The Commissioner, vs R. Srinivas
2022 Latest Caselaw 6185 Tel

       THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI
                             AND
     THE HON'BLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO

         Writ Petition Nos.5591 and 5814 of 2014

COMMON ORDER : (Per Hon'ble Justice Abhinand Kumar Shavili)
        Both these Writ Petitions are being disposed of by

way of this common order as the issue raised in these writ

petitions is one and the same.


2.      Writ Petition No.5591 of 2014 is filed by the

petitioner under Article 226 of the Constitution seeking a

Writ of Certiorari by calling for the records relating to the

order passed in O.A.No.8043 of 2011, dated 30.04.2013, by

the Andhra Pradesh Administrative Tribunal, Hyderabad

(for short, 'the Tribunal') and to set aside the same as

being arbitrary, untenable, absurd and contrary to the

judgement             of   the   Hon'ble   Apex   Court   in State   of

Karnataka vs. Uma Devi1; and Writ Petition No.5814 of

2014 is filed by the petitioner under Article 226 of the

Constitution seeking a Writ of Certiorari by calling for the

records relating to the order passed in O.A.No.7575 of

2011, dated 26.09.2013, by the Tribunal and to set aside

the same as being arbitrary, untenable, absurd and




1 (2006) 4 SCC Pg.1
                                     ::2::                  AKS,J & RRN,J
                                                      wp_5591&5814_2014

contrary to the judgement of the Hon'ble Apex Court in

Uma Devi (1 supra).


3.    For convenience, the facts in Writ Petition No.5814 of

2014 are hereunder discussed.


4.    Heard the learned Government Pleader for Services-

III, for the petitioners.


5.    Learned counsel for the petitioners contended that

the contesting respondents were working as 'Last Grade'

employees such as Watchman, Pump Operators and other

categories; the respondents have approached the Tribunal

by filing O.A.No.7575 of 2011 seeking minimum time-scale

of pay; the Tribunal, vide order dated 26.09.2013, was

pleased to allow the O.A. by directing the petitioners to pay

the minimum time-scale of pay to the respondents together

with D.A. and also pay backwages for three (03) years prior

to filing of the O.A. before the Tribunal without

appreciating any of the contentions raised by the

petitioners; and therefore, prayed this Court to pass

appropriate orders in the Writ Petition by setting aside the

order passed by the Tribunal in O.A.No.7575 of 2011,

dated 26.09.2013, and allow the Writ Petition.

                             ::3::                   AKS,J & RRN,J
                                               wp_5591&5814_2014

6. This Court, having considered the submissions, is of

the considered view that the Tribunal was justified in

directing the petitioners to pay minimum time-scale of pay

in favour of the respondents as the issue is squarely

covered by a judgment rendered by the Hon'ble Apex Court

in Uma Devi (1 supra) wherein the Hon'ble Apex Court

held that employees are entitled for "equal pay for equal

work"; and the Tribunal was justified in allowing the O.A.

in favour of the respondents. Therefore, this Court is not

inclined to interfere with the impugned orders passed by

the Tribunal in O.A.No.8043 of 2011, dated 30.04.2013

and O.A.No.7575 of 2022, dated 26.09.2013.

7. Accordingly, both the Writ Petitions are dismissed.

No costs.

8. As a sequel, miscellaneous applications pending if

any in these Writ Petitions, shall stand closed.

__________________________________ ABHINAND KUMAR SHAVILI, J

_____________________________________ NAMAVARAPU RAJESHWAR RAO, J Date : 28.11.2022 Ndr / Pss