APHC010345612025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3565] MONDAY,THE SECOND DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE BATTU DEVANAND THE HONOURABLE SRI JUSTICE SUBHENDU SAMANTA WRIT APPEAL NO: 800/2025 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 Between: 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS SECRETARY, FINANCE AND PLANNING DEPARTMENT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, A.P 2. THE STATE OF ANDHRA PRADESH,, REP BY ITS SECRETARY, SOCIAL WELFARE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, A.P 3. THE DIRECTOR OF SOCIAL WELFARE,, TADEPALLI, AMARAVATHI, GUNTUR DIST., A.P 4. THE DEPUTY DIRECTOR,, SOCIAL WELFARE, SPSR NELLORE DISTRICT, NELIORE ...APPELLANT(S) AND 1. A BHASKAR RAO, S/o Prabhudas, age 63 years. Superintendent (Retired), R/o H. No. 355 Harijanapalem, PeddaDornala, Peddadornala Mandal, Prakasam Dist., (A.P) ...RESPONDENT IA NO: 1 OF 2025 2 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 Counsel for the Appellant(S): 1. GP FOR SERVICES II Counsel for the Respondent: 1. T V V KOTESWARA RAO The Court made the following: 3 THE HON’BLE SRI JUSTICE BATTU DEVANAND & THE HONOURABLE SRI JUSTICE SUBHENDU SAMANTA WRIT APPEAL NO.800 of 2025 JUDGMENT:(Per Hon’ble Sri Justice Battu Devanand) 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 4 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 5 the transfer order till disposal of the O.A. by the APAT and as such, he is not entitled for any salary during that period.To substantiate his argument, he placed reliance on the order of the Hon’ble Apex Court in the case of The Tamil Nadu Agricultural University &ANR.ETC vs.R.AGILA ETC1. 6. On perusal of the same, it appears that while considering a case in identical circumstances, the Apex Court held as extracted herein under at Para No.18: “18. Despite there being no interim order in their favour. respondent nos. 4 and 7 continued to remain absent after being relieved from their original place of posting. As such, this Court is not inclined to extend any benefit of salary for the period of unauthorised absence. However, as the transfer order was quashed by the learned Single Judge, their service periods shall continue to be treated in continuity, and they would be entitled to whatever other benefits accrued to them due to this continuity, but no salary for the said period of unauthorised absence.” 7. In the said case, the Hon’ble Apex Court is not inclined to extend any benefit of salary for theperiod of unauthorized absence. In view of the fact that, there was no interim order in favour ofrespondent Nos.4 and 7 therein, they continued to remain absent after being relieved from their original place of posting. However, the Hon’ble Apex Court has considered that, as the transfer order was quashed by the learned Single Judge, their service periods shall continue to be treated in continuity and also held thatthey would be 1Petitioner(s) for Special Leave to Appeal (c) No(s).13070-13075/2022 6 entitled to whatever other benefits accrued to them due to the continuity, but no salary for the said period of unauthorized absence. In our considered view, the facts of the case decided by the Hon’ble Apex Court are squarely covered in the present case also. In the present case, in the absence of any interim order granted by the APAT, the petitioner continued to remain absent after relieving from the original place. He joined into service only after disposal of the original application filed by him in the APAT after quashing the transfer order. 8. In view of the same, considering the facts and circumstances of the case and by following the judgment of the Hon’ble Apex Court stated (supra), this appeal is partly allowed, modifying the order of the learned Single Judge to the extent holding that the petitioner is not entitled for the salary to the period from 26.11.2014 to 14.10.2015. 9. It is made it clear that in view of the fact that the transfer order was set aside by the administrative tribunal, the petitioner’s service period shall continue to be treated in continuity and he would be entitled to whatever other benefits accrued to him due to the continuity. 10. In view of the above, the Writ Appeal is partly allowed. 11. Learned Government Pleader for the appellants brought to the notice of the Court that the writ petitionerretiredfrom service on attaining the age of superannuation on 30.06.2020. In view of the same, the appellants 7 shall settle all his retirement benefits as expeditiously as possible as per the directionsissued herein above. 12. There shall be no order as to costs. As a sequel, Interlocutory Applications pending, if any, shall stand closed. __________________________ JUSTICE BATTU DEVANAND ____________________________ JUSTICE SUBHENDU SAMANTA Date:02.03.2026 SA/SCS 8 83 THE HON’BLE SRI JUSTICE BATTU DEVANAND & THE HONOURABLE SRI JUSTICE SUBHENDU SAMANTA WRIT APPEAL NO: 800/2025 Date: 02.03.2026 SA/SCS