Citation : 2025 Latest Caselaw 665 Tel
Judgement Date : 29 July, 2025
HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR
WRIT PETITION (TR) No. 6040 of 2017
ORDER:
1) The present writ petition (TR) is filed to declare the entire
action of the respondents in not paying minimum time scale of
pay attached to the applicant even though he is working as
Typist continuously since morethan 26 years of service under the
control of the respondents as highly illegal, arbitrary, unjust,
improper and contrary to various judicial pronouncements in the
subject matter apart from bad in law and consequently, direct
the respondents to forthwith to pay the petitioner the minimum
time scale attached to the post of Typist.
2) Heard both sides and perused the material available on
record.
3) At the time when the matter has been taken up for
hearing, learned counsel for the petitioner has submitted that
the present writ petition (TR) is squarely covered by the
common order, dated 23.08.2018 passed by a Division Bench of
this Court in W.P.Nos.5556, 8486 and 8968 of 2018.
4) Learned counsel appearing for the respondents has
submitted that an appropriate order may be passed in terms of
the common order passed by this Court in W.P.Nos.5556, 8486
and 8968 of 2018.
5) It is appropriate to refer to the findings of this Court in
Writ Petition Nos.5556, 8486 and 8968 of 2018, which reads as
under:-
"11. In the light of the judgments referred to supra and in view of the fact that the services of the petitioners have been continued since two decades, we are of the view that the petitioners are entitled to minimum time scale of pay under the principle of equal pay for equal work, even though they were engaged by a private contractor. Therefore, the orders passed by the A.P. Administrative Tribunal, Hyderabad in O.A.No.3873 of 2014, dated 10.08.2017 and O.A.No.2369 of 2014, dated 06.07.2017, are set asice.
12. Accordingly, the Writ Petitions are allowed. The respondents are directed to grant minimum time scale of pay to the petitioners and also to add annual grade increments as and when they fell due from time to time. However, the petitioners are
entitled to all the arrears from the date of filing of the O.A.s before the Tribunal."
6) In the instant case also, the petitioner was appointed as
Typist on 18.09.1990 and since then he is discharging his duties.
The record reveals that earlier the petitioner herein filed
O.A.No.1635 of 1997 seeking a direction for absorption of his
service in the cadre of Typist with all consequential benefits and
the same was disposed of with a direction to regularize the
services of the petitioner in terms of G.O.Ms.No.212, Finance
and Planning (PC.III) Department, dated 22.04.1994.
Admittedly, the petitioner has been continued in service since
three decades and as the facts and circumstances of this case
and the facts and circumstances in W.P.Nos.5556, 8486 and 8968
of 2018 are similar, this Court is of the view that a direction
may be given to the respondents to grant minimum time scale of
pay to the petitioner along with consequential benefits.
7) Accordingly, the Writ Petition (TR) is disposed of directing
the respondents to grant minimum time scale of pay to the
petitioner and also to add annual grade increments as and when
they fell due from time to time. However, the petitioner is
entitled to all the arrears from the date of filing of the O.A.
before the Tribunal. No costs.
Miscellaneous application, if any pending, shall stand
closed.
______________________ N.V.SHRAVAN KUMAR, J 19.12.2022 gkv
HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR
WRIT PETITION (TR) No. 6040 of 2017 Date: 19.12.2022
gkv
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