Smt. M. Varsha And 2 Others vs The State Of Telangana And 4 Others
2022 Latest Caselaw 6862 Tel

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                                                                  WP No.15913 of 2019

     THE HON'BLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO


                  WRIT PETITION NO. 15913 OF 2019


ORDER:

The present Writ Petition is filed for the following relief:

"... to issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus by declaring the entire action of the respondents in not releasing periodical increments and other allowances to the petitioners like similarly situated persons, on the sole ground that, the petitioners herein are not obtained any favorable orders from this Hon'ble Court like other similarly situated persons is as highly illegal, arbitrary, unjust, improper, discriminatory, violative of all principles of natural justice, contrary to law laid down by this Hon'ble Court including Hon'ble Apex Court in the same subject matter, and consequently to direct the respondents to forthwith grant annual grade increments to the petitioners herein w.e.f. the day on which they are extended minimum time scale of pay with arrears like other similarly situated persons, in view of various judicial pronouncements in the subject matter including latest judgment 2017 (6) ALD 638 (DB) and to pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case."

2. It is contended by the petitioners that the relief sought by

the petitioners is squarely covered by earlier orders of the Tribunal

dt.02.11.2012 in O.A.No.8638 of 2012, confirmed by this Court in

W.P.No.6330 of 2013 dt.22.03.2013 and Hon'ble Apex Court in Civil 2 RRN,J WP No.15913 of 2019

Appeal (C) No.19785 of 2013 dt.11.07.2013, including latest orders

passed by this Court in W.P.No.26788 of 2017 dt.10.08.2017.

2.1. It is further contended by the petitioners that they are

also extended the benefit of PRC from time to time except release of

periodical increments. The question of releasing of periodical

increments to the persons whose pay is fixed in the minimum time

scale attached to the post subject to regularization of services fell for

consideration before the Tribunal in O.A.No.7195 of 2002 wherein the

Tribunal held that the applicants therein whose pay was fixed in

minimum time scale like the petitioners herein, are eligible for

periodical increments. Aggrieved by the above orders, the State filed

W.P.No.27214 of 2005 and the same was dismissed by its order

dt.23.08.2006, and subsequently, similar orders were passed by

another Division Bench in W.P.No.1503 of 2006 dt.23.08.2006, and

the above orders were upheld by the Hon'ble Apex Court in SLP (C)

7957 of 2007 dt.14.12.2009.

2.2. It is further contended by the petitioners that again the

Panchayat Raj Department assailed similar orders passed by the

Tribunal in O.A.No.9079 of 2011 dt.24.11.2011 in W.P.No.16996 of

2012 and the same was dismissed by this Court confirming the above

orders of the Tribunal. Aggrieved by the same, the Government filed

SLP No.37870 of 2012 and the Hon'ble Apex Court dismissed the said 3 RRN,J WP No.15913 of 2019

SLP on 14.10.2014 and subsequently, the applicants therein were

released periodical increments. Apart from the above, a similar

issue fell for consideration before this Court in W.P.No.26788 of 2017

wherein the Hon'ble Division Bench by its order dt.10.08.2017

categorically held that the persons whose pay is fixed in the

minimum time scale of pay, are entitled for increments duly taking

into consideration of earlier orders of this Court and also Hon'ble

Apex Court.

2.3. It is further contended by the petitioners that the AP

Administrative Tribunal vide its order dt.02.11.2012 in O.A.No.8638

of 2012 allowed the plea of a similarly situated person by granting

release of periodical increments from the date of granting minimum

time scale of pay. The State filed W.P.No.6330 of 2013 before this

Court and the same was dismissed on 22.03.2013. Aggrieved by the

same, the State further filed SLP No.19785 of 2013 before the Hon'ble

Apex Court and the same was dismissed vide orders dated

11.07.2013 by confirming the orders of this Court and the Tribunal.

Reliance was also placed on the decision of a Division Bench of this

Court in W.P.No.5556 of 2018 and batch dated 23.08.2018 wherein it

was held that the incumbents who are getting minimum time scale of

pay are entitled for periodical increments.

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                                                           WP No.15913 of 2019

2.4        It is further contended by the petitioners that recently, the

Government of Telangana also issued orders vide G.O.Rt.No.498 PR

&RD (PRII) Department dt.18.07.2018 extending the benefit of

releasing annual grade increments along with arrears to NMR time

scale employees working in PR circle, Khammam District. The

petitioners have been making representations to the respondents

since 2012 for grant of periodical increments on par with similarly

situated employees, but the respondents are not extending the

benefit of periodical increments to the petitioners. Accordingly,

prayed to allow the Writ Petition.

3. Counter filed by the respondents denying all the material

contentions of the petitioners and contended that the respondents

have clearly rejected the request of the petitioners for sanction of

annual grade increments vide Procs.No.E1/32/2004 dated

08.05.2012 of District Collector, Chairman, District Rural

Development Agency, Adilabad. Also, the request of the 1st petitioner

dated 29.04.2017 for sanction of Annual Grade

Incrementw.e.f25.07.2006 was addressed to by the 2nd respondent

vide Lr.No.3335/RD/SHGs/DRDA/Admn/2013, dated 03.11.2017

informing the 1st petitioner her request was already rejected by way of

speaking orders dated 08.05.2012 and that no further action is

needed.

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3.1   The    respondents    have   further   contended    that     the   2nd

respondent     in   its   Memo   No.5262/RD.SHGs/DRDA/Admn/2012

dated 01.09.2012 have issued specific instructions to all the Project

Directors of District Rural development Agencies in the state on

sanction of Periodical increments given to the temporary employees

like persons working on minimum time scale in certain District Rural

Development Agencies which is contrary to rules and hence issued

instructions to all the Project Directors of the District Rural

Development Agencies, in the state to take immediate action for

cancelling the orders issued for sanction of Annual Grade Increments

to such employees.

3.2 It is further contended by the respondents that the petitioners

are not entitled for sanction of Annual Grade Increment in light of the

instructions issued by the 2nd respondent vide Memo

No.5262/RD.SHGs/DRDA/Admn/2012 dated 01.09.2012 and

Lr.No.3335/RD. SHGs/DRDAAdb/2013 dated 03.11.2017 and earlier

orders issued by the Commissioner, WE&SE, Andhra Pradesh,

Hyderabad vide Memo.No.5145/WE.V(2)/2003 dated 20.11.2003 and

thereupon orders of the 3rd respondent vide Memo.No.10940

(RD,V(2)/2005, dated 08.03.2006. Further, the petitioners are

already enjoying minimum Basic Pay as per Revised Pay Scale

sanctioned by the Government from time to time and it cannot be 6 RRN,J WP No.15913 of 2019

said that by not allowing increments it can amount to any violation.

Accordingly, prayed to dismiss the writ petition.

4. Heard both sides. Perused the record.

5. Learned counsel for the petitioners vehemently argued

that similarly situated persons approached different Forums and

obtained orders in their favour and the Hon'ble Apex Court dismissed

several SLPs filed by the Government against the orders passed by

this Court and also Division Bench as stated supra. It is brought to

the notice of this Court that the Hon'ble Apex Court in Smt. Prem

Devi and another Vs. Delhi Administration and Ors.1for the

proportion that once the case of one employee is decided by the

competent Court, the other identically placed employees should have

been given the same benefit without any further litigation to avoid

wastage of precious time of the Courts as well as to avoid hardship to

the petty employees.

5.1 Learned counsel for the petitioner has placed before this

Court the copies of G.O.Rt.No.498 dt.18.07.2018 and proceedings

No.A1/1024/2003-2018 dt.04.04.2019, wherein the Government has

implemented the directions of the Tribunal as well as High Court and

granted Annual Grade Increments and Earned Leaves along with

1989(2) UJ SC 146 7 RRN,J WP No.15913 of 2019

arrears from the date of allowing minimum time scale to the time

scale employees, like the writ petitioners.

6. At this juncture, it is necessary to extract and discuss the

following clause in the G.O Rt.No.498 dt.18.07.2018:

"3. Government have examined the matter carefully and decided to implement the orders of Hon'ble APAT 2nd read above, and accordingly hereby order to release Annual Grade Increments along with arrears to the following (1) Non Technical NMRs working in PR circle Khammam, subject to final outcome of the Court case, and also that these orders will not become a precedent to any other case in future:-...."

It is very unfortunate that the 1st respondent went to state in the

above clause '...that these orders will not become a precedent to any

other case in future...' The 1st respondent cannot decide as to what

would become a precedent and does not have discretion whether to

grant the relief or not as per their whims and wishes. Applying the

ratio in Prem Devi (supra) to the present case, once similarly situated

persons are extended certain benefits, such benefits, without any

doubt, shall be extended to the other similarly situated persons as

well and the respondents cannot be allowed to discriminate among

the employees and such discrimination is untenable.

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                                                           WP No.15913 of 2019

7.         Also,   having    regard   to    the   fact   that   in   similar

circumstances, this Court in W.P No.10120 of 2021 dated 29.11.2022

had already directed the respondents therein to extend the benefit of

G.O.Rt.No.468 dt.23.07.2015 to the employees drawing minimum

time scale pay such as the petitioners herein, this Court deems it fit

and proper to direct the respondents herein to extend the said

benefits to the petitioners herein also.

8. Accordingly, this Writ Petition is allowed. There shall be

no order as to costs.

As a sequel, pending miscellaneous applications, if any

shall stand closed. No order as to costs.

_____________________________________ NAMAVARAPU RAJESHWAR RAO,J

Date: 16.12.2022 BDR