Andhra Pradesh High Court - Amravati
S.Rosaiah, vs The Deputy Director, on 22 August, 2024
IN THE HIGH COURT OF ANDHRA PRADESH AT AMAR
THURSDAY, THE TWENTY SECOND DAY OF AU CUB
TWO THOUSAND ANG TWENTY FQUR
PRESENT:
THE HONOURABLE SMT JUSTICE SUMATHI! JAGADAM
RIT PETITION (AT) No.137 of 2022
Between:
=.Rosaiah, S/o Bala Veeraiah, Aged about 40 Years, Gcco- Part Time
Masaiohi, O/o Sub-Treasury Office, Badvel, Kadapa YSR District
. Applicant
AND
1. The Deputy Director, District Treasury Office, Kadapa, Kadapa YSR
District, 576 004
The District Treasury Officer, Radapa, Kadapa District. 518 227
3. The Director of Treasury and Accnunts, Andhra Pradesh, Anjianeya
Towers, lbrahimpatnam, Vilayawada, Krishna District.
dp
The State of Andhra Pradesh, Represented by its Principal Secretary,
Treasury and Accounts Department, AP Secretariat, Amaravathi,
_ Guntur District.
3. The State of Andhra Pradesh, Represented by its Fringipal Secrefary,
Finance and Planning Department, AP Secretariat, Amaravathi, Guntur
District, |
Respondents
Petition under Article 226 of the Constitution of India 8 praying thal in the
creumstances stated in the affidavit filed therewith, the High Court ray be
pleased to declare that the applicant is entifed for regularization of his
services in any Class-lV category of post under the contro! of the e respondents
in terms of law laid down by the Hon'ble Apex Court reported in (2008) 4 SCC
1 (State of Karnataka Vs Uma Devi) read with Division Bench Judgment dated
19-98-2077 in WP No.27217/2017 of the Hon'ble High Court and for payment of
minimum time seale of pay in the regularised pay scales of 2075 withaut
references fo the cul of date Le., 24-11-1993 mentioned in GO Ms. No.t43
dated 27-08-2018 with all comsequential benefits to set aside the MEMO Reo No.
AMROTN2019 dated 7-2-2019 issued by the 1° respondent by holding the
acton of respondents in not reguiarising the applicants services In any Class-
VV pasis under the contro! of the respondents though the appiciant is work! ng
for more than (24) years of service besides not paying the minimurn fime scale
of pay in revised pay seale of ZO1S is highly Hegal, arbitr rary discriminatory
and subversive of Artiicies 14 and 16 of the constitufion of India
(Amendment is carried out as per the orders of the Tribunal at
TO.04.2079 in MA.196/78 In O.4.2885/78)
INTERIM PRAYER
Peifion under Sectian 181 CPC praying that in the circumstances
Staled In the affidavit fled in support of the pelition, the High Court may be
R : z REP ee TS hex ~ tions Fee Prive me a
Meased fo direct the 1" and 2°" rasnandents to consider the apaicant's
representations dated 12409-2018 and 12-10-3018 for payment of minimurr
ne scale of pay in the revised pay scales of 2015, Pending disposal of
WRIAT) 127 of 8022, on the file of the High Court.
The petition coming an for hearing, upon perusing the Petition and the
alicavit fled in support thereof and upon hearing the arguments of Sr
Yammana Anup Kumar, Advocate for the Petitioner, the Court made the
following
ORDER:
"On 312.2078, the Andhra Pradesh Administrative Tribunal has
granted interim order in G.A.No.2888 of 2018 with the following
tirection:
"Pending further orders, respondents are the
directed to consider the case of the applicant for
' payment of the minimunr time scale of pay fram
07.09.2078 onwards."
Learned counsel for the petitioner submits that in spite of the
arder dated 31.12.2018 passed by the Andhra Pradesh Administrative
Tribunal in O.A.No.2888 of 2018, the respondents have not paid the
minimum time scale of pay to the petitioner.
When the matter was taken up for hearing, the learned
Government Pleader took adjournment for filling counter. The matter was
underwent nearly 10 adiournments, but no counter is fled so far.
in view of the above, the respondents are directed to pay the
minimum time scale of pay to the petitioner as directed by the Andhra
Pradesh Administrative Tribunal, in terms of Sfefe of Punjab vo Jag}it
Singh and also in terms of G.O.Ms.No.142 dated 27.08.2018, within a
period of four (04) weeks fram today.
Post the matter after four (04) weeks.
in the meantime, the respondents are directed ta file their
counter,"
SDM M_SRiiy
° AS
ASSISTANT REGISTRAR
SECTION OFFICER
TRUE CORY CER.
FOF a5 press eee
To,
1. The Deputy Director, District Treasury Cifice, Kadapa, Kadape {
District, 546 004
:
com
a3}
Lod
wand
The District Treasury Offic Kadapa, Kadana District S46 227
The Olractar of Treasury ar and Accounts, Andhra Pradesh, Anianeya
Towers, [brahimpainam, Vi yayawada, Krishna District (Addresses
noel to d by READ)
The Princigal Secretary, S state of Andhra Pradesh }, Treasury and
Accounts Department, AP Secreta; fal, Amaravathi, Guntur District
The Principal Secretary, State of Andhra Pradesh, Finance and
Manning Department AP Secretarial, Amaravathi, Guntur
District (Addressee nos.4 & 5 by Special Messenger}
nS
One CC to Sri Tarnmane An tup Rumar, Advocate [OPUC]
Two OCs to GP for Senvices |, High Court of Andhra Pradesh, (OUT)
One spare copy
HIGH COURT
JS,J
DATED 2e/OR/2024
POST THE MATTER AFTER FOUR (04) WEEKS.
ORDER
WP(AT) No.3? of 2022
wt
~
BOW we oY
Se
OIRECTION
