SHAIK UBAIDULLAH Vs. REGIIONAL JOINT DIRECTOR

JUDGEMENT

(1.) This writ petition (TR) is filed seeking the following relief:

(2.) Heard Sri Akkam Eshwar, learned counsel for the petitioner and learned Government Pleader for Services-III, appearing for respondents.

(3.) Learned counsel for the petitioner submits that the petitioner was appointed as attender on 1/6/1990. Later, he was promoted as Record Assistant, in the year 2001. On 13/12/2003, respondent No.4 placed the petitioner under suspension, on the ground that he involved in a criminal case vide C.C.No.675 of 2005. Thereafter, the petitioner filed criminal appeal No.92 of 2008 before the Family Court-cum-Additional Sessions Judge, Khammam and the said appeal was allowed on 15/5/2009 and the petitioner was acquitted. Later, the petitioner was reinstated into services through proceedings vide Memo No.3709/c1/2003, dtd. 29/9/2009 and the petitioner submitted representation on 6/11/2009, requesting the respondent authorities to release his salary after deducting the subsistence allowance by treating the suspension period as on duty. The respondent authorities without considering the said representation, rejected the claim of the petitioner through proceedings dtd. 18/5/2010. Questioning the said order, the petitioner filed O.A.No.3530 of 2010 before the A.P.A.T. and the same was allowed by setting aside Memo No.600/A/2002, dtd. 18/5/2010 directing the respondents therein to treat the period spent on suspension from 13/12/2003 to 12/10/2009 as on duty.