Telangana High Court
A.Narender vs The District Collector, on 17 June, 2025
Author: Nagesh Bheemapaka
Bench: Nagesh Bheemapaka
1
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NBK, J
THE HON' BLE SRI JUSTICE NAGESH BHEEMAPAKA
WRIT PETITION No.19126 of 2019
ORDER:
The case of the petitioners, as can be seen from the writ affidavit, is
that they were appointed as daily wagers/NMRs around the year 1990;
and subsequently the District Collector passed orders granting minimum
of time scale as per Revised Pay Scales, 2010, in pursuance of the Order
of this Court in W.P.No.23688 of 2011, dated 16.07.2012, and
G.O.Rt.No.146 dated 04.03.2013. It is stated that the A.P. Administrative
Tribunal, in O.A.No.7195 of 2002 has directed that NMR employees are
entitled to periodical increments, and the said view was upheld by the
Hon'ble Division Bench of this Court in W.P.No.15031 of 2006, dated
23.08.2006, and the same was upheld by the Hon'ble Supreme Court in
SLP (C) No.7957 of 2007. It is further stated that the NMRs rendering
services in the Panchayat Raj Department approached the Tribunal in
O.A.No.9079 of 2011 seeking release of periodical increments, and the
Tribunal by Order dated 24.11.2011 gave positive directions in the light
of earlier orders on the issue; and though the Government filed a writ
petition (W.P.No.16996 of 2012) against the orders of the Tribunal, the
writ petition was dismissed on 12.06.2012; and further the Special Leave
Petition before the Hon'ble Supreme Court in SLP (C) No.37870 of 2012
also ended in dismissal, thereby the Government implemented the orders,
vide G.O.Rt.No.468, PR & RD (PR-II) Department dated 23.07.2015, by
granting periodical increments. It is therefore contended that recently the
Government of Telangana also, vide G.O.Rt.No.132, PR&RD (PR-II)
Dept., dated 28.02.2017, and also G.O.Rt.No.498, PR&RD (PR-II) Dept.,
dated 18.07.2018 issued orders granting annual grade increments and
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NBK, J
other benefits to NMR time-scale employees by implementing the orders;
and therefore the petitioners pray for a direction to the respondent-
authorities to grant periodical annual grade increments, in accordance
with the orders passed by the Courts in the subject matter.
2. Heard Mr. S. Satyanarayana Rao, learned counsel for the
petitioners; learned Assistant Government Pleader for Services-V; and
Mr. T.V. Ramesh, learned counsel appearing for respondent No.4. Perused
the record, including the judgments filed by the learned counsel for the
petitioners, as material papers to the writ petition.
3. Having considered the respective submissions and perused the
record, it may be noted that the law is settled on the issue of grant of
periodical annual grade increments to the NMRs who were granted
minimum time scale by the Government. To quote for relevance, the
Hon'ble Division Bench of this Court in P. Khadar Basha v. State of
Andhra Pradesh1, passed the following Orders:
"10. In the light of the above discussion, we are of the opinion
that as the petitioners have been extended the minimum time
scale, they are entitled to addition of increments from time to
time in the minimum time scale without being entitled to all other
allowances which a regular employee is entitled"
4. In yet another case, the Hon'ble Division Bench in W.P.No.5556 of
2018 and batch, by referring to the judgment of Hon'ble Supreme Court
2017 (6) ALD 638 (DB)
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in State of Punjab v. Jagjit Singh2 passed Common Order dated
23.08.2018, which reads as follows:
"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.As before
the Tribunal. No costs. Consequently, miscellaneous petitions
pending, if any, shall stand closed."
5. On a perusal of the above judgments, and as the petitioners herein
are on similar footing as that of the petitioners/workmen in the above writ
petitions, this Court is of the view that the petitioners are entitled to the
relief sought in this writ petition. Therefore, the respondent Nos.1 to 3-
District Collectors are directed to release the periodical annual grade
increments and other benefits, as extended to similarly situated
petitioners, strictly in accordance with law, within a period of eight weeks
from the date of receipt of a copy of this order.
6. Accordingly, the writ petition is allowed as directed above. No
costs. Miscellaneous petitions pending, if any, shall stand closed.
________________________________
JUSTICE NAGESH BHEEMAPAKA
17th June, 2025
Smk
2017 (1) SCC 148
