HON’BLE MRS. JUSTI CE SUREPALLI NANDA WRI T PETI TI ON No.30839 OF 2022

ORDER:

Heard Sri Bethi Venkateshwarlu, learned counsel appearing on behalf of the petitioner, learned Assistant Government Pleader for Municipal Administration and Urban Development appearing on behalf of the respondent No.1, Sri Pasham Krishna Reddy, learned Standing Counsel for GHMC appearing on behalf of the respondent No.2 and Sri G.Narayana, learned Standing Counsel for Service Matters appearing on behalf of the respondent No.3.

2. The petitioner approached the Court seeking prayer as under:

“....to issue an appropriate writ, order or direction more particularly one in the nature of writ of Mandamus, declaring the action of the respondents in not considering the petitioner’s several representations dated. 01-11-2021, 18-11- 2016, 03-11-2016, 18-10-2013, 04-08-2011 & 04- 05-2009 and not implementing the order issued vide proceedings No.1374/GA/OP3/GHMC/2009- 3372, dated 10-02-2009 by the respondent No.2 in pursuance to the order dated 05-02-2007 in OA No.3480 of 2004 passed by the Hon’ble A P.

Administrative Tribunal at Hyderabad and not paying the subsistence allowance amount of Rs.2,73,391/- and provisional pension amount along with interest amount of Rs.7,87,366/- together with compensation amount of Rs.4,00,000/- to the petitioner, even after lapse of (15) years, to till this date, as highly arbitrary, bad, illegal, contrary to the provisions of TS Revenue Act and violation of the articles of the constitution of India and consequently direct the respondents to pay the subsistence allowance amount of Rs.2,73,391/- and provisional pension amount along with interest amount of Rs.7,87,366/- together with compensation amount of Rs.4,00,000 to the petitioner forthwith and pass such other order or orders in the circumstances of the case.”

3. The case of the petitioner, in brief, is that the petitioner was appointed as Bill Collector on 03.09.1956 and had unblemished and meritorious service record. Due to ill health, he submitted leave applications and later, sought voluntary retirement in the year 1990. However, petitioner’s services were terminated without serving removal order or following procedure. The petitioner submitted representations to the respondent authorities, however, no action was taken by the respondent authorities. The petitioner filed O.A.No.3480 of 2003 before the Andhra Pradesh Administrative Tribunal and the Tribunal directed the respondents to pay subsistence allowance and provisional pension. Despite the said order, the respondents failed to comply. The petitioner submitted several representations from 2009 to 2021, but no action had been taken on the said representations. Aggrieved by the same, the petitioner approached the Court by filing the present writ petition.

PERUSED THE RECORD:

4. On an earlier occasion, the petitioner approached the A.P.Tribunal by filing O.A.No.3480 of 2004 and the same was disposed of vide orders dated

05.02.2007 observing as under:

“4. As a specific plea has been made by the applicant in the O.A that the respondents have not served the termination orders on him, the respondents were directed to produce the acknowledgments of service of termination orders dated 08-03-1996. The respondents could not produce the acknowledgment of service of termination orders. I n view of such circumstances, the applicant is entitled to subsistence allowance till the date of his retirement and thereafter provisional pension till the termination orders are served on the applicant, in accordance with the rules.

5. I n view of such circumstances, this O.A is disposed of by directing the respondents to pay subsistence allowance till the applicant attained the age of superannuation and thereafter to pay the provisional pension till the termination orders are served on him, in accordance with the rules. The said arrears of subsistence allowance and provisional pension shall be paid within a period of four months from the date of receip