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2014 Supreme(AP) 484
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
K.C. BHANU & ANIS, JJ.
Govt. of A.P. & Others
Versus
T. Gangadhar & Others
Writ Petition Nos. 39090 of 2012, 4805 of 2013, 8378 of 2012, 7647 of 2012, 4800 of 2012, 4786 of 2013, 4801 of 2013, 30314 of 2013, 30315 of 2013, 30316 of 2013, 34006 of 2013, 34007 of 2013, 34008 of 2013, 34009 of 2013, 34012 of 2013, 34220 of 2013, 37544 of 2013, 30317 of 2013 & 30318 of 2013
Decided on: 17-04-2014
Advocate Appeared
For the Appellants:Additional Advocate General.
For the Respondents:A.V. Vijaya Kumari, Advocate.
Headnote:
Andhra Pradesh Revised Scales of Pay Rules, 1999 - Finance (P.C.I) Department - Rule 8 of the RPS Rules, 1999 – Department are requested to examine and confirm details of contract employee working in your organization - Employees seeking to declare action -Finance and Planning - Petition and batch on file of Andhra Pradesh Administrative - Finance Department Government of Andhra Pradesh Hyderabad challenging Common Order in Original Application - Which were disposed of Common Order and batch on file of Andhra Pradesh Administrative - Petition respectively to them without taking into account their effective of retirement on next day of succeeding month in terms of judgments passed by Honble Supreme Court of India and this Court and consequently set aside Circular Memo and declare that petitioners are entitled to get pension and pensioner benefits as per New Pay Revision by reckoning their effective date of retirement as first day of succeeding month of their last working day along with interest at per annum - Tribunal relied upon judgment of Honble Supreme Court of India - Union of India a Full Bench decision of this Court in Principal Accountant General Andhra Pradesh Hyderabad & another and also unreported decision of this Court - Held, This Court held that when an earlier decision may seems to be incorrect to a Bench of a coordinate jurisdiction considering question later on ground that a possible aspect of matter was not considered or not raised before court or more aspects should have been gone into by Court deciding matter earlier but it would not be a reason to say that decision was rendered per incur am and liable to be ignored - Earlier judgment may seem to be not correct yet it will have binding effect on latter bench of coordinate jurisdiction - Court held that easy course of saying that earlier decision was rendered per incur am is not permissible and matter will have to be resolved only in two ways either to follow earlier decision or refer matter to a larger Bench to examine issue in case it is felt that earlier decision is not correct on merits - In this respect reference may also be made to the Judgment of this Court in Union of India and others – Petition dismissed (Para 17)
(K.C. Bhanu, J.)
Writ Petition Nos. 39090 of 2012, 4805 of 2013, 30314 of 2013, 30315 of 2013, 30316 of 2013, 34006 of 2013, 34007 of 2013, 34008 of 2013, 34009 of 2013, 34012 of 2013, 34220 of 2013, 37544 of 2013, 30317 of 2013 and 30318 of 2013 are filed by the Principal Secretary to the Government (R&E), Finance Department, Government of Andhra Pradesh, Hyderabad, challenging the Common Order dated 12.09.2012 in Original Application (O.A.) Nos. 8491 of 2011, 5229 of 2011, 8630 of 2011, 8611 of 2011, 5301 of 2011, 5727 of 2011, 7743 of 2011, 7748 of 2011, 1280 of 2012, 4340 of 2012, 5724 of 2011, 8952 of 2011, 7741 of 2011 and 10259 of 2011 respectively, which were disposed of vide Common Order in O.A. Nos. 9548 of 2011 and batch on the file of the Andhra Pradesh Administrative Tribunal, Hyderabad (for short, the Tribunal).
2. Writ Petition Nos. 8378 of 2012, 7647 of 2012, 4800 of 2013, 4786 of 2013 and 4801 of 2013 are filed by various employees seeking to declare action of the respondents in not extending the benefit of Pay Revision Commissions, 1999, 2010, 1999, 2005 and 2010 respectively, to them without taking into account their effective date of retirement on the next day of the succeeding month in terms of judgments passed by the Honble Supreme Court of India and this Court and consequently set aside Circular Memo No.10571/87/PC-I/A2/2011, dated 18.06.2011 and declare that the petitioners are entitled to get pension and pensionary benefits as per New Pay Revision, 1999 by reckoning their effective date of retirement as first day of the succeeding month of their last working day along with interest at 9% per annum.
3. For better appreciation of facts, the parties are hereinafter referred to, as they are arrayed in the Original Applications.
4. The case of the applicants, in brief, may be stated as follows:
The applicants in O.A. No.4270 of 2012; applicant nos. 1 to 14 in O.S. No.1283 of 2012; applicant nos. 1 to 54 in O.A. No.9243 of 2011; the sole applicant in O.A. No.9548 of 2011; applicant nos. 1 to 39 in O.A. No.5707 of 2011; applicant nos. 1 to 13 in O.A. No.7743 of 2011; applicant nos. 1 to 52 in O.A. No.8527 of 2011; applicant nos. 1 to 22 in O.A. No.5301 of 2011; applicant nos. 1 to 37 in O.A. No.5706 of 2011; sole applicants in O.A. Nos.8951 of 2011 and 8952 of 2011; applicant nos. 1 to 23 in O.A. No.5622 of 2011; applicant nos. 1 to 36 in O.A. No.5725 of 2011 and the first applicant in O.A. No.5776 of 012 retired from service on 30.06.1998 and they are claiming benefit of Revised Pay Scales of 1999 which came into effect from 01.07.1998.
The applicant nos. 37 and 38 in O.A. No.5725 of 2011; applicant nos. 55 to 64 in O.A. No.9243 of 2011; applicant nos. 40 and 41 in O.A. No.5707 of 2011; applicant nos. 14 to 16 in O.A.No.7743 of 2011; applicant nos.53 to 58 in O.A. No.8527 of 2011; applicant nos. 15 to 23 in O.A. No.1283 of 2012; applicant nos. 23 to 30 in O.A. No.5301 of 2011; applicant nos. 38 to 40 in O.A. No.5706 of 2011; applicant no.24 in O.A. No.5622 of 2011 and applicant no.2 in O.A. No.5776 of 2012, retired from service on 31.03.1999 and they are claiming monetary benefits that were extended to employees under Revised Pay Scales, 1999 with effect from 01.04.1999.
The applicant nos. 1 to 5 in O.A.No.4341 of 2012; applicant nos. 1 to 20 in O.A. No.7748 of 2011; applicant nos.1 to 45 in O.A. No.9558 of 2011; applicant nos. 1 to 17 in O.A. No.1280 of 2012; applicant nos. 1 to 37 in O.A. No.5299 of 2011; applicant nos. 1 to 37 in O.A. No.5704 of 2011; applicant nos. 1 to 47 in O.A. No.5702 of 2011; applicant nos. 1 to 43 in O.A. No. 9473 of 2011; applicant nos. 1 to 68 in O.A. No. 8491 of 2011; applicant nos. 1 to 40 in O.A. No.5727 of 2011; sole applicant in O.A. No.8006 of 2011 and the applicant nos. 1 to 35 in O.A. No.5623 of 2011 retired from service on 30.06.2003 and they are claiming the benefit of Revised Pay Scales, 2005 which came into force with effect from 01.07.2003.
Applicant no.6 in O.
