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Bathula Aruna Kumari, vs The State Of Andhra Pradesh,
2022 Latest Caselaw 3989 AP

Citation : 2022 Latest Caselaw 3989 AP
Judgement Date : 14 July, 2022

Andhra Pradesh High Court - Amravati
Bathula Aruna Kumari, vs The State Of Andhra Pradesh, on 14 July, 2022
Bench: Ravi Nath Tilhari
           HIGH COURT OF ANDHRA PRADESH:: AMARAVATI

       MAIN CASE No: W.P.Nos.12735, 12777 & 12790 of 2019
                                PROCEEDING SHEET
Sl.                                                                                  OFFICE
         DATE             ORDER
No                                                                                   NOTE.
                          RNT,J
13.      14.07.2022       1.     Sri Atmakuri Sai Rohit, learned counsel for
                          the petitioner and the learned Government Pleader
                          for    Services-II    have   raised   arguments       in
                          furtherance     of    the    submission       made   on
                          08.07.2022.
                          2.     Learned counsel for the petitioner placed
                          reliance   in   the   judgment     dated     21.04.2022,
                          passed by this Court in W.P.No.1352 of 2021
                          (Gudikandula Jagadish and others vs. The State
                          of A.P., rep., by its Principal Secretary, Panchayat
                          Raj Department, Secretariat, Velagapudi, Guntur
                          district) in which relying upon the Division Bench
                          Judgment in Government of Andhra Pradesh
                          and others vs. S. Nageswara Rao and others1,
                          the respondents were directed to grant minimum

of pay scale, with annual grade increments from time to time to the petitioners of the said writ petition at par with the regular employees discharging the similar duties corresponding to their respective posts.

3. Following the Division Bench judgment in S. Nageswara Rao (supra) many orders were passed, out of which few have been placed before this Court today.

4. The judgment of the Hon'ble Supreme Court in Ram Naresh Rawat vs. Ashwini Ray and others2 was not noticed by this Court in W.P.No.1352 of 2021 as also in other orders.

5. In Ram Naresh Rawat (supra), it was clearly held, in para No.17, that even if the principle of equal pay for equal work is applicable,

2012(1) ALD 26 (DB)

(2017)3 SCC 436

the temporary employees shall be entitled to minimum of the pay scale which is attached to the post, but without any increments.

6. The petitioner's counsel placing reliance in Gudikandula Jagadish (supra) seeks same benefit for the present petitioner, but when confronted with the case of Ram Naresh (supra) submits that the case in Gudi Kandula Jagadish (supra) was argued by his senior Sri M. Srikant, and requests that the matter be posted on 20.07.2022 to enable him to request Sri M. Srikant to appear in this case as well.

7. Considering the importance of the issue involved, the matter is posted for 20.07.2022, for further hearing as part heard.

8. The Court expects Sri M. Srikanth, Advocate to appear in the present matter on the next date fixed.

9. List on 20.07.2022 under the same caption, with record of W.P.No.1352 of 2021 also.

________ RNT,J Gk

 
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