K Balaswamy vs The State Of Andhra Pradesh
2023 Latest Caselaw 4448 AP

  THE HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

                     WRIT PETITION No.24794 of 2023

ORDER:

This Writ Petition is filed under Article 226 of the

Constitution of India seeking the following relief:

"to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus Declaring the inaction of the 3rd respondent herein with regard to non- fixation of new common category pay fixation of Rs.1010- 1800 on par with similarly situated persons in G.O.Rt.No.116 dated 18.02.2020 and by declaring the impugned action as illegal, arbitrary and in violation of rights guaranteed under Article 14, 16 and 21 of Constitution of India and to pass such other order or orders..."

2. Heard the learned counsel for the petitioner and the

learned Government Pleader for the respondents.

3. Learned counsel for the petitioner submits that the

petitioner herein is working as Pump Mechanic Grade-II with

I.T.I. qualification called as work charged employees and work

charged work inspectors with ITI qualification with respondent

Nos.4 and 5. While so, the 1st respondent issued G.O.Rt.No.116,

dated 18.02.2020 under which the respondents guaranteed for

implementation of extension of scale of pay of Rs.1010-1800 for

new common category to work charged employees/work

charged work inspectors. Accordingly, the respondents are

granted extension of scale of pay in respect of some of the

employees who are similarly situated. For which the petitioner

herein also filed a representation before the respondent Nos.4

and 5 on 14.07.2023 to consider their case on par with others

in reference to G.O.Ms.No.116, dated 18.02.2020 and also in

view of the orders of the Andhra Pradesh Administrative

Tribunal(APAT) in O.A.No.7814 of 2013 dated 06.11.2013.

Learned counsel for the petitioner submits that even after

receipt of the said representation of the petitioner in the month

of July, the respondent Nos.3 to 5 herein neither considered the

representation of the petitioner nor informed about the status to

the petitioner. Hence, the present Writ Petition.

4. On the other hand, learned Government Pleader

submits that the 1st respondent issued G.O.Rt.No.116 dated

18.02.2020 granting extension of scale of pay in respect of

employees categorized as work charged employees and work

charged work inspectors with ITI qualification. If the petitioner

comes under the said category, he may entitle as per

G.O.Rt.No.116 dated 18.02.2020.

5. Having regard to the submissions made by the learned

counsel for the petitioner and the learned Government Pleader

for the respondents, without going into the merits of the case,

this Court is of the considered view that the Writ Petition can be

disposed of, directing the respondent Nos.3 to 5 herein to

consider the representation of the petitioner dated 14.07.2023

(dated 13.07.2023) with reference to G.O.Rt.No.116 dated

18.02.2020 and also judgment of the APAT dated 06.11.2013

within a period of six(6) weeks from the date of receipt of copy of

this Order.

6. Accordingly, the Writ Petition is disposed of. There shall

be no order as to costs.

Consequently, Miscellaneous Petitions, if any, pending in

the writ petition shall stand closed.

______________________________________ VENKATESWARLU NIMMAGADDA, J 22.09.2023 TPS

THE HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

WRIT PETITION No.24794 of 2023

22.09.2023 TPS