THE HON'BLE SRI JUSTICE B. VIJAYSEN REDDY
WRIT PETITION Nos.4833, 4837 and 6132 of 2021
COMMON ORDER:
All the writ petitions relate to similar issue with regard to
release of Annual Grade Increments along with other benefits to the
petitioners as granted to other NMRs working in Khammam District
vide different orders issued by the Government.
2. Petitioner in WP.No.4833 of 2021 had been working the
respondents for more than 30 years. He joined as NMR employee and
now working as Pump Mechanic. Initially, consolidated pay was given to him. Subsequently, vide proceedings in Rc.No.A1/WCE/840/2009 dated 31.12.2009 permission was granted to fix time scale pay by the Government and the time scale for Pump Mechanic was fixed as Rs.4260-9250 + DA. After that twice his pay was revised as per the recommendations of the pay revision commission and now under the revised Pay Scales, 2015, the pay of the petitioner is Rs.17890-53950 + DA. The Government of Telangana issued G.O.Rt.No.468 Panchayat Raj and Rural Development (PR-II) Department dated 23.07.2015 granting Annual Grade Increments and other benefits to NMR (technical) working in PR Circle, Khammam District.
3. Petitioners in WP.No.4837 of 2021 had been working with the respondents for more than 30 years. They joined as NMR employees and now working as Driver, Night Watchman and Pump Mechanic (non-technical). Initially, they were given consolidated pay and subsequently, vide proceedings in Rc.No.A1/WCE/840/2009 dated 31.12.2009 permission was granted to fix time scale pay by the Government and the time scale was fixed viz. Drivers Rs.4594 - 10825 2 + DA; Pump Mechanic (Non-technical) Rs.3850 - 8600 + DA and Night Watchman Rs.3850 - 8600 + DA. After that their pay was revised twice as per the recommendations of the pay revision commission and now under the revised Pay Scales, 2015, the pay of the petitioners is was fixed viz. Drivers Rs.15460 - 47330 + DA; Pump Mechanic (Non-technical) Rs.13000 - 40270 + DA and Night Watchman Rs.13000 - 40270 + DA. The Government of Telangana issued G.O.Rt.No.498 Panchayat Raj and Rural Development (PR-II) Department dated 18.07.2018 granting Annual Grade Increments and other benefits to NMR (technical) working in PR Circle, Khammam District.
4. Petitioner in WP.No.6132 of 2021 had been working the respondents for more than 30 years. He joined as NMR employee and now working as Work Inspector. Initially, consolidated pay was given to him. Subsequently, vide proceedings in Rc.No.A2/WCE/826/2007 dated 08.11.2007 permission was granted to fix time scale pay by the Government and the time scale for Work Inspector was fixed as Rs.5200-11715 + DA. After that twice his pay was revised as per the recommendations of the pay revision commission and now under the revised Pay Scales, 2015, the pay of the petitioner is Rs.17890-53950 + DA. The Government of Telangana issued G.O.Rt.No.468 Panchayat Raj and Rural Development (PR-II) Department dated 23.07.2015 granting Annual Grade Increments and other benefits to NMR (technical) working in PR Circle, Khammam District, basing on the orders passed in O.A.No.9709 of 0211 dated 24.11.2011.
5. The petitioners claim that they are also entitled for the same benefits under the aforesaid Government Orders and representations have been submitted in that regard. However, the Annual Grade 3 Increments, which were granted to certain employees, were not granted to the petitioners and thus, the petitioners were subjected to discrimination and the action of the respondents is arbitrary and unconstitutional.
6. In the counter filed by the respondent No.3, it is stated that the petitioners have not completed five years service as NMR as on 25.11.1993. They were allowed to continue in service as per the directions of the Andhra Pradesh Administrative Tribunal. The NMRs Time Scale holders of Panchayat Engineering Department have approached the APAT by filing O.A.No.9079 of 2011. As per the judgment of the APAT in the said OA, G.O.Rt.No.468 dated 23.07.2015 was issued with instructions to the authorities for implementation of the said order to the NMRs, who were covered in O.A.No.9079 of 2011. The petitioners are not parties to the said OA and hence, G.O.Rt.No.468 dated 23.07.2015 could not be implemented in case of the petitioners.
7. Heard learned counsel for the petitioner and the learned Assistant Government Pleader representing the learned Government Pleader for Panchayat Raj and Rural Development.
8. The claim of the petitioners is that they are similarly placed as that of NMR's in whose favour G.O.Rt.No.468 dated 23.07.2015 was issued. It is a fact that the petitioners are not parties to O.A.No.9079 of 2011. Having granted relief to similarly placed NMRs vide G.O.Rt.No.468 dated 23.07.2015, the respondents cannot deny the pay parity to the petitioners. The action of the respondents is violative of Article 14 of the Constitution of India.
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9. The writ petitions are allowed with a direction to the respondents to grant Annual Grade Increments and other similar benefits to the petitioners on par with NMRs who were granted annual grade increments and other benefits vide G.O.Rt.No.468 dated 23.07.2015 and G.O.Rt.No.498 dated 18.07.2018.
Pending miscellaneous petitions, if any, shall stand closed. There shall be no order as to costs.
__________________ B. VIJAYSEN REDDY, J September 15th , 2021 DSK