IN THE HIGH COURT OF ANDHRA PRADESH AMARAVATI (Special Original Jurisdiction) FRIDAY, THE SEVENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE ^ PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 24852 OF 2017 ^ Between: Retired Assistant 8/^-7. Koti Nagar. Police Colony, Krishnalanka Engineer, R/o. 61- Vijayawada, Krishna ...Petitioner— AND 1. The Andhra Pradesh State Housing Corporation Ltd Reo bv itq Managing Director, Himayat Nagar Hyderabad ^ 2. The Collector & Executive Director, APSHC Limited, Machilipatnam Krishna Dist. ...Respondents, Petition under Article 22^of the Constitution of India praying that in the circumstances stated in the affidavit fiied therewith, the High Court be pleased to issue a Writ, order or direction especially one , Writ of Mandamus declaring fhat the petitioner is entitled for payment of full Salary for the period of may in the nature of suspension from 1-8-2008 to 19-12-2010 and the action of the Respondents in limiting the allowances already paid is illegal and arbitrary and discriminatory violating of Articles 14 and 16 of the Constitution same to the subsistence of India. LA. NO: 1 OF 2012(WPMP. NO: 317^ OF Petition under Section tsrcPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents to pay full salary to the petitioner for fhe period from 1-8-2008 to 19-12-2010, pending disposal of the WP.^ Counsel for the Petitioner: SRI M SURENDER RAO Counsel for the Respondents: SRI E V JAGANNADHA RAO (SC FOR AP STATE HOUSEING COOPtTTD) Counsel for the Respondents: . The Court made the following order: r. APHC010068242012 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] FRIDAY ,THE SEVENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 24852/2012 Between: ...PETITIONER B. Subba Rao, S/o. Sri Kotaiah AND The Andhra Pradesh State Housing Corporation Ltd and Others Counsel for the Petitioner: 1.MSURENDERRAO Counsel for the Respondent(S): 1. E V JAGANNADHA RAO (SC FOR AP STATE HOUSEING COOP LTD) ...RESPONDENT(S) The Court made the following : II2II WP.No.24852 of 2012 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 24852/201? ORDER: 1. The petitioner is challenging the denial of full salary for the period of suspension from 01.08.2008 to 19.12.2010. 2. The learned counsel for the petitioner submits that petitioner while working as an Assistant Engineer with the respondent was placed under suspension on 01.08.2008 on the allegation of committing irregularities in execution of houses at Bapulapadu Mandal Krishna District Indiramma Housing Scheme Phase-1. In that regard the petitioner was imposed a major punishment of dismissal from services besides ordering recovery of an amount of Rs.50,085/-together with 12% interest. The petitioner filed WP.No. 18393 of 2008 challenging the order of dismissal and the subsequent recovery. This Court had set aside the order of dismissal and in pursuance of the orders the petitioner was reinstated into service on 18.07.2009. The enquiry officer was appointed and the enquiry officer submitted his report and it was found that the charges framed against the petitioner were not proved. As such the further proceedings against the petitioner were dropped. the under WP.No.24852 of 2012 The respondents vide proceedings dated 30.06.2011 also regularized the services of the petitioner during the period of suspension i.e., 01.08.2009 to 19.12.2010. 3. The learned counsel for the petitioner the respondents vide proceedings dated regularized the petitioner’s submits that when 30.06.2011 have services during the period of suspension as on duty in terms of F.R.54-B(3). However, limited pay and allowance to the petitioner for the period of suspension to subsistence allowance and it is also paid to the petitioner. 4. The learned counsel for the petitioner submits FR.54-B(3) reads as follows (3) mere the authority competent to order reinstatement is of the wholly unjustified, the Government the provisions of sub-rule (8), be paid the allowances to which he would have been not been suspended and the learned opinion that the suspension was servant shall subject to full pay and entitled, had he counsel for the petitioner submits that the petitioner is entitled for full pay and allowances as the suspension was wholly unjustified. 5. No counter is filed though the writ petition is filed in the year 2012. There is no representation for the respondents today. 1141/ WP.No.24852 of 2012 6. However, considering the submissions of the learned counsel for the petitioner, it is evident that the proceedings dated 30.06.2011 issued by the respondent categorically imply and indicate that the suspension period of the petitioner from 01.08.2009 to 19.12.2010 have been regularized. It is also stated in the said proceeding that the enquiry officer submitted his findings against the charged officer holding that the charges framed against the petitioner were not proved. In such circumstances, the has to be held as wholly unjustified and when V. suspension the suspension is unjustified the petitioner is entitled for full pay and allowances during the period of suspension as is mandate under F.R.54-B(3). In these circumstances the writ petition is allowed directing the respondents to calculate the balance payable to the petitioner after having considered his services as on duty the during period of 01.08.2009 to 19.12.2010. The from suspension respondents shall calculate difference of pay due payable to the petitioner after deducting the subsistence allowance which is already paid to the petitioner. WP.No.24852of2012 7. In the result, costs. As a sequel, miscellaneous stand closed. the writ petition is allowed i•n part without petitions pending, if any, shall That Rule Nisi has been made absolute as above witness the Hon’ble Sri Dhiraj Singh Thakur, The Chief Justice on this Monday, The Seventh day of February, Two Thousand and Twenty Five. Sd/- M RAMESH BABU DEPUTY REGISTRAR SECTI^ OFFICER The Managing Director, Andhra Pradesh State Housing Corporation Ltd., Himayat Nagar, Hyderabad. The Collector & Executive Director, APSHC Limited, Machilipatnam Krishna Dist. ^ One CC to Sri M Surender Rao, Advocate [OPUC] One CC to Sri E V Jagannadha Rao, (SC for A.P.STATE HOUSEING COOP. LTD.) [OPUC] Two CD Copies //TRUE COPY// To, 1. 2. 3. 4. 5. RAM tr» HIGH COURT DATED:07/02/2025 ORDER WP.No.24852 of 2012 g( 18 SEP 2025 fo* ^^SsQjjrrent SectjgpxC^ PARTLY ALLOWING THE WP WITHOUT COSTS