Telangana High Court
Thanneeru Srinivasa Rao vs The State Of Telangana on 14 February, 2025
Page 1 of 4
WP No.45384 of 2022
SK, J
THE HONOURABLE SRI JUSTICE K.SARATH
WRIT PETITION No.45384 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
SK, J
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.
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 petitioners 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-II, 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
SK, J
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 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.No7537 of 2016 dated 10.03.2016 and in
SK, J
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 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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