Delay in enforcement of administrative tribunal orders can bar relief unless justified; parties must approach timely and maintain diligence.

ORDER :

A. Hari Haranadha Sarma, J.

This Writ Petition is filed invoking Article 226 of the Constitution of India with a prayer to issue Writ, Order or direction more particularly in the nature of Writ of Mandamus by declaring the action of the respondents in not implementing the order passed by the erstwhile Andhra Pradesh Administrative Tribunal [for short referred as 'APAT' or 'Tribunal'] in O.A.No.8678 of 2011, dated 08.11.2011 counting the daily wage service from the date of completion of five years in calculating the qualifying service for fixation of pensionary benefits as illegal, arbitrary and violative of principles of natural justice and consequently direct the respondents to implement the orders of APAT dated 08.11.2011 passed in O.A.No.8678 of 2011.

2. The writ petitioners herein are the applicants before the erstwhile APAT.

Factual matrix and sequence of events :

3. [i]. Extending the benefit of G.O.Ms.No.212, Finance (PC.III) Department dated 22.04.1994, the services of applicants were regularized with effect from 24.12.2010. The contention of the applicants is that they rendered service on a daily wage basis and their services are to be regularized either with effect from 25.11.1993 or from the date of completion of five years of service, they put in as daily wage basis and such calculation of qualifying the service shall be taken into account for fixing the pension etc. benefits. The applicants also prayed for holding G.O.Rt.No.1472 MA&UD dated 24.12.2010 as illegal, arbitrary in not granting the seniority on daily wage service with all attendant benefits.

[ii] When the matter came up for hearing, the erstwhile APAT taken note of OA.No.8095 of 2008 and the orders therein, and allowed the OA.No.8678 of 2011 of the petitioners on 08.11.201, in tune with the orders passed in OA.No.8095 of 2008, observing that the applicants are entitled for regularization of services in terms of G.O.Ms.No.212, and they are entitled for notional fixation of pay, while directing the orders passed in O.A.No.8095 of 2008 dated 19.01.2011 shall be annexed to the orders in O.A.No.8678 of 2011 dated 08.11.2011, which suggests that the orders in O.A.No.8095 of 2008 are part and the basis for the orders now sought to be implemented.

Contention of the Writ Petitioners:

4. [i] They are entitled for the benefit of G.O.Ms.No.212, dated 22.4.1994.

[ii] Their services were regularized vide G.O.Rt.No.1472 MA&UD, dated 24.12.2010 prospectively from the date of issuing of orders, without granting seniority from the date of completion of five years.

[iii] O.A.No.8678 of 2011 filed was allowed, and they received orders in the third week of November. They are continuously approaching the respondents.

[iv] They got issued a legal notice dated 01.04.2016.

[v] The orders in O.A.No.8678 of 2011 became final. Therefore, they shall be implemented.

Contention of the Respondents:-

5. [i] G.O.Rt.No.1472, MA&UD dated 24.12.2010 was issued in terms of G.O.Ms.No.212, dated 22.04.1994, with prospective effect and the Minimum Time Scale was given to the petitioners in the year 2009. G.O.Rt.No.1471, dated 24.12.2010 was issued and regularization proceedings were issued vide RC.No.4066 of 2010, dated 07.01.2011, regularizing the service of the applicants against the clear vacancies of Public Health Workers with prospective effect.

[ii] OA.No.8678 of 2011 filed by the applicants was allowed on 08.11.2011 in terms of the orders of OA.No.8095 of 2008 dated 19.01.2011, directing the regularization of applicants' services and for notional fixation of pay.

[iii] The applicants did not take any steps for enforcement of the orders of the APAT in OA.No.8678 of 2011, dated 08.11.2011 for nearl