2024 Supreme(Online)(TEL) 4475
THE HON'BLE SRI JUSTICE PULLA KARTHIK WRIT PETITION No.5800 of 2023
ORDER:
This Writ Petition is filed seeking the following relief:
“….to issue Writ Order or Direction more particularly one in the nature of Writ of Mandamus by calling for the records relating to the impugned Procd.Roc.No.C1/3945/2022/A3, dt.30.12.2022 issued by the 3rd respondent and set aside the same by declaring as illegal, arbitrary and violative of the principles of natural justice and also mechanically without application of mind and consequently direct the respondents to extend the benefit of Revised Pay Scales of 2015 & 2020 issued vide GOMs.No.25, Finance Department, dt.18.3.2015 and GOMs.No.51, Finance Department, dt.11.6.2021 respectively along with arrears and pass such other order or orders as this Hon’ble Court may deem fit and proper in the circumstances of the case.…”
2) Heard Sri B. Bhaskar Reddy, learned counsel for the petitioners, learned Government Pleader for Services-I appearing for respondent Nos.1 and 2, and Sri Thota Venkatesham, learned Standing Counsel for respondent No.3
3) Learned counsel for the petitioners submits that the petitioners were initially appointed as Public Health Workers in the month of October, 1993, on daily wage basis in the third respondent Municipality. While they are working as such, their services were terminated in the year 1996. Questioning the said termination orders, they approached the Labour Court-III, Hyderabad, by filing I.D. Nos.82 and 83 of 2001. The Labour Court vide order dated 03.01.2023, has directed reinstatement of the petitioners with continuity of service, however, without backwages. Questioning the same, the third respondent has filed W.P. No.5822 of 2023 before this Court. During the pendency of the said writ petition, the petitioners were reinstated into service along with others vide proceedings in Rc.No.C1/5772/2001, dated 28.07.2023 in terms of the Award passed by the Labour Court. Subsequently, the Writ Petition was dismissed by this Court on 25.08.2004 by confirming the Award passed by the Labour Court. As such, the petitioners were continuously working from the date of their appointment without any interruption. Thereafter, seeking to extend the minimum timescale with DA and other allowances, the petitioners have approached the Andhra Pradesh Administrative Tribunal by filing O.A. No.12764 of 2009 wherein the Tribunal has passed interim orders on 23.10.2009 directing the respondents to pay the minimum time scale of pay attached to the regular post born on the last grade service to the petitioners herein. In pursuance thereof, the Government has issued G.O.Rt.No.1532, MA & UD Department, dated 23.11.2011 extending benefit of minimum of pay scale in the Revised Pay Scales (RPS) of 2010 with DA directing the subordinate officers to implement the same. Inspite of the same, the said benefit was not extended by the respondent-Municipality without any reason.
Subsequently, RPS-2015 and RPS-2020 came into force vide G.O.Ms.No.25, dated 18.03.2015 and G.O.Ms.No.51, dated 11.06.2021. Yet, the revised payscales were not extended to the petitioners even though the co-workers, who are working along with the petitioners in the same Municipality are being extended the said benefit. But, for the reasons best known to the authorities, the said benefit has not been extended to the petitioners. The third respondent has passed the impugned order vide proceedings ROC No.C1/3494/2022/A3, dated 30.12.2022 rejecting the claim of the petitioners contrary to the Recommendations of PRC-2015 and PRC-2020 without considering the fact that the petitioners were already extended the minimum timescale in the revised payscales-2010, without application of mind. Therefore, the learned counsel for the petitioners pray this Court to issue appropriate directions to the respondents in this Writ Petition.
4) Per contra, the learned Standing Counsel for respondent No.3-Municipality, while admitting the fact that the petitioners were extended the benefit of minimum of timescale (pay + DA) in R