Andhra Pradesh High Court - Amravati
The A P Scheduled Tribe Coop ... vs R Amuda, on 7 July, 2022
IN THE HIGH COURT OF ANDHRA PRADESH: AMARAVATI
HON'BLE MR. JUSTICE PRASHANT KUMAR MISHRA, CHIEF JUSTICE
&
HON'BLE MR. JUSTICE D.V.S.S. SOMAYAJULU
WRIT APPEAL No.342 OF 2022
(Through physical mode)
The A.P. Scheduled Tribe Coop.
Finance Corporation Ltd., TRICOR,
rep., by its Managing Director, Hyderabad
and others.
..Appellants
Versus
R. Amuda, D/o R. Ramaswamy,
Aged about 45 years,
Occ: Sweeper Last Grade Service,
O/o District Tribal Welfare Officer,
Chittoor, R/o Chittoor, Chittoor District.
...Respondent
Counsel for the appellants : Mr. Y.N. Vivekananda, GP
on behalf of GP for Services II.
Counsel for the respondent : Mr. T. Balaji
ORAL JUDGMENT
Dt:07.07.2022
(per Prashant Kumar Mishra, CJ)
This writ appeal has been preferred aggrieved by the order dated
06.12.2021 passed by learned single Judge in W.P.No.8859 of 2015
directing the appellants (respondents in the writ petition) to sanction
increments to the writ petitioner (respondent herein) from time to time
and also pay fixation in RPS-1999, RPS-2000 and RPS-2010 and extend
the monetary benefits along with arrears within a period of three (3)
months from the date of receipt of copy of the order.
2. The writ petitioner approached the writ Court seeking the following
relief:
HCJ & DVSSS,J
".....to issue an appropriate Writ, Order or direction,
preferably one in the nature of Writ of Mandamus, declaring
the action of the respondents herein in not considering the
representations of the petitioner, latest of which dated
16.03.2015 for sanctioning increments and pay fixation in
the time scale of pay of Rs.2165-4550 in Revision of Pay
Scales-1999. Rs.3850-8600 in Revision of Pay Scales-2005
and Rs.6700-20110 in Revision Pay Scales-2010 and for the
payment of arrears thereon as arbitrary, illegal,
discriminatory and violative of principles of natural justice
and seeking consequential direction to the respondents
herein to sanction the increments and pay fixation from time
to time and pay the arrears thereon to the petitioner herein
forthwith in the interest of justice."
According to the petitioner, she was working as sweeper in the office of
appellant No.3-The District Tribal Welfare Officer/Member Secretary,
TRICOR, from the year 1989. The learned counsel for the
respondent/writ petitioner informed that the writ petitioner was working
since 1992. It is stated that the services of the writ petitioner as Sweeper
were absorbed by sanctioning the pay fixation attached to the Last Grade
Service as per the proceedings of appellant No.3 (respondent No.3 in the
writ petition) vide Rc.No.TR/A1/396/04, dated: NIL, July, 2004 pursuant
to G.O.Ms.No.212, dated 22.04.1994 and the orders passed in several
writ petitions directing the State to implement the said G.O.Ms.No.212. It
is further stated that at the time of absorbing the services of the writ
petitioner, the 3rd appellant absorbed the services of one K.T. Muthu
Kumar in the post of Junior Inspector/Jr. Assistant while sanctioning pay
attached to the said post. It is specific case of the writ petitioner before
HCJ & DVSSS,J
the writ Court that although K.T. Muthu Kumar has been allowed all the
benefits pursuant to the proceedings issued in July, 2004, the writ
petitioner has not been granted all the benefits attached to her post.
3. Mr. Y.N. Vivekananda, learned Government Pleader, would submit
that the proceedings issued in July, 2004 are not in existence and even
Muthu Kumar was not granted benefits on the basis of the proceedings
relied upon by the writ petitioner, but Muthu Kumar has been granted
benefits pursuant to separate proceedings issued in the year 2017 vide
Rc.No.A1/21/2017, dated 26.05.2017.
4. In view of the submission made by the learned Government
Pleader that separate proceedings have been issued to Muthu Kumar in
the year 2017 granting monetary benefits along with the benefit of
Revised Pay Scales, we modify the order of the learned single Judge to
the effect that the writ petitioner (respondent herein) is entitled to the
same benefits as have been made admissible to Muthu Kumar by way of
proceedings dated 26.05.2017. The appellants shall issue proceedings in
favour of the writ petitioner (respondent herein) granting similar benefits
as have been granted to Muthu Kumar, within a period of three weeks
from today.
5. Accordingly, the Writ Appeal is disposed of. No costs. All pending
miscellaneous applications shall stand closed.
PRASHANT KUMAR MISHRA, CJ D.V.S.S. SOMAYAJULU, J
Nn
