Telangana High Court
Y. Kanakaiah vs The State Of Telangana on 29 November, 2023
THE HONOURABLE SRI JUSTICE PULLA KARTHIK
WRIT PETITION No.32637 OF 2023
O R D E R:
This Writ Petition is filed seeking the following relief:
"...to issue an order or direction more particularly
one in the nature of Writ of Mandamus to declare the
action of the respondents in not implementing the 11th
PRC (Revised Pay Scales 2020) to the petitioner
herein, as per the judgment of the Apex court in the
case of State of Punjab Vs. Jagjit Singh and others in
Civil Appeal No.213 of 2013, dt.26.10.2016, even
after granting Minimum Time Scale of 10th PRC (RPS
2015) to the petitioner vide Proc.No.B2/526/2020,
dated 19.11.2020 as highly illegal, irregular,
unconstitutional against the principles of natural
justice, equity and fair play and prays to direct the
respondents herein to pay the salary of the petitioner
according to the 11th new PRC @ Rs.19,000/- + DA,
HRA and CCA, with arrears from the date of filing of
the Writ Petition along with periodical increments from
time to time with arrears and other monetary benefits
as per the orders of the Division Bench of this Hon'ble
Court in W.P.No.26788 of 2017 dt.10/08/2017, and
orders in I.A.No.1 and 2 of 2019 in W.P.No.38763 of
2018 in C.A.No.642/2019 on 24/01/2020, and the
Division Bench Judgment of this Hon'ble Court in
batch of cases in W.P.No.5556 of 2018 and batch
dt.23/08/2018 and also as per the judgment of the
Honorable Supreme Court in SLP No.37870 of 2012,
dated 14/10/2014 and pass."
2. Heard learned counsel for the petitioner, learned
Government Pleader for Services - II appearing on behalf of
respondents No.1 to 3 and Sri R.Chandrasekhar Reddy,
PK,J
wp_32637_2023
learned Standing Counsel for Zilla Praja Parishad appearing
on behalf of respondent No.4. Perused the material on record.
3. Learned counsel for the petitioner submitted that the
petitioner was initially appointed as a Sweeper in the year
1991 and till date he is continuously working without any
disturbance. But the respondent-authorities have not paid
daily wages/minimum wages to the petitioner. Furthermore,
the respondents vide proceedings No.B2/526/2020, dated
19.11.2020 have extended the benefits of 10th PRC by paying
salary of Rs.13,000/- per month to the petitioner, but the 11th
PRC scales i.e., minimum basic pay of Rs.19,000/- was not
implemented apart from not paying DA, HRA and CCA
including the Annual Grade Increments to the petitioner. It is
further submitted that thought the petitioner is discharging
his duties to the satisfaction of higher authorities and
continuously working since the date of his initial
appointment, without any break, the petitioner is getting a
salary of Rs.13,000/- per month, wherein he is eligible and
entitled to get 11th PRC i.e., Minimum Basic Pay of
Rs.19,000/-, DA, HRA and Annual Grade Increments. It is
also submitted that the petitioner has made a representation,
PK,J
wp_32637_2023
dated 24.08.2023, to the respondents with a request to
extend the benefits of 11th PRC (Revised Pay Scales 2020), but
the said representation is still pending before the
respondents. Therefore, prayed this Court to allow the Writ
Petition.
4. Learned Government Pleader for Services - II submitted
that the respondents will consider the representation of the
petitioner and pass appropriate orders.
5. In view of the submission made by respective parties
and without expressing any opinion on merits, this Writ
Petition is disposed of with a direction to the respondents to
consider the representation of the petitioner, dated
24.08.2023 and pass appropriate orders in accordance with
law within a period of six (06) weeks from the date of receipt
of a copy of this order and communicate a copy thereof to the
petitioner. There shall be no order as to costs.
Miscellaneous applications, if any, pending in this Writ
Petition, shall stand closed.
____________________
PULLA KARTHIK, J
Date: 29.11.2023
TMK
