Andhra Pradesh High Court - Amravati
The State Of Ap vs G Srinivasa Rao on 21 August, 2024
1
GN, J. & KM, J.
Writ Appeal No.476 of 2024
APHC010209092024
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3487]
(Special Original Jurisdiction)
WEDNESDAY ,THE TWENTY FIRST DAY OF AUGUST
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE G.NARENDAR
AND
THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA
WRIT APPEAL NO: 476/2024
Between:
The State Of Ap and Others ...APPELLANT(S)
AND
G Srinivasa Rao and Others ...RESPONDENT(S)
Counsel for the Appellant(S):
1. GP FOR SERVICES I (AP)
Counsel for the Respondent(S):
1. A V S LAXMI
The Court made the following:
JUDGMENT:
(per Hon'ble Sri Justice G.Narendar)
Heard the learned Government Pleader for Services-I appearing
for the Appellants and Dr.P.B.Vijay Kumar, learned Senior Counsel,
along with Sri K.R.S.Prakash Rao and Smt.A.V.S.Laxmi, appearing for
the respondents/writ petitioners.
2. The parties herein are referred to in this Appeal by their
nomenclature before the learned Single Judge for the sake of
convenience.
GN, J. & KM, J.
3. This intra-Court Appeal is directed against the order, dated
06.03.2023, passed by the learned Single Judge whereby the learned
Single Judge, taking note of the fact that the petitioners have been
rendering service as Clerical Assistant (non-technical) and Jeep Driver
(technical) over a period of two decades, has partly allowed the Writ
Petition and directed the payment of minimum time scale to the
petitioners, while rejecting the relief of regularization.
4. The very fact that the petitioners have been rendering service in
the same posts would indicate the necessity for the said posts. Be
that as it may, the fact remains that there is no dispute that the
petitioners have been rendering service over the last two decades and
as directed they are required to be paid the minimum time scale
attached to the posts of Clerical Assistant (non-technical) and Jeep
Driver (technical).
5. In fact, the learned Senior Counsel Dr.P.B.Vijay Kumar,
appearing for the writ petitioners, would place reliance on orders of two
Co-ordinate Benches rendered in W.A.No.1012 of 2013 and batch and
another batch of writ petitions being W.P.No.4781 of 2019 and batch,
wherein the co-ordinate Benches had been pleased to uphold similar
directions.
GN, J. & KM, J.
6. In that view of the matter and in view of the fact that the
Government has also issued certain proceedings in respect of the
Endowment Department directing the payment of minimum time scale
to the last grade employees, we are also of the considered opinion that
the writ petitioners would be entitled to a similar relief. That apart, we
find that there is a huge delay of 390 days in filing the present writ
appeal.
7. In that view of the matter, we do not find any error warranting
our interference with the order of the learned Single Judge.
Consequently, the Writ Appeal stands dismissed. No costs.
8. It is made clear that this judgment shall not be treated as a
precedent.
Consequently, miscellaneous petitions, pending if any, shall
stand closed.
____________________
JUSTICE G.NARENDAR
______________________________
JUSTICE KIRANMAYEE MANDAVA
Date:21.08.2024.
cs/anr
