The Director Of Public Health And Family Welfare vs. S. Arunachalam
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Order Issued After Hearing
Purpose:
Disposed
Before:
Hon'ble B Krishna Mohan , A. Hari Haranadha Sarma
Listed On:
7 May 2025
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Order Text
APHC010295962019
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)
[3527]
WEDNESDAY ,THE SEVENTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN
THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA
WRIT PETITION NO: 14061/2019
Between:
The Director Of Public Health And Family Welfare ...PETITIONER
AND
S.Arunachalam and Others ...RESPONDENT(S)
Counsel for the Petitioner:
1.GP FOR SERVICES IV
Counsel for the Respondent(S):
1.C SRINIVASA BABA
The Court made the following:
ORDER: (Per Hon'ble Sri Justice B. Krishna Mohan)
Heard the learned counsel for the petitioners and the learned counsel for the 1st respondent.
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This writ petition was filed questioning the order of the erstwhile Tribunal passed in O.A.No.6426 of 2015, dated 25.10.2018. The Tribunal upon consideration of the matter on merits set aside the G.O.Ms.No.6, dated 22.01.2015 and directed the 1st respondent therein to restore full pension to the applicant therein along with arrears, if any, within a period of two (02) months from the date of receipt of the said order.
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Since the allegation levelled against the 1st respondent/applicant therein was not established in the departmental proceedings, which has become final and at the instance of the proceedings of the UpaLokayuktha, the Government attempted to exercise power under Rule 27 of the C.C.A. Rules, without conducting any enquiry and without setting aside the earlier proceedings which became final departmentally, the impugned proceeding of the above said G.O.Ms.No.6, dated 22.01.2015 was issued imposing 5% cut in the pension permanently for the 1st respondent/applicant therein. The Tribunal elaborately discussed and assigned the reasons which are just and reasonable and as such we see no reason to interfere with the order of the Tribunal.
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Accordingly, this Writ Petition is dismissed. There shall be no order as to costs.
As a sequel, Interlocutory Applications pending, if any, shall stand closed.
__________________________ JUSTICE B. KRISHNA MOHAN
__________________________________ JUSTICE A. HARI HARANADHA SARMA
Dt: 07.05.2025 sj
HBKM,J&HAHHS,J W.P.No.14061 of 2019
64
THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA
WRIT PETITION NO: 14061/2019
Dt: 07.05.2025 sj