M.Veerareddy vs The State Of Telangana
2021 Latest Caselaw 2595 Tel

         THE HON'BLE SRI JUSTICE B. VIJAYSEN REDDY

       WRIT PETITION Nos.4833, 4837 and 6132 of 2021


COMMON ORDER:


      All the writ petitions relate to similar issue with regard to

release of Annual Grade Increments along with other benefits to the

petitioners as granted to other NMRs working in Khammam District

vide different orders issued by the Government.


2.    Petitioner in WP.No.4833 of 2021 had been working the

respondents for more than 30 years. He joined as NMR employee and

now working as Pump Mechanic. Initially, consolidated pay was given

to him. Subsequently, vide proceedings in Rc.No.A1/WCE/840/2009

dated 31.12.2009 permission was granted to fix time scale pay by the

Government and the time scale for Pump Mechanic was fixed as

Rs.4260-9250 + DA. After that twice his pay was revised as per the

recommendations of the pay revision commission and now under the

revised Pay Scales, 2015, the pay of the petitioner is Rs.17890-53950

+ DA. The Government of Telangana issued G.O.Rt.No.468 Panchayat

Raj and Rural Development (PR-II) Department dated 23.07.2015

granting Annual Grade Increments and other benefits to NMR

(technical) working in PR Circle, Khammam District.

3. Petitioners in WP.No.4837 of 2021 had been working with the

respondents for more than 30 years. They joined as NMR employees

and now working as Driver, Night Watchman and Pump Mechanic

(non-technical). Initially, they were given consolidated pay and

subsequently, vide proceedings in Rc.No.A1/WCE/840/2009 dated

31.12.2009 permission was granted to fix time scale pay by the

Government and the time scale was fixed viz. Drivers Rs.4594 - 10825

+ DA; Pump Mechanic (Non-technical) Rs.3850 - 8600 + DA and Night

Watchman Rs.3850 - 8600 + DA. After that their pay was revised

twice as per the recommendations of the pay revision commission and

now under the revised Pay Scales, 2015, the pay of the petitioners is

was fixed viz. Drivers Rs.15460 - 47330 + DA; Pump Mechanic

(Non-technical) Rs.13000 - 40270 + DA and Night Watchman

Rs.13000 - 40270 + DA. The Government of Telangana issued

G.O.Rt.No.498 Panchayat Raj and Rural Development (PR-II)

Department dated 18.07.2018 granting Annual Grade Increments and

other benefits to NMR (technical) working in PR Circle, Khammam

District.

4. Petitioner in WP.No.6132 of 2021 had been working the

respondents for more than 30 years. He joined as NMR employee and

now working as Work Inspector. Initially, consolidated pay was given

to him. Subsequently, vide proceedings in Rc.No.A2/WCE/826/2007

dated 08.11.2007 permission was granted to fix time scale pay by the

Government and the time scale for Work Inspector was fixed as

Rs.5200-11715 + DA. After that twice his pay was revised as per the

recommendations of the pay revision commission and now under the

revised Pay Scales, 2015, the pay of the petitioner is Rs.17890-53950

+ DA. The Government of Telangana issued G.O.Rt.No.468 Panchayat

Raj and Rural Development (PR-II) Department dated 23.07.2015

granting Annual Grade Increments and other benefits to NMR

(technical) working in PR Circle, Khammam District, basing on the

orders passed in O.A.No.9709 of 0211 dated 24.11.2011.

5. The petitioners claim that they are also entitled for the same

benefits under the aforesaid Government Orders and representations

have been submitted in that regard. However, the Annual Grade

Increments, which were granted to certain employees, were not

granted to the petitioners and thus, the petitioners were subjected to

discrimination and the action of the respondents is arbitrary and

unconstitutional.

6. In the counter filed by the respondent No.3, it is stated that the

petitioners have not completed five years service as NMR as on

25.11.1993. They were allowed to continue in service as per the

directions of the Andhra Pradesh Administrative Tribunal. The NMRs

Time Scale holders of Panchayat Engineering Department have

approached the APAT by filing O.A.No.9079 of 2011. As per the

judgment of the APAT in the said OA, G.O.Rt.No.468 dated 23.07.2015

was issued with instructions to the authorities for implementation of

the said order to the NMRs, who were covered in O.A.No.9079 of

2011. The petitioners are not parties to the said OA and hence,

G.O.Rt.No.468 dated 23.07.2015 could not be implemented in case of

the petitioners.

7. Heard learned counsel for the petitioner and the learned

Assistant Government Pleader representing the learned Government

Pleader for Panchayat Raj and Rural Development.

8. The claim of the petitioners is that they are similarly placed as

that of NMR's in whose favour G.O.Rt.No.468 dated 23.07.2015 was

issued. It is a fact that the petitioners are not parties to O.A.No.9079

of 2011. Having granted relief to similarly placed NMRs vide

G.O.Rt.No.468 dated 23.07.2015, the respondents cannot deny the

pay parity to the petitioners. The action of the respondents is violative

of Article 14 of the Constitution of India.

9. The writ petitions are allowed with a direction to the

respondents to grant Annual Grade Increments and other similar

benefits to the petitioners on par with NMRs who were granted annual

grade increments and other benefits vide G.O.Rt.No.468 dated

23.07.2015 and G.O.Rt.No.498 dated 18.07.2018.

Pending miscellaneous petitions, if any, shall stand closed.

There shall be no order as to costs.

__________________ B. VIJAYSEN REDDY, J

September 15th , 2021 DSK