THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY AND THE HON’BLE SRI JUSTICE CHALLA KODANDA RAM
Writ Appeal No.1941 of 2004
JUDGMENT: (Per the Hon’ble Sri Justice L.Narasimha Reddy)
This writ appeal is filed against the order, dated 24.09.2004, in so far as it relates to W.P.No.12174 of 1998.
The appellant was working as a Junior Accounts Officer in the year 1984 in the erstwhile Andhra Pradesh State Electricity Board. Charges were framed against him. One of it is that, he temporarily misappropriated the funds of the organisation. After several rounds of litigation, ultimately, the punishment of reduction in rank by 10 stages in the seniority of Junior Accounts Officer, was imposed, through order, dated 10.10.1997. A memo was issued, on 31.03.1998, dealing with the manner in which the period during which he was under suspension, and the interregnum between various orders of punishment, must be treated. W.P.No.12174 of 1998 was filed challenging the memo, dated 31.03.1998. W.P.No.6396 of 1998 was filed with a prayer to require the respondent to consider the case of the appellant for promotion. Through a common order, dated 24.09.2004, a learned Single Judge dismissed W.P.No.6396 of 1998 and W.P.No.12474 of 1998 was partly allowed, directing that the appellant shall be entitled to be paid full back wages from the period 16.12.1993 to 07.09.1994. The remaining part of the grievance of the appellant not claimed in the writ petition was not granted. Hence, this appeal.
Heard Sri D.Govardhana Chary, learned counsel for the appellant, and Sri P.Laxma Reddy, learned Standing Counsel for the respondent.
Two factors persuade us from dealing with the matter on merits. The first is that though the appellant filed two writ petitions and a common order was passed, he filed appeal only in so far as it relates to one writ petition. The common order in so far as it relates to W.P.No.6396 of 1998 assumed finality, and thereby, it operates as res judicata. The second is that vis-à-vis W.P.No.12174 of 1998 also, the respondent filed W.A.No.1818 of 2004, and the appellant filed the present writ appeal. As recently as on 31.07.2013, a Division Bench of this Court dismissed W.A.No.1818 of 2004. The same result must ensue in this writ appeal also. The reason being that the appellant herein was very much party to W.A.No.1818 of 2004 and even while opposing the writ appeal, he was entitled to claim additional reliefs. That having not been done, we cannot canvass the correctness of the order in W.P.No.12174 of 1998 in this writ appeal. It is accordingly dismissed. There shall be no order as to costs.
It is brought to the notice of this Court that the original appellant is no more, and that benefits as directed by the learned Single Judge have not been extended so far. If that is the case, the respondent shall take steps to implement the orders of this Court within two months from today.
The miscellaneous petition filed in this writ appeal shall also stand disposed of.
L.NARASIMHA REDDY, J.
CHALLA KODANDA RAM, J.
Date:26.06.2014 GJ