HON’BLE MRS. JUSTI CE SUREPALLI NANDA WRI T PETI TI ON No.30523 OF 2022

ORDER:

Heard petitioner appearing as party-in-person and learned Assistant Government Pleader for Services-I I appearing on behalf of the respondents.

2. The petitioner appearing as party-in-person approached the Court seeking prayer as under:

“…to issue Writ Order or direction more particularly one in the nature of Writ of Mandamus declaring the inaction of the Respondents No. 1 to 3 for not granting service benefits like special increments promotion regularization of suspension period with full pay, as illegal and arbitrary and is in violation of Article 14,16 and 21 of the Constitution of India and consequently implement the Order in O.A. No. 6489 of 2010 and pass…”

3. The petitioner through I .A.No.01 of 2025 sought permission of this Court to make submissions as party-in- person and the same had been ordered, accordingly as prayed for.

4. The case of the petitioner in brief as per the averments made in the affidavit filed by the petitioner in support of the present Writ Petition is as under:-

The petitioner was working as a second-grade teacher, and was placed under suspension by orders dated 23.06.2006.Aggrieved by the suspension order, the petitioner filed O.A. No. 3983 of 2006 before the Hon’ble Administrative Tribunal, which by its order dated 29.11.2006, directed the respondents to complete the disciplinary proceedings within four months. Subsequently, by order dated 20.08.2007, a punishment of withholding the petitioner’s three increments was imposed by respondent No.3 and the petitioner was reinstated on 05.09.2007.

It is specific case of the petitioner that there was no proper enquiry conducted as per A.P. Civil Services Rules, and the petitioner was denied an opportunity to defend himself. The petitioner filed O.A. No. 6489 of 2010 before the Tribunal, which by order dated 18.04.2013, set aside the punishment orders as illegal and arbitrary.

Despite the Tribunal’s directions, the respondents failed to release the monetary benefits, including special increments and regularization of the suspension period. The petitioner made multiple representations, including one dated 03.07.2019, to Respondents 2 and 3 and based on this, the Commissioner of School Education, Hyderabad, issued proceedings dated 08.08.2019 directing the Regional Joint Director to take necessary action. However, no action has been taken till date.

It is specific case of the petitioner that the petitioner also filed an application under the Right to Information Act on 09.09.2020, seeking information regarding the action taken on the petitioner’s representation, dated 03.07.2019. Upon receiving no response, the petitioner filed a First Appeal on 23.10.2020 and a Second Appeal on 28.11.2020 before the State Information Commission. The Commission, vide order dated 23.04.2021, directed the Public Information Officer to furnish a reply within one week. Till date, the directions of the Commission remain uncompiled with. Aggrieved by the same the petitioner filed the present writ petition.

5. PERUSED THE RECORD:-

A. The relevant portion of the order of the APAT, at Hyderabad, dated 18.04.2013 passed in O.A.No.6489 of

2010 is extracted hereunder:-

10) In the result, the O.A. is allowed. The impugned Proceedings in Rc.No.23045/C3/2006, dated 20.8.2007 issued by the 2nd Respondent and proceedings in Rc.No.4560/B2-2/A1/2007, dated 19.1 2008 issued by the 1st Respondent are set aside as illegal, arbitrary and contrary to A.P. Civil Services (Classification, Control & Appeal) Rules and violative of principles of natural Justice. However, this Order does not preclude the Respondents to proceed with the enquiry by following Rules 20 and 21 of A.P. Civil Services (Classification, Control & Appeal) Rules, 1991, if they intend to conduct regular enquiry against the applicant. No order as to costs.

B. The proceedings Rc.No.1368/ Ser.I V-1/ 2019, dated 08.08.2019 issued by the Commissioner, School Education, Tel