Madanapalle Municipality vs. K Ramana

Court:High Court of Andhra Pradesh

Judge:Hon'ble G.Narendar

Case Status:Unknown Status

Order Date:22 Sept 2023

CNR:APHC010457422023

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HIGH COURT OF ANDHRA PRADESH :: AMARAVATI

SL.<br>NO.	DATE	ORDER
2.	22.09.2023	DVSS, J<br>& DVR,J
		I.A.No.2 of 2023
		Heard<br>the<br>Sri<br>O.Manohar<br>Reddy,
		learned<br>senior<br>counsel<br>appearing<br>for<br>the
		appellant<br>and learned counsel for the writ
		petitioner. They are also relying upon the
		judgments which are produced in this Court.
		Learned counsel for the writ petitioner
		submits that unless and until the salary is
		paid out of the consolidated fund of the
		State,<br>Rule<br>14<br>of<br>1980<br>revised<br>pension
		Rules, would not be applicable.
		The plain language interpretation of
		the Rule makes it clear.
		However, learned counsel for the writ
		petitioner points out that in case of similar
		placed employee in the Municipality only, an
		order was passed in W.P.No.34522 of 2016.
		Learned senior counsel appearing for
		the appellant also produced certain case
		laws<br>along with a memo. These are the
		matters which needs to be reconciled at a
		final hearing.
		Writ<br>petitioner<br>already<br>retired<br>from
		service.<br>The<br>issue<br>is<br>about<br>payment<br>of

SL.<br>NO.	DATE	ORDER	OFFICE<br>NOTE
		pension. Some pension is being paid too.
		Hence, there shall be an interim<br>stay of
		order of the learned Single Judge passed in
		W.P.No.17982 of 2023 dated 07.08.2023.
		_______<br>DVSS,J
		______<br>DVR,J<br>W.A.No.905 of 2023
		List on 13.10.2023.
		In the meanwhile, learned counsel for
		the respondents can file their counters.
		_______<br>DVSS,J
		______<br>DVR,J<br>AG/KGR