Telangana High Court
E.Balaiah vs Ramachandrapuram Municipality on 29 November, 2022
Bench: P.Madhavi Devi
THE HONOURABLE SMT JUSTICE P.MADHAVI DEVI
W.P.No. 10120 OF 2021
ORDER:
This writ petition has been filed by the petitioner
seeking a writ of mandamus declaring the action of the
respondents in not granting/releasing the periodical
increments to the petitioner herein while granting such
benefits to other time scale employees on the basis of
various Court orders, as illegal, arbitrary, unjust,
discriminatory and violative of principles of natural
justice.
2. Brief facts leading to the filing of the present writ
petition are that the petitioner was appointed as a
Sweeper (NMR) on 01.06.1984 against the sanctioned
post by the District Collector, Medak, vide Proceedings
No.1397/83/A2-PTS, dated 1998, in the respondent
No.1 organization and his pay was enhanced from time
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to time and also extended the benefit of revised pay
scales. It is submitted that subsequently, the question of
releasing of periodical increments to the individuals
whose pay was fixed in minimum time scale, subject to
pending regularization of respective NMR employees
services fell for consideration before the Andhra Pradesh
Administrative Tribunal in O.A.No.7195 of 2002 and the
Tribunal has held that the NMR employees whose pay is
fixed in the minimum time scale of pay are also eligible
for periodical increments.
3. It is submitted that subsequently certain NMR time
scale employees of Panchayat Raj Department
approached the Tribunal in O.A.No.90379 of 2011
seeking a direction for release of periodical increments
and the Tribunal has disposed of the said O.A. vide
orders dated 24.11.2011 in terms of earlier judicial
pronouncements.
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W.P.No.10120 of 2021
4. It is submitted that aggrieved by the order of the
Tribunal, the Department has filed W.P.No.16996 of
2012 and the same was dismissed vide orders dated
12.06.2012. It is submitted that the in W.P.No.26788 of
2017, dated 10.08.2017, was also disposed of holding
that the petitioners therein are entitled for periodical
increments. It is submitted that Government of
Telangana vide G.O.Rt.No.132 PR&RD (PR.II)
Department, dated 28.02.2017 and G.O.Rt.No.498
PR&RD (PR.II) Department, dated 18.07.2018, had
issued orders granting annual grade increments and
other benefits to the NMR time scale employees by duly
implementing the orders of the Tribunal and High Court.
5. Learned counsel for the petitioner relied upon the
judgment of the Hon'ble Apex Court in the case of
H.L.Trehan Vs. Union of India1, for the proportion that
once the case of one employee is decided by the
1 1989 (2) USJ SC 145
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W.P.No.10120 of 2021
competent Court, the other identically placed employees
should also have been given the same benefit without
any further litigation. Since the petitioner is also
claiming the similar relief as given to other similarly
placed persons, the present writ petition has been filed.
6. Learned counsel for the petitioner has placed before
this Court the copies of the G.O.Rt.No.468, dated
23.07.2015, G.O.Rt.No.132, dated 28.02.2017,
G.O.Rt.No.498, dated 18.07.2018 and Proceedings
No.A1/1024/2003-2018, dated 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 arrears
from the date of allowing minimum time scale to the time
scale employees, like the writ petitioner.
7. Heard the learned Standing counsel for the
respondents.
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W.P.No.10120 of 2021
8. Having regard to the fact that in similar
circumstances, this Court had already directed the
respondents therein to extend the benefit of
G.O.Rt.No.468, dated 23.07.2015 and the subsequent
G.Os., to the employees drawing minimum time scale
pay such as the petitioner herein, this Court deems it fit
and proper to direct the respondents herein to extend the
said benefits to the petitioner herein also.
9. Accordingly, this writ petition is allowed. There
shall be no order as to costs.
Miscellaneous petitions, if any, pending in this Writ
Petition, shall stand closed.
____________________________
JUSTICE P.MADHAVI DEVI
Dated: 29.11.2022
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W.P.No.10120 of 2021
THE HONOURABLE SMT JUSTICE P.MADHAVI DEVI
W.P.No. 10120 OF 2021
Dated:29.11.2022
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