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2025 DIGILAW 134 (TS)

B. Krishna v. State of Telangana

2025-03-18

SUREPALLI NANDA

body2025
ORDER : Surepalli Nanda, J. Heard Sri P. Raghavender Reddy, learned counsel appearing on behalf of the petitioners, learned Government Pleader for Services-I , appearing on behalf of respondent Nos.1 and 2 and Sri Ramesh Chilla, learned Standing Counsel for Service Matters of all Municipalities, Telangana, appearing on behalf of respondent No.3. 2. The petitioners approached the Court seeking prayer as under: “…to issue Writ, order or direction more particularly one in the nature of Writ of Mandamus by declaring the action of the respondents in not implementing the orders passed by the Honourable AP Administrative Tribunal in OA No.7862/2010 dt. 22/11/2010, the same has been confirmed by this Honble Court in WP No.27283/2012 dt.6/3/2018 for release of periodical increments from the date of filing of the OA is illegal, arbitrary and voilative of the principles of natural justice and consequently to direct the respondents to implement the orders passed by the Honourable AP Administrative Tribunal in OA No.7862/2010 dt. 22/11/2010 by releasing periodical increments from the date of filing of OA and pass...”. 3. The case of the petitioners in brief, is that the petitioners were initially appointed in the years 1986, 1987 as Non-Public Health Workers on daily wage basis in the 3 rd respondent’s Municipality and later, extended minimum time scale but were not sanctioned periodical increments. The other workers who are working along with the petitioners were provided with the periodical increments by the 1 st respondent vide memo dated 01.10.2010 as per the orders of the Tribunal held in OA No.7915/2002, dated 26.08.2002 and the same has been confirmed by this Court in W.P. No. 27214/2005 and the Supreme Court. The petitioners filed O.A. No.7862 of 2010 before the A.P. Administrative Tribunal for release of increments from the date of payment of minimum time scale and the Tribunal passed order dated 22.11.2010 directing the respondents to grant annual grade increments to the petitioners. Subsequently, the respondents filed W.P. No. 27283 of 2012 before this Court challenging the said orders in O.A. This Court dismissed the same by directing the respondents to release annual grade increments to the petitioners. However, the respondents have not yet implemented the said orders till date. Aggrieved by the same, the petitioners approached the Court by filing the present writ petition. PERUSED THE RECORD. 4. However, the respondents have not yet implemented the said orders till date. Aggrieved by the same, the petitioners approached the Court by filing the present writ petition. PERUSED THE RECORD. 4. I t is the specific case of the petitioners that, on an earlier occasion, the petitioners approached the A.P. Administrative Tribunal vide O.A. No. 7862 of 2010 with prayer as under: “… to declare the action of the respondents in not paying the periodical increments from the date of minimum time scale i.e. w.e.f. 9.2.1999 along with arrears as illegal, arbitrary and voilative of the principles of natural justice and consequently direct the respondents to release the periodical increments from the date of payment of minimum time scale i.e. w.e.f. 9.2.1999 along with arrears and also to extend Revised Pay Scales of 2005, 2009”…. 5. The relevant para Nos.4, 5, and 6 of the order in O.A. No.7862 of 2010, dated 22.11.2010 are extracted hereunder “4. Admittedly, applicants' pay was fixed in the time scale, subject to regularization of their services. This question was considered by this Tribunal in O.A. No. 7915/ 2002 and it was held that the applicants therein, who worked as NMRs in Rajendernagar Municipality and whose pay was fixed in the minimum time scale, were eligible for periodical increments. The said order of this Tribunal was upheld by a Division Bench of the Hon'ble High Court of A.P., by an order, dated 23.08.2006 in W.P.No.27214/ 2005. Similar order was also passed by another Division Bench of the Hon'ble High court of A.P. in W.P.No.15031/ 2006, dated 23.08.2006. So, the question whether the employees, whose pay is fixed in the time scale are eligible to draw the periodical increments has been decided by this Tribunal and upheld by the Hon'ble High court. Therefore, the applicants are entitled for the periodical increments. 5. It is stated by the learned counsel for the applicants that, the Tribunal, in O.A. No.7435/06 held that the applicants therein are eligible for fixation of their pay in the revised pay scales on the ground that when the pay of an employee is fixed in one pay scale, whenever there is revision of pay scales, the revised pay scales must be applied to him. So, the applicants herein are also eligible for the benefit of revised pay scales. 6. So, the applicants herein are also eligible for the benefit of revised pay scales. 6. Therefore, this application is admitted and allowed, directing the respondents to grant annual grade Increments to the applicants in the time scale wherein their pay was fixed and also to pay the arrears. The respondents are further directed to extend the benefit of further pay revision made in 2005. Necessary orders, in this regard, shall be passed by the respondents, within a period of 8 weeks from the date of receipt of this order”. 6. It is further case of the petitioners that in spite of repeated request made by the petitioners for implementation of the orders passed by the A.P. Administrative Tribunal in O.A. No. 7862 of 2010 dated 22.11.2010, the respondents have not initiated any steps in this direction though the Writ Petition No. 27283 of 2012 preferred by the respondents herein aggrieved against the order dated 22.11.2010 passed in O.A. No. 7862 of 2010 had been dismissed vide order of this Court dated 06.03.2018. 7. The learned counsel appearing on behalf of the respondents places reliance on counter affidavit filed on behalf of 1 st respondent, in particular, para Nos.7 to 9, and the said paras are extracted hereunder “ 7. It is further submitted that, the petitioners herein filed another W.P. No. 24445 of 2020 to direct the respondents to implement the orders of the Hon’ble O.A. No.7862 of 2010 which was confirmed by the Hon’ble High Court in W.P. No.27283 of 2012, accordingly, this office vide memo dated 15.03.2024 accorded permission to implement the orders of the Hon'ble O.A.No. 7862 of 2010 and the orders of the Hon'ble High Court in W.P.No.24445 of 2020 from the date of extension of time scale to the petitioner to the date of their service regularization and the same has been released to the petitioners, The details are as follows: Sl. No. Name of the individual Annual Grade Increments sanctioned for the period RPS Amount Released ( in Rupees) 1 Sri T. Narayana Feb.2000 to Mar 2005 RPS 1999 14,649 Apr. No. Name of the individual Annual Grade Increments sanctioned for the period RPS Amount Released ( in Rupees) 1 Sri T. Narayana Feb.2000 to Mar 2005 RPS 1999 14,649 Apr. 2005 to Jan 2010 RPS 2005 65,896 Feb 2010 to Jan 2013 RPS 2010 1,29,332 Total 2 ,0 9 ,8 7 7 2 Sri B. Krishna Feb 2000 to Mar 2005 RPS 1999 15,577 Apr 2005 to Jan 2010 RPS 2005 67,674 Feb 2010 to Jan 2013 RPS 2010 1,31,782 Total 2 ,1 5 ,0 3 3 3 D. Srinivas Feb 2000 to Mar 2005 RPS 1999 14,469 Apr 2005 to Jan 2010 RPS 2005 65,896 Feb 2010 to May 2014 RPS 2010 2,18,325 June 2014 to July 2016 RPS 2015 2,42,104 Total 5,40,974 8. It is further submitted that, Minimum Time scale was admittedly extended to the applicants vide Procgs. Roc.No. C/ 1081/ 1999 dated.09.02.1999 and when matter stood thus, the applicants approached the Hon'ble Tribunal seeking release of periodical increments from date of payment of minimum time scales and also to extend Revised pay scales of 2005. The Hon'ble Tribunal allowed the application and directed the respondents to grant Annual Grade Increments to the applicants in the time scale wherein their pay was fixed and also to pay arrears and also to extend the benefit of pay revision made in 2005. 9. The Petitioners intentionally suppressed the fact that they were regularized from prospective effect. However, pursuant to the orders of this Hon'ble Court, the respondents herein have extended the benefit of AGls and revised pay scales as applicable from date of implementation of time scale to their date of regularization, as they ceased to be Time Scale employees subsequent to their regularization and they have been receiving all the benefits on par with regular employees and have never raised any objection to the same”. 8. The learned counsel appearing on behalf of the petitioners places reliance on the Memo No.3089/ TP&E.2/ 2024-1, dated 15.03.2024 of the 1 st respondent herein addressed to the Director of Municipal Administration, Telangana, Hyderabad and the relevant portion of the same memo is extracted hereunder “The attention of the Director of Municipal Administration, Telangana is invited to the reference cited. The learned counsel appearing on behalf of the petitioners places reliance on the Memo No.3089/ TP&E.2/ 2024-1, dated 15.03.2024 of the 1 st respondent herein addressed to the Director of Municipal Administration, Telangana, Hyderabad and the relevant portion of the same memo is extracted hereunder “The attention of the Director of Municipal Administration, Telangana is invited to the reference cited. After careful examination of the matter hereby accord permission to the Director of Municipal Administration, Telangana to implement the orders of the Hon'ble APAT in O.A. No. 7862 of 2010 and the Hon'ble High Court orders in W.P. No. 24445 of 2020 for granting Annual Grade Increments from the date of extension of time scale to the petitioner to the date of their service regularization, subject to condition that the orders issued shall not be quoted as a precedent in other similar/ future cases. 2. The Director of Municipal Administration, Telangana shall take further necessary action in the matter accordingly”. 9. The learned counsel appearing on behalf of the petitioners contends that in spite of instructions issued by the 1 st respondent vide letter dated 15.03.2024 according necessary permission to the Director of Municipal Administration, Telangana to implement the orders of the Court passed in O.A. No.7862 of 2010 and also the orders dated 19.02.2024 passed in the present Writ Petition No.24445 of 2020, no action had been initiated by the said Authority as on date. Learned counsel appearing on behalf of the petitioner also submits that in similar circumstances, the Division Bench of this Court on 25.10.2018 in W.P.No.30605 of 2018 had allowed the Writ Petition considering the case of similarly placed persons and hence, petitioner is entitled for the relief as prayed for in the present Writ Petition. 10. The interim order of this Court dated 19.02.2024 passed in W.P. No.24445 of 2020 is extracted hereunder “The second respondent has filed counter affidavit on behalf of the first respondent and tried to distinguish the orders of a Division Bench of this Court in Writ Petition No.27283 of 2012 dated 06.03.2018. However, it is noticed that no Special Leave Petition was preferred before the Hon'ble Supreme Court of India against the said order and it has become final. The respondents cannot now distinguish the order of the Division Bench dated 06.03.2018 in their own way. However, it is noticed that no Special Leave Petition was preferred before the Hon'ble Supreme Court of India against the said order and it has become final. The respondents cannot now distinguish the order of the Division Bench dated 06.03.2018 in their own way. Therefore, respondent No.2 shall comply with the above said order in true spirit and if the said order is not complied with by the next date of hearing, respondent No.2 is directed to be present before this Court by the next date of hearing to explain. List the matter on 04.03.2024”. 11. The relevant portion of the order dated 06.03.2018 in W.P. No. 27283 of 2012 passed by Division Bench of this Court is extracted hereunder “In view of the order dated 06.03.2018 passed by this Court in W.P. No.29649 of 2015, the present writ petition is liable to be dismissed. The writ petition is accordingly dismissed. No order as to costs”. 12. The learned Assistant Government Pleader, appearing on behalf of the respondents placing reliance on the averments made at para Nos.7, 8 and 9 of the counter affidavit filed by the 1 st respondent (referred to and extracted above), contends that the petitioners are not entitled for the relief as sought for in the present writ petition since the respondents had extended the benefit of AGIs and revised pay scales as applicable from the date of implementation of time scale to their date of regularization as they ceased to be Time Scale employees subsequent to their regularization and they have been receiving all the benefits on par with regular employees and have never raised any objections to the same. 13. 13. This Court opines that the plea put forth in the counter affidavit filed on behalf of Respondent No.1 is contrary to the contents in the Memo No.3089/ TP&E.2/ 2024-1, dated 15.03.2024 where the 1 st respondent in fact had requested the Director of Municipal Administration, Telangana, Hyderabad to implement the orders of the Andhra Pradesh Administrative Tribunal in O.A. No.7862 of 2010 which had been confirmed by the Division Bench of this Court in W.P. No.27283 of 2012, dated 06.03.2018 and also the interim order of this Court dated 19.02.2024 passed in the present writ petition for granting annual grade increments to the petitioners from the date of extension of time scale to the date of their service regularization, subject to condition that the orders issued shall not be quoted as a precedent in other similar/ future cases. 14. Taking into consideration: a) The facts and circumstances of the case, b) The submissions made by the learned counsel appearing on behalf of the petitioner and the learned Government Pleader for Services, appearing on behalf of the respondents, C) The averments made in the counter affidavit filed on behalf of the 1 st respondent in particular para Nos. 7 to 9 (referred to and extracted above) d) The order in O.A.No.7862 of 2010, dated 22.11.2010 on the file of the then A.P.A.T. e) The contents of the Memo, dated 15.03.2024 of the 1 st respondent (referred to and extracted above) f) The order, dated 06.03.2018 passed by the Division Bench of this Court in W.P.27283 of 2012. g) I nterim order of this Court, dated 19.02.2024 passed in W.P.No.24445 of 2020. g) I nterim order of this Court, dated 19.02.2024 passed in W.P.No.24445 of 2020. The writ petition is allowed, directing the Respondent No.2 to take a decision on the subject issue of implementing the orders passed by the AP Administrative Tribunal in OA.No.7862 of 2010, dated 22.11.2010 as confirmed by this Court in W.P.No.27283 of 2012, dated 06.03.2018 for release of periodical increments from the date of filing of the said O.A. in the year 2010, duly taking into consideration the contents of the Memo No. 3089/ TP&E.2/ 2024-1, dated 15.03.2024 of the 1 st respondent addressed to the Director of Municipal Administration, Telangana (referred to and extracted above) within a period of two (02) weeks from the date of receipt of a copy of this order in accordance to law, in conformity with principles of natural justice by providing an opportunity of personal hearing to the petitioners and duly communicate the decision to the petitioners. However, there shall be no order as to costs. The miscellaneous applications, pending if any, shall stand closed.