THE HONOURABLE SMT JUSTICE P.MADHAVI DEVI
W.P.No. 10120 OF 2021
ORDER:
This writ petition has been filed by the petitioner seeking a writ of mandamus declaring the action of the respondents in not granting/releasing the periodical increments to the petitioner herein while granting such benefits to other time scale employees on the basis of various Court orders, as illegal, arbitrary, unjust, discriminatory and violative of principles of natural justice.
2. Brief facts leading to the filing of the present writ petition are that the petitioner was appointed as a Sweeper (NMR) on 01.06.1984 against the sanctioned post by the District Collector, Medak, vide Proceedings No.1397/83/A2-PTS, dated 1998, in the respondent No.1 organization and his pay was enhanced from time 2 PMD,J W.P.No.10120 of 2021 to time and also extended the benefit of revised pay scales. It is submitted that subsequently, the question of releasing of periodical increments to the individuals whose pay was fixed in minimum time scale, subject to pending regularization of respective NMR employees services fell for consideration before the Andhra Pradesh Administrative Tribunal in O.A.No.7195 of 2002 and the Tribunal has held that the NMR employees whose pay is fixed in the minimum time scale of pay are also eligible for periodical increments.
3. It is submitted that subsequently certain NMR time scale employees of Panchayat Raj Department approached the Tribunal in O.A.No.90379 of 2011 seeking a direction for release of periodical increments and the Tribunal has disposed of the said O.A. vide orders dated 24.11.2011 in terms of earlier judicial pronouncements.
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4. It is submitted that aggrieved by the order of the Tribunal, the Department has filed W.P.No.16996 of 2012 and the same was dismissed vide orders dated 12.06.2012. It is submitted that the in W.P.No.26788 of 2017, dated 10.08.2017, was also disposed of holding that the petitioners therein are entitled for periodical increments. It is submitted that Government of Telangana vide G.O.Rt.No.132 PR&RD (PR.II) Department, dated 28.02.2017 and G.O.Rt.No.498 PR&RD (PR.II) Department, dated 18.07.2018, had issued orders granting annual grade increments and other benefits to the NMR time scale employees by duly implementing the orders of the Tribunal and High Court.
5. Learned counsel for the petitioner relied upon the judgment of the Hon'ble Apex Court in the case of H.L.Trehan Vs. Union of India1, for the proportion that once the case of one employee is decided by the 1 1989 (2) USJ SC 145 4 PMD,J W.P.No.10120 of 2021 competent Court, the other identically placed employees should also have been given the same benefit without any further litigation. Since the petitioner is also claiming the similar relief as given to other similarly placed persons, the present writ petition has been filed.
6. Learned counsel for the petitioner has placed before this Court the copies of the G.O.Rt.No.468, dated 23.07.2015, G.O.Rt.No.132, dated 28.02.2017, G.O.Rt.No.498, dated 18.07.2018 and Proceedings No.A1/1024/2003-2018, dated 04.04.2019, wherein the Government has implemented the directions of the Tribunal as well as High Court and granted Annual Grade Increments and Earned Leaves along with arrears from the date of allowing minimum time scale to the time scale employees, like the writ petitioner.
7. Heard the learned Standing counsel for the respondents.
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8. Having regard to the fact that in similar circumstances, this Court had already directed the respondents therein to extend the benefit of G.O.Rt.No.468, dated 23.07.2015 and the subsequent G.Os., to the employees drawing minimum time scale pay such as the petitioner herein, this Court deems it fit and proper to direct the respondents herein to extend the said benefits to the petitioner herein also.
9. Accordingly, this writ petition is allowed. There shall be no order as to costs.
Miscellaneous petitions, if any, pending in this Writ Petition, shall stand closed.
____________________________ JUSTICE P.MADHAVI DEVI Dated: 29.11.2022 bak 6 PMD,J W.P.No.10120 of 2021 THE HONOURABLE SMT JUSTICE P.MADHAVI DEVI W.P.No. 10120 OF 2021 Dated:29.11.2022 bak