Andhra Pradesh High Court - Amravati
T.Seshagiri vs The Government Of Andhra Pradesh on 6 January, 2023
1
THE HON'BLE Dr.JUSTICE K. MANMADHA RAO
WRIT PETITION (A.T) No.474 of 2021
ORDER:
This Writ Petition is filed, seeking the following relief:
".....to issue a Writ, Order or direction to call for the records
connected to order in proceedings R.C.No.H4/6557/2011, dated
14.10.2015 passed by the 3rd respondent therein, examine the
same and set it aside after declaring the same as illegal, irregular,
irrational and violative of principles of service jurisprudence and
consequently the 3rd respondent herein to fix the notional seniority
in the cadre of typist i.e from 30.11.1987 and give him all
consequential benefits such as revision of seniority and promotion
as Senior Assistant and further promotion as Office Superintendent
(Extension Officer (PR and RD)) and other benefits as per
Government memo dated 11139/E-VA/2011, dated 09.06.2011
passed by the 1st respondent herein and order in
R.C.No.H6/3277/2008, dated 15.10.2009 passed by the Deputy
Chief Executive Officer, Eluru and pass such other orders."
2. Heard Mr. I. Munni Raja, learned counsel for the
petitioner and learned Government Pleader, Services-IV and Mr. G.
Srinivasulu Reddy, learned Standing Counsel for the respondents.
3. The brief facts of the case are that the petitioner was
appointed as Typist on daily wage basis from 30.11.1987. The
Government also issued G.O.Ms.No.618, dated 23.09.1994
regularizing the services of the petitioner from the date of his
initial appointment i.e from 30.11.1987 along with other persons.
While the matter stood thus, the petitioner was kept under
suspension from 04.09.1995 to 14.07.1999 on the ground that
there was a private criminal case pending against him. Therefore
the respondents did not revise the pay scales as per the
regularization order passed by the Government dated 23.09.1994.
Inspite of the orders passed by the learned Tribunal and also this
Court the Mandal Parishad Development Officer, Nallajerla paid
the arrears of salary and allowances in the year 2007 as per orders
of the learned Tribunal in O.A.No.377 of 1996, dated 17.09.1997.
But the respondents did not fix correct pay for grant of automatic
advancement scheme increments for 8 and 16 years from the date
of his initial regularization i.e 03.11.1987 as Typist. Therefore the
petitioner made representations to the respondents, but in vain.
Hence the petitioner filed O.A.No. 3368 of 2008 before the learned
Tribunal. Pursuant to the order of the learned Tribunal dated
14.07.2009, the Deputy Chief Executive Officer, Zilla Praja
Parishad, Eluru granted Automatic Advancement Scheme of 8/16
years scale and pay to the petitioner taking into consideration of
the date of initial appointment and regularization i.e 30.11.1987
vide proceedings dated 20.11.2009 and declared probation and the
same was entered into service book also. It is further contended
that some of the juniors of the petitioner were promoted as Senior
Assistant in the year 2003 and also promoted as Office
Superintendent in the year 2010. Inspite of several
representations, the respondents failed to fix the notional
seniority, though the petitioner's services were regularized with
effect from 30.11.1987. Therefore inaction of the respondents is
questioned in this Writ Petition.
4. No counter-affidavit is filed.
5. During hearing learned counsel for the petitioner would
contend that inspite of several orders of this Court and also
learned Tribunal the respondents deliberately not implementing
the same and failed to fix the notional seniority of the petitioner.
Consequently the respondents effected promotions to the juniors
of the petitioner, without considering his case, which is highly
illegal and arbitrary.
6. It is apparent on the face of the record that the petitioner
has moved several cases before the learned Tribunal as well as this
Court. Learned Tribunal passed an order in O.A.No.9217 of 2011
directing the respondents to consider the case of the petitioner for
notional seniority in the cadre of Typist, Senior Assistant and
Officer Superintendent/ Extension Officer in the department by
taking into consideration the date of regularization i.e from the
date of appointment as 30.11.1987 as per G.O.Ms.No.618, dated
23.09.1994. Subsequently the respondents failed to do so. In view
of gross negligence on the part of the respondents, the juniors of
the petitioners were promoted to the next higher cadre. Further
the petitioner fought against the respondents by filing series of
cases for respective reliefs since several decades. Therefore in view
of the catena of judgments passed by the Hon'ble Apex Court and
also this Court in similar set of facts, this Court felt it appropriate
to allow the writ petition in to to as it is made clear that the as per
directions of the learned Tribunal directed the respondents to fix
the notional seniority in the cadre of Typist, Senior Assistant and
Officer Superintendent/ Extension Officer in the department by
taking into consideration the date of regularization i.e from the
date of appointment as 30.11.1987 as per G.O.Ms.No.618, dated
23.09.1994.
7. Accordingly, the Writ Petition is allowed, while declaring
the impugned proceedings dated 14.10.2015 issued by the 3rd
respondent as illegal and arbitrary and same is hereby set aside.
The respondents are directed to fix the notional seniority in the
cadre of Typist with effect from 30.11.1987 and release all
increments and consequential benefits to the petitioner, such as
revision of seniority and further respective promotions to the next
higher level along with consequential benefits as per Government
memo dated 09.06.2011 issued by the 1st respondent and order in
R.C.No.H6/3277/2008, dated 15.10.2009 passed by the Deputy
Chief Executive Officer, Eluru, within a period of eight (08) weeks
from the date of receipt of a copy of this order. There shall be no
order as to costs.
As a sequel, miscellaneous applications pending, if any, shall
also stand closed.
___________________________________
DR.JUSTICE K. MANMADHA RAO
Date: 05.01.2023.
KK
THE HON'BLE Dr.JUSTICE K. MANMADHA RAO
WRIT PETITION (AT) No.474 of 2021
Date:05.01.2023.
KK
