Telangana High Court
Pulla Kavitha Rani vs The State Of Telangana on 19 October, 2022
Bench: N.V.Shravan Kumar
HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR
WRIT PETITION No. 38269 of 2022
ORDER:
This present writ petition is filed seeking to issue direction
more particularly writ of mandamus to declare the action of the
respondent in not granting 100% Gross Salary (Pay+DA+HRA) to the
petitioners though similarly placed persons recruited pursuant to the
very same notification were extended the 100% Gross Salary as illegal
arbitrary discriminatory and violative of Articles 14, 15, 16 and 21 of
the Constitution of India and consequently direct the Respondents to
pay 100% Gross Salary (Pay+DA+HRA) to the petitioners as stated in
the appointment orders along with arrears from the date when the
petitioners were stopped paying basic Pay + DA + HRA along with
interest @ 18% per annum from the date of their eligibility and
entitlement.
2. Heard Smt. M.Shalini, learned counsel appearing for the
petitioners and the learned Government Pleader for Services-II
appearing for the respondents.
3. It has been contended by the petitioners that they were
appointed as Multi Purpose Health Assistants (M) and Female in the
year 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. It has been further
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 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.
4. 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.
5. 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
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.
6. With the above directions, the Writ Petition is disposed of. No
costs.
Miscellaneous application, if any pending, shall stand closed.
______________________
N.V.SHRAVAN KUMAR, J
19.10.2022
Note: Office to append a copy of
the order in W.P.No.17163 of 2019
with the present order.
B/o
gkv
Note: Issue copy in one week.
B/o
gkv
