Andhra Pradesh High Court - Amravati
Kancha Brahmaiah And Others vs The State Off Andhra Pradesh And Others on 5 September, 2024
APHC010393422021
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3310]
(Special Original Jurisdiction)
THURSDAY ,THE FIFTH DAY OF SEPTEMBER
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE DR JUSTICE K MANMADHA RAO
WRIT PETITION NO: 24114
24114, 25993, 25995 AND 30094 OF 2021
WRIT PETITION NO: 24114 OF 2021
Between:
Kancha Brahmaiah and Others ...PETITIONER(S)
AND
The State off Andhra Pradesh and Others ...RESPONDENT(S)
Counsel for the Petitioner(S):
1. S SATYANARAYANA MOORTHY
Counsel for the Respondent(S):
1. GP FOR SERVICES IV
2. GP FOR SERVICES I
The Court made the following:
COMMON ORDER:
-
Writ Petition No. 24114 of 2021 is filed under Article 226 of the
Constitution of India
"to
to issue a Writ or Order or Direction more particularly on
onee in the nature of
Writ of Mandamus to declare
eclare the iinaction
naction of the Fourth Respondent in not considering
the Letter sent by the Fifth Respondent District Collector Vide ROC No.2775/2018-
No.
A10, Dated 21.09.2021
2021 in which it was proposed to pay Salaries to the Petitioners
who were appointed in Provincialised posts and entitled for the Salaries under
under-010
Head of Account from the Treasury Department and the conduct of the Respondents
treating the Petitioners as not regular employees is incorrect, is illegal, unjust and
violative of fundamental rights enshrined by Articles 14, 16 and 21 of the Constitution
of India, contrary to the Judgments of Hon'ble Supreme Court and consequently to
issue Proceedings Regularise their services from the date of initial Appointment and
consider their Previous Service from the date of initial appointment and consider their
Previous Service from the date of initial appointment for the purpose of Pensionary
Benefits and to set aside the Consequent Memo No.139440/Est.III/A2/2021, dated
st
12.12.2022 issued by the 1 respondent and pass such other and further orders".
Writ Petition No.25993 of 2021 is filed under Article 226 of the
Constitution of India
"to issue a Writ or Order or Direction more particularly one in the nature of
Writ of Mandamus to declare the inaction of the respondents in not paying the
Salaries to the petitioners, who were appointed in Provincialised posts, and entitled
for Salaries under -010- Head of Account from the Treasury Department, and the
conduct of the Respondents treating the petitioners as not regular employees is
incorrect is illegal, unjust and violative of fundamental rights enshrined by Articles 14,
16 and 21 of the Constitution of India, contrary to the Judgments of Hon'ble Supreme
Court and consequently to issue Proceedings Regularize their services from the date
of initial Appointment, consider their Previous Service for the purpose of Pensionery
Benefits and for consequential benefits and to pass such other and further orders".
Writ Petition No.25995 of 2021 is filed under Article 226 of the
Constitution of India
"to issue a Writ or Order or Direction more particularly one in the nature of
Writ of Mandamus to declare the inaction of the respondents in not paying the
Salaries to the petitioners, who were appointed in Provincialised posts, and entitled
for Salaries under -010- Head of Account from the Treasury Department, and the
conduct of the Respondents treating the petitioners as not regular employees is
incorrect is illegal, unjust and violative of fundamental rights enshrined by Articles 14,
16 and 21 of the Constitution of India, contrary to the Judgments of Hon'ble Supreme
Court and consequently to issue Proceedings Regularize their services from the date
of initial Appointment, consider their Previous Service for the purpose of Pensionery
Benefits and for consequential benefits and to pass such other and further orders".
Writ Petition No. 30094 of 2021 is filed under Article 226 of the
Constitution of India
"to issue a Writ or Order or Direction more particularly one in the nature of
Writ of Mandamus to declare the inaction of the Fourth Respondent in not paying the
Salaries of the Petitioners as per the Proceedings of Sixth Respondent District
Panchayat Officer, vide ROC No.2870/2018, G10, dated 28.08.2020 and 14.08.2020,
in which it was proposed to pay Salaries to the Petitioners, who were appointed in
Provisincialised posts, and entitled for the Salaries under -010- Head of Account from
the Treasury Department and the conduct of the respondents treating the petitioners
as not regular employees is incorrect, is illegal, unjust and violative of fundamental
rights enshrined by Articles 14, 16 and 21 of the Constitution of India, contrary to the
Judgments of Hon'ble Supreme Court and consequently issue proceedings regularize
their services from the date of initial appointment, consider their previous service for
the purpose of Pensionary Benefits and for consequential benefits and to pass such
other and further orders".
2. Heard Mr. S.Satyanarayana Moorthy, learned Senior Counsel for the
petitioners and Mr. Shaik Rasheed Ahammed, learned Assistant Government
Pleader, Services-I and Services IV for the official respondents.
3. These Writ Petitions arise out of the same issue and therefore are
being disposed of by a common order.
4. The main grievance of the petitioners is that they were appointed in
Provincialized posts and that they are entitled for the salaries under -010-
Head of Account from the Treasury Department and the conduct of the
respondents treating the petitioners as not regular employees is illegal and
arbitrary. Hence, the present writ petitions came to be filed.
5. During hearing learned Assistant Government Pleader for the
respondents vehemently opposed to allow the writ petitions, but conceded that
the petitioners have appointed in provincialized posts, but their case could not
be considered for regularization as per A.P.Regulation of Appointments to
Public Services and Rationalization of Staff Pattern and Pay Structure Act,
1994 as they could not complete the required ten years service as on the cut
off date, but they are eligible for regularization subsequently.
6. Perused the record.
7. It is undisputed fact that the petitioners have been appointed in
provincialized posts and working in the respective offices of respondents.
Therefore, the petitioners are eligible and entitled the salaries under 010-
Head of Account from the Treasury Department on par with regular
employees. Further the District Collector, SPSR Nellore District addressed a
letter to the Deputy Director, District Treasury Office, SPSR Nellore District
vide R.O.C.No.2775/2018-A10, dated 21.09.2021 directing them to pay
salaries under 010- Head for the persons who were adjusted in Provincialized
posts as per G.O.Ms.No.268, dated 28.08.2009. Therefore, it is very clear that
the petitioners were appointed in Provincialized posts and that they are
entitled for drawing salaries through 010-Head of Account from the Treasury
Department.
8. Having regard to the facts and circumstances of the case, upon
perusal of the material available on record and considering the submissions of
both the counsel, this Court is inclined to direct the respondents to pay
salaries to the petitioners, who are appointed under Provincialized Posts
under -010 Head of Account from the Treasury Department in terms of the
proceedings of the District Collector, SPSR Nellore District, dated 21.09.2021
with immediate effect.
9. With the above direction, these Writ Petitions are disposed of. There
shall be no order as to costs.
As a sequel thereto, miscellaneous petitions, if any, pending shall stand
closed.
______________________________
DR. JUSTICE K. MANMADHA RAO
Dated: 05.09.2024.
KK
