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IN THE HIGH COURT OF ANDHRA PRADESH
A.V.Sesha Sai, G.Ramakrishna Prasad, JJ.
Vallepu Naga Raju – Petitioner
Versus
The State of Andhra Pradesh – Respondent
Writ Petition No.3129 of 2021
Decided On : 04-08-2022
Constitution of India, 1949 – Articles 14, 21, 226 – Power of High Court to issue certain writs – Equality before law – Writ Petition filed under Article 226 of Constitution of India, calls in question proceedings of respondent State Government issued vide Letter consequential proceedings of respondent – Held, Court, cannot stand for twin tests of reasonableness and rationality pointed out by learned Senior Counsel appearing for petitioners having extended benefit of revised remuneration earlier on par with Data Processing Officers action of denial of benefit to petitioners offends Articles 14 and 21 of constitution of India principle of equal pay for equal work law laid down in judgment of Hon’ble Apex Court – Writ Petition shall stand closed.
ORDER :
A.V.Sesha Sai, J.
This Writ Petition, filed under Article 226 of the Constitution of India, calls in question the proceedings of respondent No.1-State Government issued vide Letter No.838/Courts, B/2020 dated 15.07.2020 and the consequential proceedings of respondent No.2- Registrar (Administration), High Court of Andhra Pradesh, vide proceedings Roc.No.1717/E1/2009 dated 03.09.2020.
2. Petitioners herein are presently working as Computer Assistants in various District Courts in the State of Andhra Pradesh on contract basis. By way of a letter bearing Roc.No.7316/2004-Estt. dated 25.04.2005, the Registrar General, High Court of Andhra Pradesh sought permission of the State Government to appoint 29 Computer Assistants on contract basis by adopting the procedure as was done in the case of the Computer Personnel under G.O.Rt.No.125 Law (LA & J)-Home-Cts.D.) Department dated 23.01.2004.
3. The State Government, vide G.O.Rt.No.837 LAW (LA & JHOME- COURTS.D1) Department dated 20.06.2006, accorded permission to the Registrar General, High Court of Andhra Pradesh to adopt the same procedure as was adopted for engaging the services of Computer Personnel, vide G.O.Rt.No.125 Law (LA&J-Home-Cts.D) Department dated 23.01.2004 for engaging the services of the Computer Personnel without intervention of any agency like Andhra Pradesh Technology Services on contract basis and on consolidated payment.
4. Vide Circular ROC.No.1/2005-CPS dated 07.01.2005 and the Circular Orders vide ROC.No.1/2005-CPS dated 20.01.2005, respondent No.2 herein issued instructions relating to mode of recruitment and qualifications. Respondent No.2 herein, vide ROC.No.461/2006-RC, dated 01.08.2006, requested all the District and Sessions Judges to take steps as per the procedure laid down in the Circulars dated 07.01.2005 and 20.01.2005 and to send panel of names to the High Court for taking further action. According to the petitioners, in pursuance of the above said instructions and strictly adhering to the instructions issued in the Circulars dated 07.01.2005 and 20.01.2005, petitioner Nos.1 to 10 herein were appointed as Computer Assistants and the particulars of the petitioners, such as their qualifications and dates of appointments are as follows:
| Sl.No. | Name | Qualifications | Date of Appointment |
| 1 | Vallepu Naga Raju | B.Com., PGDCA (Hardware and Networking) | 17.08.2009 |
| 2 | S.Daniel Prabhakar | B.Com., PGDCA | 04.01.2008 |
| 3 | Angajala Aruna | B.Com., LLB, PGDCA | 05.01.2008 |
| 4 | M.Daniel | B.A., PGDCA (Hardware) | 22.04.2008 |
| 5 | D.Prasanna Lakshmi | M.Sc. and PGDCA | 05.09.2009 |
| 6 | Akula Subrahmanyam | Bachelor of Computer Applications | 22.11.2010 |
| 7 | B.G.Chandra Prasad Varma | M.A., UGDPED and PGDCA | 17.04.2014 |
| 8 | M.Jabeed Ali | Inter, ITI, PGDCA (Hardware and Networking) | 24.03.2016 |
| 9 | K.Shyam Kumar Reddy | M.B.A., PGDCA and MCSE | 03.05.2018 |
| 10 | Komarapu Sunil | M.C.A. | 02.01.2019 |
5. Initially, in accordance with the Circular dated 20.01.2005, the pay/remuneration of the petitioners was fixed as Rs.4,500/- per month. The State Government, vide G.O.Ms.No.3 Finance (SMPC-II) Department dated 12.01.2011, fixed the remuneration of the Personnel working on contract/outsourcing basis and paragraph Nos.5 and 6 of the said governmental order read as follows:
| Sl.No. | Name of the Contract/Outsourced Category | Enhanced Remuneration |
| 1 | Junior Assistant | Rs.8,400/- p.m. |
| 2 | Typist | Rs.8,400/- p.m. |
| 3 | Junior Steno | Rs.8,400/- p.m. |
| 4 | Senior Steno | Rs.10,900/- p.m. |
| 5 | Driver | Rs.8,000/- p.m. |
| 6 | Office Sub-ordinate (Attender/Last Grade Services) | Rs.6,700/- p.m. |
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