HONOURABLE SMT. JUSTICE V.SUJATHA

WRIT PETITION No.17949 of 2015

ORDER:

This present Writ Petition came to be filed under Article 226 of

the Constitution of India seeking the following relief:

"…to issue an appropriate writ, order or direction, preferably one in the nature of Writ of Mandamus to declare the action of the Respondents are not releasing the salary of the petitioner form 17.07.2014 to till date, though, she was regularly discharging her duties as Senior Mate in Thirivireddipalli Gram Panchayat, Penumar Mandal, Chittoor District is highly illegal, arbitrary, unreasonable, discriminatory and also, in violation of Articles 14, 16 and 21 of Constitution of India and declare the same as bad in law and consequently direct the respondents to release and pay the salary to the petitioner which is due from 17.07.2014 to till date …"

2. The case of the petitioner is that, she was initially appointed as a Field Assistant on 01.04.2006 in Tirivireddipalli Gram Panchayat, Penumur Mandal, Chittoor District. While so, the Programme Officer of Penumur Mandal has issued a report stating that the petitioner is not discharging her duties regularly and on such report, the proceedings dated 10.09.2013 were issued by the 4th respondent calling for explanation of the petitioner, for which, the petitioner has submitted an explanation on 04.10.2013 by ventilating all her grievances for not attending her regular duties.

3. Though the petitioner has submitted her explanation, the 4th respondent was not convinced and had issued proceedings dated 16.11.2013 by keeping the petitioner out of employment permanently by duly directing the petitioner to submit an appeal to the 2nd respondent. As such, the petitioner has submitted an appeal on 25.11.2013 before the 2nd respondent and thereafter, the petitioner has filed a Writ Petition in W.P.No.12927/2014, dated 24.04.2014 wherein this Court has directed the 2nd respondent therein to dispose of the statutory appeal said to have been filed by the petitioner on 25.11.2013 on an objective consideration and pass appropriate orders thereof as expeditiously as possible.

4. Pursuant to the orders passed by this Court in the above writ petition, the petitioner has submitted an application dated 12.05.2014 to the 4th respondent, for which the 4th respondent issued a notice dated 13.06.2014 to the petitioner in the appeal pending before him for personal hearing before the 2nd respondent on 21.06.2014. After due consideration of the same, the 2nd respondent has allowed the appeal and reinstated the petitioner into service vide proceedings dated 30.06.2014.

5. After receiving the above reinstatement order, the petitioner has reported for duty on 17.07.2014. The main grievance of the petitioner is that though the petitioner is discharging her regular duties, she is not being paid the salary, aggrieved by which, the petitioner has made several representation to the respondents. As no action has been taken on the said representations, the petitioner has filed the present writ petition.

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6. When the writ petition came up for admission, this Court was pleased to pass the following interim order:

"Under these circumstances, there shall be interim direction to the respondents to pay salary to the petitioner within a period of two weeks from the date of receipt of a copy of this order."

7. The respondent No.4 has filed a counter affidavit, stating that in pursuance of the disciplinary proceedings initiated against the petitioner, the petitioner was terminated from services on 06.11.2013. Thereafter, in an appeal preferred by the petitioner, the 2nd respondent herein has passed the orders dated 12.07.2014 by allowing the appeal by ordering to reinstate the petitioner. Basing on the order of the Appellate Authority, this respondent reinstated the petitioner vide proceedings dated 30.06.2014 and the petitioner has attended to duty on 17.07.2014 as Senior Mate. But, however, the petitioner's name is not displayed in the system for withdrawal of her salary due as already, one FA is working in the Gram Panchayat. Subsequently, the Commissioner Rural Development has ordered for making the software provision to generate the pay orders in favour of the petitioner and accordingly, the salary due to the petitioner from 17.07.2014 to July 2015 was credited to the petitioner's account on 09.09.2015, to a tune of Rs.30,940/-, which has also been acknowledged by the petitioner. The salary has been paid to the petitioner and thereafter the petitioner is being paid salaries regularly every month.

8. In view of the counter contents, it appears that the petitioner is being paid salary regularly pending this writ petition. As such, this Court feels it appropriate to dispose of this writ petition by directing the respondents to pay the salaries regularly in future to the petitioner without any default till she attains the age of superannuation.

9. Accordingly, with the above direction, this Writ Petition is disposed of. There shall be no order as to costs.

As a sequel, miscellaneous application, pending, if any, shall also stand closed.

______________________ JUSTICE V.SUJATHA

Date: 03.05.2023 kbs

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HONOURABLE SMT. JUSTICE V.SUJATHA

(Disposed of)

WRIT PETITION No.17949 of 2015

Date: 03.05.2023

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