Telangana High Court
Smt. Sk.Ameena Begum vs The State Of Telangana on 9 November, 2021
Bench: Abhinand Kumar Shavili
1
THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI
WRIT PETITION No.17195 of 2021
ORDER:
This writ petition is filed 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 Respondents in paying 100 percentage gross
salary (Basic pay plus DA plus HRA) to the petitioners as
per their appointment orders and consequential Memo No.
7624/F1/2016-1 dated 13/10/2016 as illegal, unjust,
arbitrary, discriminatory and against the principles of
natural justice and violative of Articles 14, 15, 16 and 21 of
Constitution of India and consequently to direct the
Respondents to pay 100 percentage gross salary (Basic Pay
plus DA plus HRA) to the petitioners as stated in the
appointment orders along with arrears from the date when
the petitioners were stopped paying basis Pay plus DA plus
HRA along with interest 18% per annum along with arrears
from the date of their eligibility and entitlement .....".
Heard Smt.M.Shalini, learned counsel appearing for the
petitioners and the learned Government Pleader for Services-II
appearing for the respondents.
It has been contended by the petitioners that they were
appointed as Multi Purpose Health Assistants during August, 2003
and ever since then, they have been discharging their duties to the
best satisfaction of their superiors and every one concerned.
The grievance of the petitioners is that the respondents are
not paying 100% gross salary to them. Challenging the same, the
present writ petition is filed.
Learned counsel appearing for the petitioners had
contended that similar issue fell for consideration before this Court in
W.P.No.17163 of 2019 and this Court was pleased to allow the said
writ petition vide order dated 09.12.2019 and the said order was
also confirmed by the Division Bench in W.A.Nos.169 and 528 of
2020 vide order dated 14.09.2021. The petitioners are also also
similarly situated persons and they are entitled for 100% gross salary,
as the petitioners were appointed way back in 2003. Therefore,
appropriate orders be passed in the writ petition directing the
respondents to pay 100% gross salary by duly taking into account
the judgment rendered by this Court in W.P.No.17163 of 2019 dated
09.12.2019, which was also confirmed by the Division Bench in
W.A.Nos.169 and 528 of 2020 dated 14.09.2021.
Learned Government Pleader appearing for the respondents
had contended that since the petitioners are not appointed
against the sanctioned posts, they are not entitled for 100% gross
salary. However, if the petitioners submit fresh representation to the
respondents, the respondents would examine the case of the
petitioners and pass appropriate orders in accordance with law.
This Court, having considered the rival submissions made by
the parties, is of the considered view that this writ petition can be
disposed of directing the petitioners to submit a fresh representation
to the respondents within two weeks from the date of receipt of a
copy of this order seeking 100% gross salary. Upon such a
representation being received, the respondents shall consider the
case of the petitioners by duly taking into account the judgment
rendered by this Court in W.P.No.17163 of 2019 dated 09.12.2019
and pass appropriate orders in accordance with law, within a
reasonable period, preferably within a period of eight weeks
thereafter.
With the above directions, the writ petition is disposed of. No
costs.
Pending miscellaneous petitions, if any, shall stand closed.
____________________________
ABHINAND KUMAR SHAVILI, J
09.11.2021
Prv
