IN THE HIGH COURT OF ANDHRA PRADESH
Ravi Nath Tilhari, J.
P. Khader Basha and others - Petitioners
Versus
The State of Andhra Pradesh, Rep. by its Principal Secretary, MA & UD Department and others – Respondents
Writ Petition No. 2678 of 2021
Decided On : 02-08-2022
Constitution of India, 1949 – Article 226 – Power of High Court to issue certain writs – Andhra Pradesh Fundamental Rules – Rule 22 – Arbitrary and Violative of Principles – Learned counsel for petitioners learned GP for Services appearing for respondents and Sri Suresh Kumar Reddy learned counsel for respondents – Held, Court held that there is no dispute nor can there be any principle that fixation of pay and determination of parity in duties is function of executive scope of judicial review of administrative decision in this regard is very limited – Courts should interfere with administrative decisions pertaining to pay fixation and pay parity when they find such a decision to be unreasonable unjust and prejudicial to a section of employees and taken in ignorance of material and relevant factors – Writ Petition is allowed.
JUDGMENT :
Heard Sri P. Raghavender Reddy, learned counsel for the petitioners, learned GP for Services – IV, appearing for respondents Nos.1 and 2, and Sri Suresh Kumar Reddy Kalava, learned counsel for respondents Nos.3 and 4.
2. This writ petition under Article 226 of the Constitution of India has been filed for the following relief:
3. The action of the respondents in regularizing the petitioners’ services but without protection of their pay at the time of regularization is being challenged to the extent of not protecting the pay, as illegal, arbitrary and violative of the principles of natural justice.
4. Sri P. Raghavender Reddy, learned counsel for the petitioners, submitted that the petitioners were initially appointed during the years 1980, 1984, 1985 and 1988 onwards on daily wage basis in the 4th respondent Corporation, namely, the Chittoor Municipal Corporation, Chittoor, Chittoor District. They approached the then Andhra Pradesh Administrative Tribunal (in short ‘the Tribunal’) by filing RP.No.20634 to 20646 of 1989 for regularization of their services in terms of G.O.Ms.No.1320, MA, dated 15.12.1981, in which the Tribunal directed the respondents to consider the regularization of the petitioners’ cases in terms of the G.O.Ms.No.1320. The 3rd respondent- Commissioner & Director of Municipal Administration, Gorantla, Guntur District, vide Circular No.42344/87, M2, dated 03.03.1989 provided for grant of the minimum time scale pending regularization. Thereafter, vide L.Dis.No.14160/99-M2, dated 05.07.1989, issued by the 3rd respondent, periodical increments were also released to the petitioners. They were being extended minimum time scale in the year 1989 along with increments, pending regularization of their services. The services of the petitioners were regularized by the 1st respondent vide G.O.Rt.No.438, MA & UD Department, dated 30.06.2019 prospectively from the date of issue of orders but the pay drawn by the petitioners prior to regularization of their services was not protected. Consequently, their pay has been refixed in the minimum time scale at the initial stage i.e. Rs.13,000-40,270 and thereby, their salary has been considerably reduced to their detriment causing much financial hardship. The orders dated 14.07.2019 and 20.03.2019 are the consequential orders issued by the respondent Nos. 3 and 4.
5. Learned counsel for the petitioners submitted that on regularization of their services, pay could not be reduced and even if regularization was prospectively made, the pay the petitioners were receiving at the time of regularization should have been protected.
6. Learned counsel for the petitioners submitted that some other workers working in the Visakhapatnam Municipal Corporation and in Greater Hyderabad Municipal Corporation of Telangana State raising the same grievance had approached the A.P. Administr
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Point of Law : It is equally well settled that Courts should interfere with administrative decisions pertaining to pay fixation and pay parity when they find such a decision to be unreasonable, unjus....
The court established that eligibility for regularization and pensionary benefits must be determined based on the criteria set forth in applicable regulations, and that such benefits cannot be claime....
Regularization of service is the exclusive domain of the employer, and temporary and casual employees cannot seek regularization. Government orders come into effect from the date of issuance unless s....
The main legal point established in the judgment is the entitlement of the petitioner to regularization in his service against the lowest scale of pay permissible for Grade-IV employees within the PH....
Temporary employees are entitled to the minimum of the pay scale attached to the post, without any increments or allowances, as per the judgments of the Supreme Court.
Point of Law : Doctrine of doctrine of res judicata - The doctrine of res judicata, as envisaged by Section 11 of the Code of Civil Procedure, 1908 does not stricto sensu apply to the proceedings und....
The principle of equal pay for equal work applies to employees with irregular appointments, ensuring they receive minimum pay-scale despite not being regularly selected.
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