APHC010485092016 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY, THE FIFTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B. KRISHNA MOHAN AND THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA WRIT PETITION NO: 1717 OF 2016 Between: 1. The State of Andhra Pradesh, rep. by its Principal Secretary, Health, Medical and Family Welfare Department Secretariat Hyderabad. 2. The Commissioner, Indian Medicine & Homeopathy Department Government of A.P. Secunderabad. ...Petitioners/ Respondent in O.A. No.2606/2010 AND Dr. S. Naaz Parveen Banu, W/o late Dr. Syed Dawood Miah, Lecturer Mohd. Abdul Haq Unani Medical College, Kurnool R/o H.No.25/03, Peta, Kurnool District. 1. ...Respondent/ Applicants In O.A. No.2606/2010 The Andhra Pradesh Administrative Tribunal, rep. by its Registrar, Purani Haveli, Hyderabad. 2. ...Respondent Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ, order or direction more particularly one in the nature of WRIT OF CERTIORARI calling for the records relating to and connected with orders dated 29-10-2013 in O.A.No.2606/2010 on the file of the Hon'ble A.P. Administrative Tribunal and to quash or set aside the by holding as erroneous and contrary to law. same lA NO: 1 OF 2016rWPMP 2174 OF 2016 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to suspend the operation of the orders dated 29-10-2013 in O.A.No.2606/2010 on the file of the Hon'ble Andhra Pradesh Administrative Tribunal pending disposal of the writ petition. Counsel for the Petitioners: GP FOR SERVICES I, & GP FOR SERVICES IV Counsel for the Respondent No.1 : SRI C. SRINIVASA BABA Counsel for the Respondent No.2 : The Court made the following order: Or APHC010485092016 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3527] TUESDAY,THE FIFTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA WRIT PETITION NO: 1717/2016 Between: 1.THE STATE OF A.P.,PRL.SCY,HEALTH,HYD,&ANOT, REP. BY ITS PRINCIAPL SECRETARY, HEALTH, MEDICAL AND FAMILY WELFARE DEPARTMENT SECRETARIAT HYDERABAD. 2.THE COMMISSIONER, INDIAN MEDICINE & HOMEOPATHY DEPARTMENT GOVERNMENT OF A.P. SECUNDERABAD. ...PETITIONER(S) AND 1.DR S NAAZ PARVEEN BANU KURNOOL ANOT, W/0 LATE DR. SYED DAWOOD MIAH, LECTURER MOHD. ABDUL HAQ UNANI MEDICAL COLLEGE, KURNOOL R/0 H.NO.25/03, PETA, KURNOOL DISTRICT. 2.THE ANDHRA PRADESH ADMINISTRATIVE TRIBUNAL, REP. BY ITS REGISTRAR, PURANI HAVELI, HYDERABAD ...RESPONDENT{S): Counsel for the Petitioner(S): 1.GP FOR SERVICES I (AP) 2.GP FOR SERVICES IV 2 HBKM,J& HAHHS,J W.P.No.l717of2016 Counsel for the Respondent(S): 1.C SRINIVASA BABA 3 HBKM,J & HAHHS,J W.P.No.1717 of 2016 <«> The Court made the following: ORDER: (Per Hon’ble Sri Justice B. Krishna Mohan) Heard the learned counsel for the petitioners and the learned counsel for the 1®' respondent. This writ petition was filed questioning the order in O.A.No.2606 of 2. 2010 on the file of erstwhile Andhra Pradesh Administrative Tribunal Hyderabad, dated 29.10.2013, directing the respondents therein to treat the period of absence of the applicant’s husband late Syed Dawood Miah from 06.06.1992 to 22.01.2002 as leave of availability and then the balance period as per rules and accordingly, sanction the pensionary benefits to the applicant therein by setting aside the proceedings issued in G.O.Rt.No.479, Health Medical and Family Welfare (VC.11.2) Department dated 17.04.2008. The 1®' respondent is the wife of the deceased Mr. Syed Dawood Miah 3. who worked as the Medical Officer in Government Unani Dispensary, Ghatt, Mahabubnagar District. The 1®* respondent filed the above said O.A.No.2606 of 2010 assailing the legality of G.O.Rt.No.479, Health, Medical and Family Welfare (VC.11.2) Department dated 17.04.2008, by which, the orders were passed modifying the punishment given earlier to late Dr. Syed Dawood Miah in G.O.Rt.No.339, HM & FW Department, dated 29.03.2004. She sought a consequential direction to the respondents therein to treat the period of absence from 06.06.1992 to 22.01.2002 as on duty and sanction all pensionary benefits pertaining to him. 4 HBKM,J & HAHHS,J , W.P.No.l717of2016 4. The tribunal after hearing both the parties, allowed the O.A. by setting aside the G.O.Rt.No.479 dated 17.04.2008 and consequentially directed the respondents therein to treat the period of absence of the applicant’s husband from 06.06.1992 to 22.01.2002 as leave availability and then the balance period shall be as per the rules and accordingly, the pensionary benefits shall be sanctioned to the applicant therein. 5. Briefly referred to the facts, the husband of the applicant therein suffered with massive heart attack for more than one occasion and as such, he could not attend to duties as Lecturer/Medical Officer (Unani) from He did not also join in the place of posting at Warangal. Aggrieved by his conduct, the disciplinary authority issued a charge memo to him and upon receipt of' the reply, initiated regular 06.06.1992 to 22.01.2002. departmental enquiry. Department, dated 29.03.2004, he was removed from service besides treating the period as dies-non. Aggrieved by the same, the deceased employee in his life time filed O.A.No.2377 of 2004 before the erstwhile Tribunal and the same was allowed on 18.10.2006 by setting aside the penalty of removal from service and the liberty was given to the disciplinary authority to proceed in accordance with law governing the situation. Basing upon the G.O.Rt.No.339, HM & FW 6. Unfortunately, even before the orders passed in the above said O.A., the said employee/husband of the applicant therein died on 06.10.2006, then his wife/applicant therein/I respondent herein made a representation 5 HBKM,J & HAHHS,J W.P.No.l717of2016 period of absence of her sanctioning leave, for which, he requesting the Government to regularize the husband as on 19.06.1992 to 21.10.2002 for is entitled and to release all the pensionary benefits. Consequent upon the same, the respondents therein has issued the impugned order, which assailed in the above said O.A., treating the above said was absence as dies-non. 7. It is not a case of mis-appropriation to proceed against the legal representatives of the deceased employee for any legality to recover the said amount as on proving of the same in the case of mis-appropriatio n. It i charge for which, whether the deceased IS only a employee is entitled or not treating the period as dies-non or otherwise in erstwhile Tribunal in the above said O.A. and view of the orders passed by the upon representation made by the 1 respondent herein, the ^ ubsequent G.O. authorities therein/the petitioners herein modifying the was issued by the respondent order of punishment by deceased employee as dies-non by treating the absent period of the considering the re-instatement into O.A. passed earlier by the erstwhile Tribunal. service as per the orders of the above said 8. The learned counsel for the petitioners submits that since the said now treated as any other mode of punishment as dies-non. But the order of the Tribunal is reasoned to that effect as passed which is observed as above. proceedings got abated in view of the death of the employee, the above period of absence cannot be other than observation 6 HBKM,J & HAHHSJ W.P.No.l717of2016 9. The erstwhile Tribunal only directed the petitioners herein/respondents therein to see the entitlement of the deceased employee for the purpose of grant of leave and other benefits as per the rules for the period of absence without treating it as dies-non and consequently, the pensionary benefits shall be sanctioned. Hence, we see no reason to interfere with the order of the Tribunal as it is a reasoned one without causing any prejudice to the parties. 10. 11. Accordingly, this Writ Petition is dismissed. Interim order, if any, deemed to have been vacated. There shall be no order as to costs. As a sequel. Interlocutory Applications pending, if any, shall stand closed. //TRUE COPY// Sd/-M. SRINIVAS ASSISTANT REGISTRAR SEC OFFICER To, 1. Two CCs to GP for Services I, High Court of Andhra Pradesh [OUT] 2. Two CCs to GP for Services IV, High Court of Andhra Pradesh [OUT] 3. One CC to Sri C. Srinivasa Baba, Advocate [OPUC] 4. Two CD Copies Cnr A HIGH COURT DATED:15/07/2025 ov 5 2 MUG 2025 ORDER WP NO. 1717 OF 2016 ml ‘3: 09/ ^ . Current Section . DISMISSING THEW.P. WITHOUT COSTS