Telangana High Court
Y. Kanakaiah vs The State Of Telangana on 29 November, 2023
THE HONOURABLE SRI JUSTICE PULLA KARTHIK
WRIT PETITION No.32637 OF 2023
O R D E R:
This Writ Petition is filed seeking the following relief:
"...to issue an order or direction more particularly one in the nature of Writ of Mandamus to declare the action of the respondents in not implementing the 11th PRC (Revised Pay Scales 2020) to the petitioner herein, as per the judgment of the Apex court in the case of State of Punjab Vs. Jagjit Singh and others in Civil Appeal No.213 of 2013, dt.26.10.2016, even after granting Minimum Time Scale of 10th PRC (RPS 2015) to the petitioner vide Proc.No.B2/526/2020, dated 19.11.2020 as highly illegal, irregular, unconstitutional against the principles of natural justice, equity and fair play and prays to direct the respondents herein to pay the salary of the petitioner according to the 11th new PRC @ Rs.19,000/- + DA, HRA and CCA, with arrears from the date of filing of the Writ Petition along with periodical increments from time to time with arrears and other monetary benefits as per the orders of the Division Bench of this Hon'ble Court in W.P.No.26788 of 2017 dt.10/08/2017, and orders in I.A.No.1 and 2 of 2019 in W.P.No.38763 of 2018 in C.A.No.642/2019 on 24/01/2020, and the Division Bench Judgment of this Hon'ble Court in batch of cases in W.P.No.5556 of 2018 and batch dt.23/08/2018 and also as per the judgment of the Honorable Supreme Court in SLP No.37870 of 2012, dated 14/10/2014 and pass."
2. Heard learned counsel for the petitioner, learned Government Pleader for Services - II appearing on behalf of respondents No.1 to 3 and Sri R.Chandrasekhar Reddy, 2 PK,J wp_32637_2023 learned Standing Counsel for Zilla Praja Parishad appearing on behalf of respondent No.4. Perused the material on record.
3. Learned counsel for the petitioner submitted that the petitioner was initially appointed as a Sweeper in the year 1991 and till date he is continuously working without any disturbance. But the respondent-authorities have not paid daily wages/minimum wages to the petitioner. Furthermore, the respondents vide proceedings No.B2/526/2020, dated 19.11.2020 have extended the benefits of 10th PRC by paying salary of Rs.13,000/- per month to the petitioner, but the 11th PRC scales i.e., minimum basic pay of Rs.19,000/- was not implemented apart from not paying DA, HRA and CCA including the Annual Grade Increments to the petitioner. It is further submitted that thought the petitioner is discharging his duties to the satisfaction of higher authorities and continuously working since the date of his initial appointment, without any break, the petitioner is getting a salary of Rs.13,000/- per month, wherein he is eligible and entitled to get 11th PRC i.e., Minimum Basic Pay of Rs.19,000/-, DA, HRA and Annual Grade Increments. It is also submitted that the petitioner has made a representation, 3 PK,J wp_32637_2023 dated 24.08.2023, to the respondents with a request to extend the benefits of 11th PRC (Revised Pay Scales 2020), but the said representation is still pending before the respondents. Therefore, prayed this Court to allow the Writ Petition.
4. Learned Government Pleader for Services - II submitted that the respondents will consider the representation of the petitioner and pass appropriate orders.
5. In view of the submission made by respective parties and without expressing any opinion on merits, this Writ Petition is disposed of with a direction to the respondents to consider the representation of the petitioner, dated 24.08.2023 and pass appropriate orders in accordance with law within a period of six (06) weeks from the date of receipt of a copy of this order and communicate a copy thereof to the petitioner. There shall be no order as to costs.
Miscellaneous applications, if any, pending in this Writ Petition, shall stand closed.
____________________ PULLA KARTHIK, J Date: 29.11.2023 TMK