ORDER :

U. Durga Prasad Rao, J.

Challenge in this Writ Petition at the instance of the State Government of Andhra Pradesh is to the order dated 31.05.2017 in O.A.No.889 of 2013 passed by Andhra Pradesh Administrative Tribunal allowing the O.A. filed by the respondent Nos.1 to 5 herein and directing the petitioner Nos.1 to 3 herein to sanction and pay minimum of scale of pay i.e., Basic Pay + D.A. without any other allowances attached to the regular post similar to the cadre of the respondent Nos.1 to 5 herein as per revised pay-scales allowing from time to time in terms of G.O.Ms.No.79 I & CAD (Ser.V.2) Department, dated 22.05.2009 and G.O.Rt.No.575 I & CAD (Ser.V.1) Department, dated 15.05.2012.

2. The factual matrix of this case is thus :

(a) Respondent Nos.1 to 5 have been working as NMR Mazdoors in the Department of Irrigation and CAD from different dates prior to 25.11.1993, the cut-off date fixed as per G.O.Ms.No.212 Finance & Planning (FW.PC.III) Department, dated 22.04.1994 and G.O.(P).No.112 Finance & Planning (FW.PC.III) Department, dated 23.07.1997. However for want of continuous services of five years as on the cut-off date of 25.11.1993 as fixed in the aforesaid two G.Os. they are ineligible for regularization of their services.

(b) While so, the 1st petitioner herein vide in G.O.Ms.No.79 I & CAD (Ser.V.2) Department, dated 22.05.2009 directed the Engineer in Chief (IW) I & CAD Department to allow minimum of the time scale of pay i.e., Basic Pay + D.A. without any other benefits to 281 H.R. workers of Telugu Ganga Project as per PRC Scales 2005 from prospective date i.e., from the date of issue of the order with a condition that the extension of minimum of the time scale sanctioned shall not confer any right of regularization of their services.

(c) While so, vide in G.O.Rt.No.575 I & CAD (Ser.V.1) Department, dated 15.05.2012, the Government basing on the recommendations of the 3rd petitioner herein directed to sanction the minimum of time scale of pay + D.A. to three NMRs working in Irrigation Circle, Bobbili, Vizianagaram District who were engaged before the cut-off date i.e., 25.11.1993 and working, on par with the 281 HR workers of Telugu Ganga Project who obtained similar benefit of G.O.Ms.No.79 I & CAD (Ser.V.2) Department, dated 22.05.2009, from the prospective date.

(d) While so, the 3rd petitioner herein vide his letters No.ENC/IW/P&M/EE.III/W2/21180/2005 PF, dated 15.04.2011 and dated 14.05.2012 addressed to the State Government for payment of minimum of scale of pay to NMRs including the respondent Nos.1 to 5 herein on par with the HR workers/NMRs covered by G.O.Ms.No.79 and G.O.Rt.No.575. However, the Government vide Memo No.12002/Ser.V.1/2012-2, I & CAD (Ser.V) Department, dated 25.04.2013 rejected the claim of the respondent Nos. 1 to 5 herein on the ground that they have not completed the required continuous service of five years/ten years as on the cut-off date and further, in those G.Os. there is no mention of allowing minimum time scale of pay to the Daily Wage/NMR/Consolidated Pay/Part Time Employees those who have not completed required service of five years as on 25.11.1993. Consequently the 5th Petitioner herein issued the order dated 10.06.2013 rejecting the claim of the respondent Nos.1 to 5 herein.

(e) Hence, respondent Nos.1 to 5 herein filed O.A.No.889 of 2013 before the A.P. Administrative Tribunal. The Government opposed the O.A. The Administrative Tribunal having considered the fact that earlier 281 HR workers of Telugu Ganga Project were extended the benefit of minimum time scale of pay i.e., Basic Pay + D.A. as per G.O.Ms.No.79 I & CAD (Ser.V.2) Department, dated 22.05.2009 and subsequently, in the same lines three NMRs working in Irrigation Circle, Bobbili were extended similar benefit i.e., Basic Pay + D.A. vide G.O.Rt.No.575 I & CAD (Ser.V.1) Department dated 15.05.2012 and that the applicants in O.A. are similarly situated persons and rejection of the Government to extend similar benefi