An employee whose transfer order is quashed is entitled to service continuity and accrued benefits, but is not entitled to salary for the period of absence if no interim stay was granted during the litigation.

Writ Appeal under clause 15 of the Letters Patent to set aside the Order dated 03.10.2024 passed by the Learned Single Judge in WP No. 2299 of 2022 and may be pleased to pass

IA NO: 1 OF 2025

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased leased to condone the delay of 248 days in filing the present Writ appeal and to pass

IA NO: 2 OF 2025

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to suspend the Order dated.03.10.2024 passed in WP No.2299 of 2022, pending disposal of the above Writ Appeal and pass

The Court made the following:

JUDGMENT:

(Per Hon’ble Sri Justice Battu Devanand)

1. This Writ Appeal has been filed by the State against the order dated 03.10.2024 passed by the learned Single Judge of this Court in W.P.No.2299 of 2022.

2. Heard learned Government Pleader appearing for the appellants and learned counsel appearing for the respondent and carefully perused the material available on record.

3. Both the parties in the appeal will be referred to as they are arrayed in the writ petition for convenience.

4. The facts leading to the filing of present writ appeal are as herein under:-

The petitioner was originally appointed as Junior Assistant in the year 1984and after promotion, he was transferred to the office of the respondent No.4 videproceedings dated 14.05.2013. He reported to duty and joined at Nellore on 22.05.2013 in the office of the respondent No.4. Subsequently, he was transferred from the office of the respondent No.4 vide proceedings dated 22.11.2014 by the District Collector, Nellore contending that the District Collector is not the competent authority to effect the said transfer orders. Thereafter, the petitioner challenged the said proceedings in O.A.No.6839 of 2014 in the Andhra Pradesh Administrative Tribunal. By order dated 05.08.2015, the Andhra Pradesh Administrative Tribunalhas set aside the transfer order dated 22.11.2014 passed by the District Collector, Nellore. Thereafter, the petitioner made representations to the respondent Nos.2 and 3 to pay consequential benefits to the petitioner since 2015 to 2020. Against the inaction of the respondents in taking proper action on his representations, he filed W.P.No.8526 of 2021 and thereafter, the respondent No.3 passed an order rejecting the claim of the petitioner. Aggrieved by the same, the petitioner again filed W.P.No.2299 of 2022. The said writ petition was allowed by a learned Single Judge of this Court, holding that the petitioner is entitled to claim benefit for the periods from 26.11.2014 to 14.10.2015 and directing the respondents to pay all consequential benefits including salary to the petitionerfor the periods from 26.11.2014 to 14.10.2015within three (03) months from the date of receipt of a copy of that order. Against the said order, the State preferred the present Writ Appeal.

5. Learned Government Pleader appearing for the appellants would submit that as there is no stay of the transfer order during the pendency of the original application before the Andhra Pradesh Administrative Tribunal, it has to be treated that the petitioner has unauthorizedly absent from duties. He further contends that though the Tribunal set aside the transfer order, there is no direction with regard to the consequential reliefs to be granted to the petitioner. He further contends that as the petitioner didn’t jointhe duties as per the transfer order