HON’BLE MRS. JUSTI CE SUREPALLI NANDA

WRI T PETI TI ON No. 31377 OF 2023

ORDER:

Heard Sri Srinivasa Rao Madiraju, learned counsel

appearing on behalf of the petitioners, learned Assistant Government Pleader for Education, appearing on behalf of respondent Nos.1 and 4 and Sri Venkatreddy Thipparthi, learned Standing Counsel for Kakatiya University

appearing on behalf of respondent Nos.2 and 3.

2. The petitioners approached the Court seeking prayer

as under:

“…pleased to issue a writ order or direction especially one

in the nature of writ of Mandamus declaring that:-

a) the orders issued in No.1011/SDLCE/KU/2023, dated 04.10.2023 of the 2^nd Respondent rejecting the case of the Petitioners for extending Revised Pay Scales 2020 as illegal and arbitrary and violative of

Articles 14, 16 and 21 of Constitution of India.

b) and further declare that, the Petitioners are entitled for benefit of extension of Revised Pay Scales 2020 in pursuance of their appointment orders dated 09.12.2013 and in pursuance of the orders issued in G.O.Rt.No.1943, dated 07.10.1991, with all

consequential arrears and pass....”

3. The case of the petitioners in brief as per the averments made in the affidavit filed by the petitioners in support of the present writ petition is as under:

1^st petitioner was appointed as Junior assistant on

16.10.1989, 2^nd petitioner was appointed as Clerk-cum-Typist and 3^rd petitioner was appointed as Junior Assistant in the year 1991. Both the petitioners have completed more than 10 years of service by 2003 their services were not regularized, as such the petitioners and 6 others approached this Court by filing W.P. No. 14388 of 2003 for regularization of their services as per G.O.Rt. No.1943, dated 07.10.1991. The University addressed a letter dated 13.03.2005 to the Government recommending for regularization of the services of the petitioners. This Court disposed of the said writ petition on 22.02.2013 directing the respondents to regularize the services of the petitioners within a period of four months from the date of receipt of copy of the order. The University issued orders dated 09.04.2008, extending the Time Scale benefits to the petitioners and others.

Thereafter petitioners filed C.C. No. 1218 of 2013, for disobedience of the orders of this Court dated 22.02.2013. The petitioners and others submitted a representation dated

08.06.2020 and 23.01.2014 to the respondent University to regularize their services from the date of their initial appointment. Both the petitioners have also filed W.P.No. 5608 of 2014 before this Court and this Court passed orders on 26.11.2018 directing the respondents to consider the representation of the petitioners within a period of four weeks. Subsequently, the petitioners filed C.C. No. 675 of 2019 and thereafter, the respondents complied with the orders of this Court vide proceedings dated 10.07.2019. Petitioners No.1 and 2 herein along with ‘2’ others had filed W.P.No.6262 of 2023 on an earlier occasion with prayer as under:-

pleased to issue an order or direction more particularly one in the nature of Writ of Mandamus to declare the action of the respondents in not complying the objections raised by the District Audit vide Letter Roc No 47/A2/2022-23 dated 21.06.2022, for implementation of Revised Pay Scales of 2020 since one year causing financial loss to the petitioners, as their colleagues are enjoyin2 benefits of new PRC scales since last one year as unjust, unfair, totally illegal and violation of Article 14, 16, 21, 39(d), 43 and 200 of our constitution and prays to direct the respondents herein to fix the pay of the petitioners in the new Pay Scales of 2020 along with arrears of pay with interest and also award the costs of the case and the same was dsiposed of vide order dated 06.03.2023 observing as under:-

Learned counsel for the petitioner submits that the petitioner aggrieved by the action of the respondents in not complying the objections raised by the District Audit vide letter Roc.47/A2/202