Andhra Pradesh High Court - Amravati
Appibhai Gari Abid Ali vs The State Of Andhra Pradesh on 18 November, 2022
£3929)
iN THE BHHGH COURT OF ANDHRA PRADESH AT AMARAVATI
FRIDAY, THE ERSHTEENTH DAY OF NOVEMBER
TWO THOUSAND AND TWENTY TWO
PRESENT:
THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADD:
IA No. 7 OF 20249
iN
WP NO: 28383 OF 20249
Baehwean:
Appibhai Gan Abid Al, Sfo. Apnibhal Gari Abdul Vahab, Age- 0 years, Rfa. 1-12-18,
Gareeb Nagar, Aimakur, Kurnool District, Andhra Pracesh.
Pathoner
(Patitioner in Wr 25383 GF 2024
an the His of High Court
AND
t. The State of Andtra Pradash, Reprasented by its Principal Secrefary,
Municizal Administration and Urban Develonment Department, Secratariat,
Velagapudi, Guriur District.
2. The Commissioner and Dlrectoar of Municipal Administration, Gorantla, Guntur
District, Andhra Fracesh.
The Commissioner, Abmakur Muricinaliy, Kurnool District, Andhra Pradesh -
SI8428.
Gn5
_ Raspanderis
{ Respondents | m-do-}
Counsel for the Petitioner: SRIS.DHEERA KANISHKA
~ounsal for the Respondent Nos.] & 2: GP FOR MUNICIPAL ADMINISTRATION
& URBAN DEVELOPMENT
Counsel for the Reapondent No.g: SRLN.RANGA REDDY, STANDING
COUNSEL
Petition under Section 157 OPC is fled praying that in the circusnefances
Siated in fhe affidavit Hed in support of the writ petition, the High Court may be
pleased to drect the Respondents io conskler fhe patiioners case for grant of
mi infimum lime scala of pay, DLA, annual grade increments and other allowanos
forthwith, pending disposal of WP No. 253585 of 2021, on the file of the High Court.
Ths court while directing issue of notice fo ihe Respondents herein to sheay
cause as fo why thie apohoation should not be complied with, made the following
oderiThe receaint of tie order wil be dmaemec io be the receipt of notice In the
CASS}.
THs apgiicafion fle by the petitioner sesking direction fo the respondents to
consider the petitioner's case for grant of minimum time seals of pay, B.A. Annual
rade Inorsments and afher alleavances forthwith.
Leamed counadi for the patiioner submits that the petifloner was appointed
as PWe (Public Works Services} Watchman on contract basis in Atneakur Gram
Panchayat in August, 1992 and meanwhile the Aimakur Gram Panchayat has been
modified as Aimakur Nagar Panchayal and later upgraded fo Aimakur Municipality.
Me funher submis that the petifioner was working in the Respondent's
Gevernmant Deparhrient all the way fram 1992 even before the Atmakur Municipal ty
was established. The Petiinner has compieted 29 years of unblemishert record anc
has been discharging his duties with ubrmst since ry and devotion, The servioss of
the petitioner were appreciated by one and all of the superior officers in the
deparimen! especially during the COVID-19 Pan demic Feriod.
He further submits thaf in sve of his repeated representations to Respondent
Nog ari Respondent No vide 25.07.2027 & 28.08. 2081, there is no heat given te
ihe petitioner's pleas and the peliioner was not absorbed and aot regularised au
date.
Leamed counsel for peliiioner relied on a judgment passed by erstwhile
Coron High Court in Wei Pefifon No SS*8e8 of ANY wherein if is held thus
"S. Vhis order issued wih the conaureance of Finanoes (PC.191)
Deparment, vide ander LO No Se0tvGOYYATPCUH2OTS, datad
2
$8.68.2012, and vide thelr UO No SCSG/PFSIREVAH2, dated 28.8. 2042.
\
x
From the above ranroduced contents of fhe G.O. 4 is clear thal cerain
O.As Hed by the fernporary employees of the Greater Visakhapatnam
Municigal Gorporalion (or short the GVMC) were allowed directing grant of
annual grade incremenis in {he muremumn ime soale and the Wii Petitions
d against ihe agid orders were dismiesed by this Gaurt. The SLPs filed
wy the GVMC were also diemissed by the Supreme Court. in paragraph-2
of the said G.O, i is stated that the GVMC has exhausted afl legal
remedies and thal, there was no alternative other than implementing the
order of the Tribunal. Accordingly, fhe Govammment has ieued the said
G.O. granting the annual grade incramants to the applicants in the said
GLAs in the me scale wherein their pay was fixed apart fram granting
arrears aise,
The learned sanior counsel has also drawn our affantion to the judgment of
om
a Division Bench of this Court in Government of Andhra Pradesh and
offers Vs. &.Nageswara Rao and offers, wherein this Caurt allowed a
simiar claim made by NMRsAemporary employees af certain
murnicivaliiies. in this confext, is ant to extract the observations of the
Division Bench below:
"There is na dispute that all of tham were given reguiar ¢oale of pay
and aise conferred the benefit of revised pay scaiss as and when
_ few scales were implemented in the State of Andhra Pradesh. After
ging regular scale of pay and alse granting annual grade
increments for some fime, various Municipalities and Municipal
Corporations stopped releasing Increments and ghing revised
ataies of pay, necessilating adjudication of the same by the Andhra
Pradesh Admiristrative Tribunal, The respondents are
casusl//NMRAemporary Class NY ernpioyees, wha do similar work
and discharge similar functions as any requilar Class-t ¥ employeas.
The princige of equal pay for equal work would bar the State ar is
agents from denying annual grade inorernents and revised sagie of
pay to the fresno ndanis. We are, therefore, not impressed with the
argument that the grant of annual grade incranrienis or grant of
revised pay scales io the respondents would corfravane the
gravisiors of the A.P_Act 2 of 1994",
HW? Our view, ihe pelifioners are eniitied fo the relief claimed by them based
on the sbovednentionad precedents. Even olherwise aisc, gaing by the
definiion of time scale of pay in Ruling-Oi(a} of Rule 9 of the Andhra
Fraciesh Fundarenial Rules, the petitioners are entitled to sayrnent of
incremernis, This Rule reads as undan
Time scale of pay means pay which subyect to any condition
orescribed in these rules, rises by periodical increments from 4
minimum to maximum. iH indicates the clase of pay Altherfo known
38 Dragressive',
The above-exstracted definition of ime acale of pay [email protected] us in ne doubt
fhaf the scale of pay has fo change with the change of times by addition of
periodical increments. Dthenvise, ihe expression tine scale would have ac
meaning at all.
in the Aght of the above discussion, we are of the opinion that as the
petitioners have been extended the minimum time scale, they are entitled
to addlion of increments from time to fme in the minimum time scale
without being entitled fo all other allowances which a regular employee is
eniied. The learned Gavemment Pleader for Senioes (Andhra Pradash)}
submitted that the Court may consider liniting the grant of annual grade
moramanis fo ise peldionears io a raasonabic past seried as, the relie? of
payment of arregre, WY granted from {he lime of extension of the minimum
time scale io ihe petivioners, would cause huge Qurden on the exchequer.
Henge iy strict sans, the pstifionera are antiied to all the arrears,
St
keeping in Wew the fact hat they have apnroached the Tribunal only in the
§ : ¥
ict
year 2013 and aiso the public interest, we restrict the said benefit only from
4
the date of fling of fhe said GA by the petitioners. The Writ Patti
oy igs
NES,
o
aooardingly, allowed! in pert to ihe extent indicated above. Tha respondanis
shall reviae the minimum time scale of pay of the petitioners by adding the
annual grade increments as and when they fall due frorn tine to time"
Laamed counsel for petdicmer alsa relied an a
{paragraphs § and 8).
"8. in aur view, the peliierers are eniified to the relief claimed by then
based on the above-mentioned precedents. Even otherwise also, going hy
QOHg: OY
the definition of tine scale of pay in Rulng-3i/a) of Rule-8 of the Andhra
Pradesh Fundamental Mules, ihe petitioners are entitled fo payment of
Tv z
A
increamnenta. This Rude rsads as under:
Time scale of pay means pay wht ich subject fo any condition
prascribedd in these ruJes, rises by peric increments from a
mrimui fo maxntium. [f indicates ihe class of pay hitherto Kron wy
AS PMAIASSIVE,
HMoayile High Court of AP. in WR No SdO) of S020. wherein # is held thus:
&. The abows-extracted definition of tines scale of pay leaves us inno doubt
that the scale of pay has fo change with the change of times by addition of
periodical incrernents. Otherwise, thea expression Une scale would have
no meaning at all.
Accordingly, this application is allowed and the raspandents are directed fo
immement the time scale of pettioner from the date of Hing of this writ petition.
Fost after four (4) weeks.
SD/-SHAIK MONAMMED RAFI
ASSISTANT REGISTRAR
(TRUE COPY!
ror ASSISTANT REGISTRAR
Ts,
1. The Principal Secretary, Municipal Administration and Urban Developrnent
Department, State of Andhra Pradesh, Secretariat, Velagaouel, Guntur
Dusirict,
2. The Commissioner and Oirector of Municipal Administration, Gorantia, Guntur
District, Andhra Pradesh.
3. The Camrmiasioner, Atrrakur Muninipalily, Kurnool District, Andhra Pradesh -
S184228 14 to 3 By RPAD
4. One GC ia SRLS DHEERA KANISHEA Advocate [OPUC)
5. Two OCs to GP for Municipal Administration and Urban Develcpment, High
Court Of Andhra Pradesh. POUT]
8. One CC fo Sn.N Ranga Reddy, Standing Counsel (OPUC]
7. Ore spare copy
SRE
HIGH COURT
NYU
BATTED SS 2082
NOTE: POST AFTER FOUR (4) WEERS
ORDER
LANo DOF 2022
iN
WP. No. 28983 of 2024
ALLOWED
