GOVERNMENT OF ANDHRA PRADESH

GOVERNMENT OF ANDHRA PRADESH

ABSTRACT

APM&H(Dental) Services - Dr. C. Harinath, Deputy CivilSurgeon (Dental) (Sinnce retired) - Regularisation of certain period and assigningnotional seniority - Orders - Issued - Further orders - Issued.

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HEALTH, MEDICAL & FAMILYWELFARE (A1) DEPARTMENT

G.O. Ms. No.142. Datedthe 22nd April, 2000.

Read the following:

1. G.O.Ms.No.478, HM&FW(A1) Dept.,dt.15-12-97.

2. A.P.High Court order dated 23-4-99 in C.C. No.386/99 inW.P.No.28199/98.

3. A.P.High Court order dt.28-8-99 in C.C. No.1031/99 inC.C.No.386/99 in W.P. No.28199/98.

4. Application No.1237/99 in C.C.No.1031/99 before the High Courtof Andhra Pradesh.

5. From the Govt. Pleader for Ser.I, High Court , Hyd.Lr.CC.No.1031/99/NKA/Ser.I/HC/2000, dt.31-3-2000 and 18-4-2000.

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ORDER:

In the reference first read above orders were issued in repsectof Dr. C. Harinath, Dy.C.S. (Dental) (since retired) duly implementing the orders of theAndhra Pradesh Administrative Tribunal dated 26-11-1984 in R.P.No.1578/81 and the orderdated 25-10-96 in O.A.No.4758/95 assigning notional date of seniority in the category ofProfessor of Oral Surgery w.e.f. 28-8-1981 besides treating the period of absencefrom 01-06-1983 to 19-05-1994 as leave to whcih he is eligible. In pursuance of the saidorders, the Director of Medical Education has regularised the period of absence asfollows:

(a) From 1-6-83 to 13-9-83 as Eearned Leave;

(b) From 14-9-83 to 22-11-83 as Half-pay Leave;

And the Accountant General, Andhra Pradesh has also issuedauthorisation for payment of D.C.R.G., Service pension and Family pension vide theAccountant General's letter dated 04-10-1999.

2. In the meantime, Dr. Harinath, filed Contempt Case No.386/99in W.P.No.28199/98 before the Hon'ble High Court of Andhra Pradesh for compliance oforders of Hon'ble High Court dated 12-10-1998 passed in W.P.No.28199/98 for implementationof orders of Andhra Pradesh Administrative Tribunal dated 25-10-1996 in O.A.Nos.4758/95and 2454/92 wherein the Hon'ble Tribunal directed to fix the pay of the petitioner andrelease all the consequential benefits including arrears of pay and increments due to him.The Hon'ble High Court in its order dated 24-3-99 while closing the contempt caseNo.386/99 on the undertaking given by Mr.D. Vijaya Kumar, Learned Government Pleader forMedical & Health, has made the following order:

" Mr.D. Vijaya Kumar, Learned Government Pleader appearingfor the contemnor submits that there is some flaw in the approach of the contemnorthat isnot deliberate, but on account of some mistaken interpretation of the order of theTribunal passed earlier.

Reading the orders of the Administrative Tribunal leaves us in nodoubt, as in no uncertain terms it is held by the Administrative Tribunal that thePetitioner is entitled for promotion as Professor of Oral Surgery with effect from28-8-1981 with fixation of pay from that dat in that cadre and all consequential benefitsincluding arrears of pay and increments due to him. Only such period of absence of thepetitioner for which he is not eligible for leave shall be laible for computation fordeduction of arrears of pay. As requested by Sri D. Vijaya Kumar, Learned GovernmentPleader that the order of the Administrative Tribunal will be implemented in terms of whatis stated above, time is granted for compliance till the end of June, 1999.

The contempt case is closed on the above undertaking." 3. Inpursuance to e above directions and while the matter is under examination of GovernmentDr. Harinath filed another Contempt Case No.1031/99 and application No.1237/99 inC.C.No.1031/99 before the Hon'ble High Court of Andhra Pradesh for non-implementation oforder dated 24-03-1999 in C.C.No.386/99 in W.P.No. 28199/98 through the reference fourthread above.

4. In the refrence last read above the Government Pleader forServices-I, High Court of Andhra Pradesh with the instructions of Additional AdvocateGeneral, has advised the Government to implement the orders of the Hon'ble Tribunal in itstrue terms and pay all arrears of pay and increments from28-8-1981 to Dr. C. Harinath.

5. After due consideration of the entire matter Government havedecided to implement the orders of the Hon'ble Tribunal dated 26-11-1984 in R.P.No.1578/81read with order dated 25-10-1996 in O.A.No.4758/95 of Andhra Pradesh Administrative Tribunal and order dt.24-3-1999 of Hon'ble High Court of Andhra Pradesh inC'C.No.386/99 in W.P.No.28199/98 and order dated18-8-1999 in C.C.No.1031/99 alongwithapplication No.1237/99 and concede to modify the orders issued in the reference 1st readabove.

6. Accordingly Government hereby order to regulate the periods asdetailed below and allow the monetory benefits of pay, increments and allowances etc. toDr.C. Harinath, Deputy Civil Surgeon (Dental) (since retired) since 20-8-1981:

(a) From 28-08-1981 to 31-05-1983 as on duty as Professor of OralSurgery (Dental);

(b) From 01-06-1983 to 30-09-1983 as Earned Leave;

(d) (i) From 23-11-1983 to 31-10-1989 (unauthorised absence) asleave to which he is eligible;

(ii) From 01-11-1989 to 19-05-1994 as on Duty.

(BY ORDER AND IN THE NAME OFTHE GOVERNOR OF ANDHRA PRADESH)

RACHEL CHATTERJEE,

SECRETARY TO GOVERNMENT.

The Individual through the Director of Medical Education,

Hyderabad.

The Director of Medical Education, Andhra Pradesh, Hyderabad.

The Accountant General, Andhra Pradesh, Hyderabad.

The Pay and Accounts Officer, Hyderabad

Copy to:

The Principal, Gandhi Medical College, Hyderabad

The Princilal, Govt. Dental College & Hospital,

Osmania General Hospital Complex, Hyderabad.

The Govt. Pleader for Services-I, A.P. High Court, Hyderabad.

The Addl.Advocate General, A.P. High Court, Hyderabad.

The Govt. Pleader for M&H(Ser), A.P.A.T., Hyderabad.(withreference to C.C. No.66/97 filed by Dr. C. Harinath)

SF/SC.

//FORWARDED :: BY ORDER//

SECTION OFFICER.