Andhra Pradesh High Court - Amravati
Principal Secretary vs Ch Prasad on 30 November, 2021
IN THE HIGH COURT OF ANDHRA PRADESH: AMARAVATI
HON'BLE MR. JUSTICE PRASHANT KUMAR MISHRA, CHIEF JUSTICE
&
HON'BLE MR. JUSTICE M. SATYANARAYANA MURTHY
I.A.No.1 of 2021
In &
W.A.No.205, 215, 235 of 2021
(Through physical mode)
W.A.No.205 of 2021:
Principal Secretary, RWS & S Department, State of AP, Secretariat
Buildings, Velagapudi, Guntur District and three others
...Appellants
Versus
Ch.Prasad S/o Ranga Rao, Age: 51 years, Occ: Technical Work Inspector
O/o Deputy Executive Engineer, RWS&S, Sub Division-2, Guntur Town,
Guntur District and others
... Respondents
W.A.No.215 of 2021:
Principal Secretary, RWS & S Department, State of AP, Secretariat
Buildings, Velagapudi, Guntur District and three others
...Appellants
Versus
P.Balaiah S/o Devadanam (late), Age: 54 years, Occ: Driver
R/o H.No.25-16-139, G.T.Road, Near Medical Club, Laxmi
Narayanapuram, Collectorate, Guntur Town, Guntur District.
... Respondents
W.A.No.235 of 2021:
Principal Secretary, RWS & S Department, State of AP, Secretariat
Buildings, Velagapudi, Guntur District and three others
...Appellants
Versus
Kasu Buchi Nagi Reddy, Technical Work Inspector,
O/o Deputy Executive Engineer, RWS&S, Sub Division-2, Guntur Town,
Guntur District and others
... Respondents
Counsel for the Appellants : Mr. Y.N.Vivekananda
Government Pleader
Counsel for the respondents : Mr.Santhapur Satyanarayana
COMMON JUDGMENT (ORAL)
Dt: 30.11.2021
(per Prashant Kumar Mishra, CJ)
Heard learned counsel for the parties on I.A.No.1 of 2021,
application for condonation of delay in all the writ appeals, as well as the
writ appeals on merits.
The writ petitioners' writ petitions for direction to the respondents
to release periodical Annual Grade Increments as was extended to the
similarly situated individuals consequent upon their appointment in the
minimum time scale of pay attached to the post vide G.O.Rt.No.1523
Panchayat Raj & Rural Development (Estt.II.A) Department, dated
26.10.2009, have been allowed by the learned Single Judge directing the
respondents to release the periodical Annual Grade increments.
In one such similar appeal, i.e., in W.A.No.611 of 2021, arising out
of similar order, this Court has dismissed the prayer for condonation of
delay as well as the writ appeal on merits by observing that similar issue
has been settled by the common High Court of Andhra Pradesh in the
matter of P.Khadar Basha and others v. State of Andhra Pradesh1
against which the State has not preferred any SLP before the Hon'ble
Supreme Court. In yet another matter, a coordinate Bench of this Court
in W.A.No.300 of 2021, has also taken a similar view while dismissing the
said writ appeal, vide judgment dated 17.09.2021.
2017 (6) ALD 638 (DB)
In paragraph No.6 of the order passed in the case of P.Khadar
Basha (1 supra), the Division Bench has referred to a similar order passed
in favour of temporary employees of Greater Visakhapatnam Municipal
Corporation (GVMC). When the Tribunal allowed the prayer of the
employees of the said Corporation, the matter was taken to the Supreme
Court and the SLPs preferred by the GVMC were also dismissed.
The issue in these writ appeals being similar and at the same time,
Special Leave Petitions having already been dismissed in similar matter
relating to employees of GVMC, we find that there is no substance in
these writ appeals.
Accordingly, I.A.No.1 of 2021 filed in all the writ appeals as well as
the Writ Appeals stand dismissed. No costs. Pending miscellaneous
applications, if any, shall stand closed.
PRASHANT KUMAR MISHRA, CJ M.SATYANARAYANA MURTHY, J
RAR
HON'BLE MR. JUSTICE PRASHANT KUMAR MISHRA, CHIEF JUSTICE
&
HON'BLE MR. JUSTICE M. SATYANARAYANA MURTHY
W.A Nos.205, 215 & 235 of 2021
(per Prashant Kumar Mishra, CJ)
Dt: 30.11.2021
RAR
