Telangana High Court
P. Raghu Kumar vs The State Of Telangana on 14 February, 2025
Page 1 of 4
WP No.45132 of 2022
SK, J
THE HONOURABLE SRI JUSTICE K.SARATH
WRIT PETITION No.45132 of 2022
ORDER:
This Writ Petition is filed under Article 226 of
Constitution of India seeking the following relief (s):
a) by declaring the entire action of the respondents,
particularly the entire action of the respondent No.2 in
issuing the impugned Memo No.Ser.I (3)/5450/2016 dated
21.11.2022, wherein issuing the orders stating that the
petitioners herein are not eligible for protecting pay scales
which were drawing prior to regularization of their services
is as highly illegal, arbitrary, unjust, improper, colourable
exercise of power and violative of principles of natural
justice, contrary to judgment of High Court in 2002 (5) ALD
570 (AP) as well as judgments of this Court in W.P.No.6229
of 2020 dated 22.11.2022 in the same subject matter and
set aside or quash the same.
b) Further to hold that the petitioners are entitled for pay and
allowances which were drawing prior to their regularization
of services ordered vide G.O.Ms.No.12 PR & RD (LTE)
Department dated 05.05.2022 with all consequential
benefits without defence to the present impugned Memo
No.Ser.I (3)/5540/2016 dated 21.11.2022 of the 2nd
respondent.
SK, J
c) and consequently to direct the respondents to forthwith pay
the salary and other allowances of the petitioners by duly
protecting the pay scales of the petitions which were drawn
prior to regularization of their services ...."
2. Heard Sri S.Satyanarayana Rao, Learned Counsel
appearing for the petitioners and the Learned Assistant
Government Pleader for Services-I, appearing for respondents.
3. The Learned Counsel for the petitioners submits that
in identical maters the erstwhile Andhra Pradesh
Administrative Tribunal (A.P.A.T) allowed the O.A.No.2855
of 2012 and batch on 15.06.2015. Against the same the
respondents therein filed Writ Petition before this Court
vide W.P.No.7537 of 2016 and the same was dismissed by
the Division Bench of this Court on 10.03.2016. The said
judgment was followed by this Court in W.P.No.6229 of
2020, wherein it was held that the respondents therein
SK, J
cannot fix the pay lesser than the pay scales which was
being paid to the petitioners therein prior to their
regularization and the relief of protection of pay as they
were drawing prior to regularization of their services was
extended.
4. The learned Assistant Government Pleader conceded
the same.
5. In view of the same, following the judgment of the
Division of this Court in W.P.No.7537 of 2016 dated
10.03.2016 and in W.P.No.6229 of 2020 dated 22.11.2022,
this writ petition is also liable to be allowed.
6. Accordingly, this writ petition is allowed, directing the
respondents to forthwith protect the pay scales of the
petitioners which were being drawn prior to regularization
of their services as held by the Tribunal in O.A.No.2855 of
2012 and batch dated 15.06.2005 and as confirmed by this
SK, J
Court in W.P.No.7537 of 2016 dated 10.03.2016. There
shall be no order as to costs.
7. Miscellaneous petitions if any, pending shall stand
closed.
_____________________
JUSTICE K.SARATH,
Date:21.02.2023
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