WP(TR)/2953/2017 of P. GAWTTHAMM Vs The Chief Executive Officer on 31 December 2024

1. The Chief [Executive Officer, ][Z'P'P ][Meda.k' ][Hqrs' at Sangaredddy-q02001']- 2. rhe rioJr, commissioner, -u?u Hill Lanb, Himayatnagar, [Elilii;iiii'nJi'3;q'ii!,,r!1?199i.;' ]Hyd-erabad-500029'[P ][PanchaYati Rai][R: Bhavan' ][1"t]- 2. rhe rioJr, commissioner, -u?u Hill Lanb, Himayatnagar, [Elilii;iiii'nJi'3;q'ii!,,r!1?199i.;' ]Hyd-erabad-500029'[P ][PanchaYati Rai][R: Bhavan' ][1"t]

Lanb, Himayatnagar, " 3. The ii'r"tt.viii Govt. i"i' [or ]i.o. [reranbanal',;pl-ov'itd ]oErrllir"f,i, ti-eir"k, [Principal ]i"d hoor, [Secretary. ]secreitariat, [Hyderabad-]50o 022, ...RESPONDENTS50o 022, ...RESPONDENTS

PetitionunderSection226cPcprayingthatinthecircumstancesstatedintheaffidavitfiledinsupportofthepetition,theHighCourtmaybepleasedtotodirecttheRespondentstopaythesalariesoftheapplicantfromlT-12-2012to26-6-2}l3togetherwithinterestorl}o/op'a'lcurrentmarketrate'asthecasemaybe, on the [delayed ][payment ][from ][1-8- 2013 ][to ][till its ][actual payment ][and ][also to]sanctionallotherconsequentialbenefitssuchasSpl.Gradescaleoncompletionof 8 [years and ][Regular lncrement ][due ][in ][November' 2013' Final ][encashment ][of]leave salary, [monthly pension, ][retirement ][gratuity ][and ][commutation ][value ][of]pension, and to [pay ]the [amount together ][with ][interest ][or ][1\o/o ][p'a' ][/current market]rate, as. the [case may be, from ][their ][respective ][due ][dates ][to ][till ][their ][actual]payment and in respect [of ][FBF ][and ][GIS' ][interest ][on ][the delayed ][payment from]1-6-2l14to [10-10-2014 ][to ][the ][applicant along ][with ][exemplary costs ][of ][Rs' 5'00]lakhs or even [more, ][as ][the ][case ][may ][be ][with ][all ][consequential ][benefits]

l.A. NO: 1OF 2o17(wPMPfiR). NO: 302 0F 20171

Petition under Section 151 CPC praying that in the circumstances stated inthe affidavit filed in support of the petition, the High Court may be pleased toallow the WP together with the CA directing the 3rd respondent to pay a total sumof Rs. 18,57,619.00 1o grards interest @ 18 [o/. ]P.A. compounded anually on thedelayed payments of all the said.due service and terminal benefits and Rs5,00,000.00 towards compensation for sustaining perpetuation of harassment andmental agony and also the exemplary costs towards incurring expenditure on allthe affidavit filed in support of the petition, the High Court may be pleased toallow the WP together with the CA directing the 3rd respondent to pay a total sumof Rs. 18,57,619.00 1o grards interest @ 18 [o/. ]P.A. compounded anually on thedelayed payments of all the said.due service and terminal benefits and Rs5,00,000.00 towards compensation for sustaining perpetuation of harassment andmental agony and also the exemplary costs towards incurring expenditure on allthe said litigations in 3 O.As 4 C.As & W.p. as deemed fit and proper by thisHon'ble court and also to pass orders for lo reimbursement of the lncome Tax tobe payable at 30 % slab rate on the said decretal amount to the petitioner within aper/od of four weeksbe payable at 30 % slab rate on the said decretal amount to the petitioner within aper/od of four weeks Counsel for the Petitioner: SRl. D. BALA KTSHAN RAO

Counsel forthe Respondent No.1: SRI R. CHANDRA SHEKAR REDDy(sc FoR TS ZTLLA PARTSHADS)

Counsel for the Respondent Nos. 2&3:GP FOR SERVICES llThe Court made the following: ORDER

THE HONOURABLE [SMT. JUSTICE T. ][MADHAVI ][DEVI]WRTT PETTTIO[N]No.2953 0F [2017]ORDER:

The petitioner [hled ][O.A.No.628l ][of ][2014 before ][the ][Andhra]Pradesh Administrative [Tribunal ][(for ][short, ][..the ][Tribunal,,) ][seeking ][a]direction to the [respondents ][to ][pay the ][salaries ][of ][the ][petitioner ][from]17.12.2012 to [26.06.2013 ][with ][interest ][at ][the.rate ][of ][18% ][per]annum/current [market rate, ][as ][the ][case ][may be, ][on ][the ][delayed]from [0 ][1 ][.08.201 ][3 to ][till ][its ][actual ][payment ][and aiso ][to]payment sanction all other [consequential ][benefits to the ][petitioner ][along ][with]exemplary costs [of ][Rs.5.00 ][lakhs and ][to ][pass such ][other ][order ][or]orders.

2. Brief facts leading [to the ][fi1ing ][of ][O'A'No'6281 ][of ][2014 before]the Tribunal are [that ][the ][petitioner ][was ][working ][as ][M'P'D'O'' ][M'P'P']Sadhashivapet [in ][Medak ][District ][and ][he ][was ][transferred ][to M'P'P']-R [vide ][procs.No'B ][1/2 ][33612012 dated | ][5'12'20 ][12 ][by]Shankarampet respondent [No.1 ]' The same was [served ][on ][the ][petitioner ][on]17.12.2012 though [he was ][on ][two days' ][casual leave ][on ][17 ]['122012]and 18.12.2012. [The ][petitioner ][therefore ][filed ][O'A'No'9964 ][of ][2012]before the Tribunal [and ][the ][TribUnal granted ][interim ][order ][dated]lt _-_

18.12.2012 dilecting respondent No. I to continue the petitioner asM.P.D.O., NI.P,P. Sadhashivapet duly suspending the proceedingsdated 15.12.2012. Accordingiy, the petitioner reported to duty in theZ.P.P. office on 19.12.2012 and also represented in person on21.12.2012, n:questing to implement the orders of the Tribunal.However, resJrondent No.l issued memo No.B11233612012 dated19.12.2012 insrtructing the petitioner to repofi at his new place ofposting imme<liately i.e., M.P.P. Shankarampet-R, contrary to theorders of t 1e Tribunal. The petitioner therefure filedC.A.No.2019r2012 and after obtaining the reporl frorn respondentNo.1, respondcnt No.2 issued a letter dated 09.01.2013 to respondentNo.3 to set aside the impugned order of respondent No.l as it wasdonc without competency and contrary to the orders issued inG.O.Ms.No.l8 t, dated 10.01 .2012.

3. In the meantime, the Tribunal has passed the hnal judgmentdated 27.02.2C13 in O.A.No.9964 of 2Ol2 by setring aside theproceedings dated 15.12.2012 issued by respondent No.1 anddirecting the respondents to continue the petitioner as M.p.D.O.,Sadhashivapet, N4edak District, despite the fact that the 5'h unofficialrespondent therein (Sri A. Srinivas, M.P.D.O.) has been posted and

3

TMD,Jwptr_2953_2o17

assumed charge at [Sadhashivapet, ][Medak ][District, ][ofi ][11 ]'12'2012'Instead of complying with [the ][directions ][of ][the ][Tribunal, ][the]have [filed ][W.P.No.7878 of ][2013 before ][this Court ][and ][the]respondents same was dismissed [vide ][otder ][dated, ][26.03 ][-2013 ]' [Thereafter, when]the petitioner approached [the ][office ][of ][M.P.P. ][Sadhashivapet ][to take]over the charge, [he ][was not ][permitted ][to ][do ][so, ][and then ][the ][petitioner]had approached the [District ][Collector ][and also ][the ][concerned ][Police]for help. The [petitioner ][therefore ][filed ][C'A'No'156 ][of ][2013 ][in]O.A.No.9964 of [2012 ][and ][the ][same ][was ][disposed ][of ][directing ][the]petitioner to assume the charge [on ][25.06.2013 and ][if ][any ][contingency]arises, to bring [it ][to the notice ][of ][the ][Tribunal ][ot2606'2013' ][When]the petitioner [was, ][not permitted ][to ][join ][the ][office, ][he approached ][the]Tribunal on 26.06.2013 [and explained ][the ][facts and ][circumstances,]and the Tribunal [was pleased ][to ][direct ][respondent ][No'l ][to ][be ][present]before the Tribunal on [03.07.2013 ][along ][with ][the ][details ][of ][action]taken against the [5th ][unofficial ][respondent ][therein and also ][for ][the]smooth running [of ][the office ][of ][M.P.P. Sadhashivapet' ][After ][much]deliberations and [action, ][respondent ][No.1 ][allowed the petitioner ][to]join the duty and take charge on 03.07.2013 [to ][avoid ][penal action]unter the Contempt of [Courts' ][Act. ][Subsequently, ][the ][C'A' ][was]

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closed on 10.(t7.2013, advising the respondents [to ][pay ][thc ][salary ][lor]the period fron 11 .12.2012 to 26.06.2013 to the [petitioncr ][within ][a]period offiftecn days.

4. It is submitted that the petitioner therealler maderepresentationr; for payment of salary but in vain. Subsequently, thepetitioner supr:rannuated on 31.05.2014, but the petitioner was notgiven the salary and was also not sanctioned special grade incrementunder the Autonatic Advancement Scheme due w.e.f. 15.02.2013 andalso regular annual grade increment due w.e.f. 09.1 1.201 I and alsowas not permitted to encash E.L./HPL. Aggrieved thereby, thepetitioner filed O.A.No.628l of 2014 before the Tribunal.

5. At the tirne of admission, the Tribunal had directed therespondents to regularize the period from 17.12.2012 to 26.06.2013 asper the Rules and pass appropriate orders within a period of fourweeks from thr: 6[31" ol receipt of a copy of the order. On abolition ofthe Tribunal. the matter has been transferred to this Court andrenumbered as W.P.(TR).No.2953 of 2017.

6. Respondents No.1 has filed a counter affidavit before this Courtstating that all the payments were made within the prescribed time

limit of six (06) months from the date of retirement, i.e., the finalpayment of the Group Insurance Scheme of Rs.34,648/- and FamilyBeneficiary Fund of Rs.13,163/- were paid to the petitioner. Inrespect of the waiting period for posting, i.e., from 17.12.2012 to26.06.2013 (193) days was sanctioned as compulsory wait videG.O.Rt.No.859, dated2l.l0.20l6 and an amount of Rs.3,78,190/- waspaid to the petitioner. It is stated that the earned leave was alsopermitted to be encashed and a sum of Rs.9,02,305/- was alsoallowed. It is stated that the special grade scale on completion of sixyears of service, as on 15.02.2013 was awarded to the petitioner byrespondent No.1 and an amount of Rs.40,8031 towards arrears in thespecial grade scale was paid to the petitioner on 01.12.2016. [In]respect of the regular annual grade increment due on 09.11.2013, it [is]stated that the arrears was paid along with special [grade ]incrementanears vide Token No.40545, dated 01.12.2016 and subsequently, [the]pay of the petitioner has been fixed in RPS-2015 on his optionexercised on 09.11.2013 at Rs.78,910/-. It is submitted that hismonthly selice pension, retirement gratuity, and commutation ofpension have also been sanctioned as per basic pay in RPS-2015 [vzde]1)

proceedings d;ttcd 26.12.2016. Thus, according to respondent No.1,all the dues have already been paid to the petitioner.all the dues have already been paid to the petitioner.

7. Responclent No.2 has also filed the counter affidavit conhrmingthe said positic,n.

8. Learned counsel for the petitioner confirmed that the paymentshave been macle and he is seeking payment of interest on the delayedpayment. Lealned counsel for the petitioner has placed reliance uponthe decision o1'the Division Bench of this Courl in the case of ChiefExecutive OJlicer, Zilla Parishad, ll/est Godavari District at Eluru v.Smt. B. l/aralakshmi and otherst wherein the payment of interest atthe rate of 12'h p.a. was granted for delayed paymenl ol terminalbenefits.

9. Having regard to the rival contentions and thc material onrecord, this Cor.rrt finds and the petitioner has retired from service inthe year 20Ia., but according to the counter affidavit theby respondents, thc petitioner was paid the retirement benefits only in theyear 2076 by r, arious proceedings. Therefore, there was a delay ofalmost two years in making the payment and the petitioner is thereforeeligible for interest on such delayed pa),ment. The respondents arelzooe 1s1 lrr zro loayt \

To,

therefore directed [to ][pay ][interest ][at the ][rate ][of ][8Yo ][per ][arurum ][on]delayed [payment, ][i.e., after expiry ][of ][six ][months ][from ][the ][date ][of]retirement till [the ][date ][of ][actual ][payment']

r0.Accordingly, [this ][Writ ][Petition ][is ][allowed' ][There ][shall ][be no]order as to costs.

miscellaneous [petitions, ][if ][any, shall also ][stand]Pending dismissed.

SD/.K. AMMAJI

ASSISTANT [REGI9TRAR]//TRUE COPY//SECTION 6rrtceR

'1 . The Chief Executive Officer, Z'P'P' [MeQqk'-Hq1s, ][at ][SangaredddY-50200,1,]i. iii; d;;r-''""on1r., [punJiu'vrii ][na; ][ana ]F [E ]i [T9l9l99la' ][P'R' ][Bhavan' ][t*]i. iii; d;;r-''""on1r., [punJiu'vrii ][na; ][ana ]F [E ]i [T9l9l99la' ][P'R' ][Bhavan' ][t*]

;i!"4Ydili.i[ru^djflI"pT#,:fl"1;iiq1""r:,Bs,im,"]:ffi lrl?*,(Estt.Vll) and R.D. [DePa](Estt.Vll) and R.D. [DePa]

?|,l%'3.[to ][Gp FoR sERVtcES ][tt, ][High ][court ][for the ][siate ][of ][relansana, ][at]Hvderabad [OUT]Hvderabad [OUT]s irl'"""c6i,i irl'"""c6i,i 5nr.'b. [[BALA ]][[KIsHAN RAo, ][Advocate ][IoPUcl]][[Advocate ][IoPUcl]][[IoPUcl]][[ron ][rs ztlm]][[rs ztlm]][[ron ][rs ztlm]][[rs ztlm]]

s irl'"""c6i,i irl'"""c6i,i 5nr.'b. [[BALA ]][[KIsHAN RAo, ][Advocate ][IoPUcl]][[Advocate ][IoPUcl]][[IoPUcl]]6. one cc to [sRl. ][R ][cHAGd;'stiiKA'R'CEbnV(sc ][[ron ][rs ztlm]][[rs ztlm]]PARISHADS) [OPUC]6. one cc to [sRl. ][R ][cHAGd;'stiiKA'R'CEbnV(sc ][[ron ][rs ztlm]][[rs ztlm]]PARISHADS) [OPUC]

7. Two CD [CoPies]

BM

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BS

HIGH COURT

TMD,J

DATED:31 11212024

ORDER

1n[a ][s ][r4I]€(eJo2S [jrrl ][?025]tIie.s PATCI[,;o][ f]

WP(TR).No.2953 ot 2017

ALLOWTNG THE WRIT PETITTON (TR)WITHOUT COSTSnYn-?) ,/frrt.[q