed under suspension vide proceedings
dated 04.04.2007. A charge memo dated 12.11.2007 was
issued, to which the petitioner submitted explanation denying
the charge. Subsequently he was reinstated into service on
09.02.2009.
4. It is stated that vide G.O.Rt.No.1241 dated 30.10.2012,
the petitioner was imposed the punishment of stoppage of
three increments with cumulative effect. Questioning the
same, the petitioner filed O.A.No.9198 of 2012 before the
then A.P. Administrative Tribunal, Hyderabad, and the same
was dismissed by order dated 02.12.2013, against which the
petitioner preferred W.P.No.39060 of 2013 before this Court.
In the said writ petition, a Division bench of this Court has set
aside the order dated 02.12.2013 passed in O.A.No.9198 of
2012 as well as the punishment order in G.O.Rt.No.1241
dated 30.12.2012 and remanded the matter to the State
Government to re-examine the case afresh. Pursuant thereto,
the Government, having re-examined the case afresh, issued
G.O.Rt.No.243 dated 27.05.2023, revising the penalty of
withholding of two annual grade increments with cumulative
effect instead of withholding of three annual grade increments
with cumulative effect, which necessitated the petitioner to
file W.P.No.15450 of 2023. By order dated 02.02.2024,
W.P.No.15450 of 2023 was allowed setting aside
G.O.Rt.No.243 dated 27.05.2023. Thereafter, respondent
No.1 issued G.O.Rt.No.699, Transport, Roads & Buildings
(Vig.R&B) Department, dated 28.08.2024, dropping further
action against the petitioner.
5. The grievance of the petitioner is that he is entitled for
regularisation of the period of suspension and other reliefs in
view of G.O.Rt.No.699 Transport, Roads & Buildings (Vig.R&B)
Department, dated 28.08.2024, and as such, he made a
representation dated 14.11.2024 to respondent No.1, but till
date the same has not been considered.
6. Learned counsel for the petitioner submits that the
respondents may be directed to consider the representation
dated 14.11.2024 of the petitioner.
7. Learned Government Pleader appearing for the
respondents did not oppose for a direction to the authorities
to dispose of the petitioner's representation.
8. Having heard to the submissions made by learned
counsel for both parties and also having regard to the
grievance of the petitioner, the writ petition is disposed of
directing the respondents to consider the petitioner's
representation dated 14.11.2024 and pass appropriate orders,
in accordance with law, within a period of two (2) months
from the date of receipt of a copy of this order. No order as to
costs.
Miscellaneous petitions pending, if any, shall stand
closed.
___________________________
NAMAVARAPU RAJESHWAR RAO, J
Date: 04.02.2025
VV
