HON'BLE SRI JUSTICE A.V.SESHA SAI AND HON'BLE SRI JUSTICE G.RAMAKRISHNA PRASAD

W.P.No.22679 of 2022

ORDER: (per AVSS,J)

Heard Sri A.V.V.S.Bhujanga Rao, learned counsel for the petitioner and Sri K.Bheema Rao, learned Government Pleader for Services III for respondent Nos.1, 4, 5 and 9, Sri N.Aswartha Narayana, learned Government Pleader for Services-I for respondent Nos.3, 6 to 8.

Non-implementation of the order dated 28.11.2012 passed by the Andhra Pradesh Administrative Tribunal (herein after called 'the Tribunal') in O.A.No.9335 of 2012, is the grievance of the petitioner in the present Writ Petition,

The Tribunal by way of an order dated 28.11.2012 allowed the Original Application filed by the petitioner herein and the operative portion of the said order reads as follows:

"As the subject of this O.A is squarely covered by the order passed by this Tribunal in O.A.No.8905/2008, this O.A. is also allowed on similar lines, directing the respondents to arrange for payment of Rs.2,49,815/ recovered from the Gratuity of the applicant on proper acknowledgment, within a period of four weeks from the date of receipt of a copy of this order."

A perusal of the said order shows that the Tribunal allowed the said Original Application by following the earlier order passed by the Tribunal. It is also not in controversy that as against the order passed in similar Original Applications, the authorities filed Writ Petitions before this

Court vide W.P.No.33315 of 2013 on 22.06.2020. It is also not in dispute that pursuant to the order passed by this Court in the said Writ Petition and similar Writ Petitions, the Government of Andhra Pradesh vide memo No.1392724/ Ser.II/A.1/2021, dated 28.08.2021, accorded permission to the Director of School Education to implement the orders regarding revision of pension and refund of recovered amount.

It is submitted by the learned counsel for the petitioner that though the order passed by the Tribunal so also the order passed by this Court have attained finality, no positive action has been taken by the respondents herein in the direction of implementing the order passed by the Tribunal. Since the order passed by the Tribunal has attained finality, this Court does not find any justification on the part of the respondents in not implementing the order passed by the Tribunal.

For the aforesaid reasons, Writ Petition is disposed of, directing the respondents to implement the order dated 28.11.2012 passed by the Tribunal in O.A.No.9335 of 2012, as expeditiously as possible, preferably within a period of three (3) months from the date of receipt of a copy of this order. There shall be no order as to costs.

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Consequently, Miscellaneous Petitions, if any, pending shall stand closed.

__________________________ JUSTICE A.V.SESHA SAI

_____________________________________ JUSTICE G.RAMAKRISHNA PRASAD

Date:27.07.2022

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HON'BLE SRI JUSTICE A.V.SESHA SAI AND HON'BLE SRI JUSTICE G.RAMAKRISHNA PRASAD

WRIT PETITION No.22679 of 2022

27.07.2022

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