Andhra Pradesh High Court - Amravati
State Of Andhra Pradesh, vs A.V.L.Seshu Babu, on 17 February, 2021
Bench: Arup Kumar Goswami, C.Praveen Kumar
IN THE HIGH COURT OF ANDHRA PRADESH : AMARAVATI
HON'BLE MR. JUSTICE ARUP KUMAR GOSWAMI, CHIEF JUSTICE
&
HON'BLE MR. JUSTICE C. PRAVEEN KUMAR
WRIT APPEAL No.57 of 2021
(Taken up through video conferencing
State of Andhra Pradesh, rep., by the Secretary,
Revenue (Endts.) Department, Secretariat,
Velagapudi, Amaravathi, and another
.. Appellants.
Versus
A.V.L. Seshu Babu, S/o Ramu,
Aged about 39 years, working as NMRs in
Sri Venkateswara Swamy Vari Devasthanam,
Dwaraka Tirumala, West Godavari District
and others.
..Respondents.
Counsel for the Appellants : Government Pleader for Endowments
Counsel for respondents No.1 to 53 : Mr. D.V. Sasidhar
Counsel for respondents No.54 : Mr. K. Madhava Reddy
Date of hearing : 09.02.2021
Date of pronouncement : .02.2021
JUDGMENT
per C. Praveen Kumar, J
This writ appeal has been preferred against the interim order dated
09.12.2020 passed by learned single Judge in I.A.No.1 of 2020 in
W.P.No.16972 of 2020.
2. The above writ petition came to be filed by respondents No.1 to 53
challenging the action of the Commissioner, Endowments Department in
issuing the proceedings dated 24.08.2020, as well as the action of the
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W.A.No.57 of 2021
temple-authorities in issuing consequential proceedings dated 30.08.2020
cancelling the Interim Relief (IR) granted to the writ petitioners. It was
urged by the writ petitioners, before the learned single Judge, that the
temple authorities issued proceedings dated 03.01.2019 extending
minimum time scale of 2015 PRC w.e.f. 01.12.2018 to all the writ
petitioners and when G.O.Ms.No.60, dated 06.07.2019 was issued to
extend 27% IR to the work charged employees and full time contingent
employees, who are currently drawing pay in Revised Scales, 2015, the writ
petitioners also made a representation to the temple authorities to extend
27% IR. The same was approved on 08.08.2019, and accordingly, the writ
petitioners were extended 27% IR vide proceedings dated 08.08.2019
w.e.f. 01.07.2019. It was further urged that the Commissioner,
Endowment Department issued proceedings dated 24.8.2020 cancelling the
IR earlier granted to the writ petitioners, and basing on the same, the
temple authorities issued proceedings dated 30.08.2020 cancelling the IR
granted to the writ petitioners and also to recover the same in 12
instalments. Hence, the writ petition.
3. On 09.12.2020, the learned single Judge passed the following
interim order:
"Heard learned counsel for the petitioners, learned Government
Pleader and Sri K. Madhava Reddy and the learned Standing Counsel
for respondent No.3-Temple.
Perused the material available on record.
It appears that the Government vide G.O.Ms.No.60, Finance
(PC & TA) Department, dated 06.07.2019 issued orders for sanction of
interim relief at the rate of 27% which was applicable to the
employees, who are currently drawing pay in the revised scales, 2015.
Admittedly, in the proceedings issued by respondent No.3 vide
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W.A.No.57 of 2021
RC.No.B1/1479/2018, dated 03.01.2019, 2015 PRC was applied to the
petitioners herein.
Now, the respondent No.2 issued impugned memo dated
24.08.2020 in R.C.No.A1/3655677/2020 stating that the interim relief
at the rate of 27% was applicable to the employees, who are currently
drawing pay in the Revised Scale, 2015, and these orders are not
applicable to the employees, who are working on
contract/consolidated pay. Aggrieved by this Memo, this Writ Petition
is filed.
As it is sought by the learned counsel for the respondents, a
detailed hearing is required in the main Writ Petition and as it was
posted for final hearing immediately after commencement of the
physical courts and in view of the facts and circumstances of the case,
this Court is of the opinion that interim relief sought by the petitioners
in I.A.No.1 of 2020 has to be considered, basing on the facts stated
above. As and when the Government issued G.O.Ms.No.60, dated
06.07.2019 stating that the interim relief shall be applicable to all the
government employees including the employees of the Local Bodies
(PR and ULBs) and the Government institutions receiving Grants-in-Aid
and Work Charged Employees and Full Time Contingent Employees,
who are currently drawing pay in the Revised Scales, 2015 and
admittedly, 2015 pay scales are applicable to the petitioners vide
R.C.No.B1/1479/2018, dated 03.01.2019 of respondent No.3, in the
opinion of this Court, the petitioners are entitled for the relief sought
for.
Accordingly, there shall be interim suspension as prayed for."
Aggrieved by the above said order, the present writ appeal came to be
filed by the appellants, who are respondents No.1 and 2 in the writ
petition.
4. Learned Government Pleader for Endowments appearing for the
appellants would contend that G.O.Ms.No.60, dated 06.07.2019 is not
applicable to the writ petitioners as they are contract employees and the
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W.A.No.57 of 2021
Executive Officer of the temple accepted the representation of the writ
petitioners and granted IR though they are not entitled to the relief.
5. The same is opposed by the learned counsel appearing for the
writ petitioners, contending that having extended the benefit, the
authorities erred in withdrawing the same. He would further submit that
the writ petitioners are drawing Revised Scales of 2015 and when the
said benefit is given to contingent employees, the same has to be
extended to the writ petitioners.
6. A perusal of the material available on record would clearly
indicate that the writ petitioners were extended minimum time scale of
2015 PRC w.e.f. 01.12.2018, vide proceedings dated 03.01.2019. After
issuance of G.O.Ms.No.60, dated 06.07.2019, on a representation made,
payment of 27% I.R. was extended to the writ petitioners, by the temple
authorities. Pursuant to the proceedings dated 24.08.2020 issued by the
Commissioner, Endowments Department, the same was withdrawn, on
the ground that the G.O.Ms.No.60, dated 06.07.2019 is not applicable to
the writ petitioners. But fact remains that the writ petitioners' pay scale
was revised, IR benefit was extended and payments were made for
nearly a year.
7. The issue as to whether the aforesaid G.O. is applicable to the
writ petitioners or not, cannot be decided in this appeal, as the main writ
petition is still pending consideration before the learned single Judge and
any order passed touching the applicability of the said G.O. would
definitely cause prejudice to either of the parties in the writ petition.
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8. Further, the learned Government for Endowments submits that
the temple authorities have accepted the representation of the writ
petitioners and have extended the benefit and that the appellants have
nothing to do with the payment of money or extending the benefit.
Therefore, the appellants are not at loss and the aggrieved person, if
any, would be the temple authorities, who are not the appellants herein.
9. The learned single Judge on prima facie consideration of the
matter and after observing that 2015 pay scales were made applicable to
the writ petitioners, granted interim relief, pending adjudication of the
main writ petition. Therefore, we are not inclined to interfere with the
order under appeal as it does not suffer from any illegality or irregularity.
10. Having regard to the observations made in the order under appeal
that a detailed hearing is required in the main writ petition, the
appellants, if so advised, may request the learned single Judge to take
up the matter for hearing at an early date.
11. Accordingly, this Writ Appeal is disposed of. No costs. As a
sequel, all the pending miscellaneous applications shall stand closed.
ARUP KUMAR GOSWAMI, CJ C. PRAVEEN KUMAR, J
Nn
HCJ & CPK, J
W.A.No.57 of 2021
HON'BLE MR. JUSTICE ARUP KUMAR GOSWAMI, CHIEF JUSTICE
&
HON'BLE MR. JUSTICE C. PRAVEEN KUMAR
WRIT APPEAL No.57 of 2021
(per Praveen Kumar, J)
Dt: 17.02.2021
Nn
