HON’BLE MRS. JUSTI CE SUREPALLI NANDA

WRI T PETI TI ON No.22879 OF 2023

ORDER:

Heard Sri Gurram Srinivas, learned counsel

appearing on behalf of the petitioners, learned Assistant Government Pleader for Services-I , appearing on behalf of the respondent No.5, learned Assistant Government Pleader for Services-I I I appearing on behalf of respondents 1, 2 and 4, and Sri Ramesh Chilla, learned Standing Counsel for Service matters of all Municipalities Telangana, appearing on behalf of

respondent No.3.

2. The petitioners approached the Court seeking

prayer as under:

“....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 implementing the 10^th and 11^th PRC (Revised Pay Scales 2020) to the petitioners herein, as per the Judgment of the Apex Court in the case of State of Punjab Vs. Jagjit Singh and others in Civil Appeal No.213 of 2013, dt. 26/10/2016, even after granting Minimum Time Scale of 9th PRC (RPS 2010) to the petitioners vide Proc.No. GPP/RPS/2010, dated 18/03/2010, as highly illegal, irregular, unconstitutional against the principles of natural justice, equity and fair play and prays to direct the respondents herein to pay the salary of the petitioners according to the 11th new PRC Rs.19,000/- plus DA, HRA and CCA, with arrears from the date of filing of the Writ Petition along with periodical increments from time to time

with arrears and other monetary benefits as per the orders of the Division Bench of this Honourable Court in W.P. No. 26788 of 2017 dt. 10/08/2017, and orders in I.A. No.1 and 2 of 2019 in W.P.No. 38763/2018 in C.A. No. 642/2019 on 24/01/2020, and the Division Bench Judgment of this Honourable Court in batch of cases in WP No. 5556 of 2018 and batch dated. 23/08/2018, and also as per the judgment of the Honourable Supreme Court in SLP No.37870 of 2012, dated 14-10-2014 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:

Petitioner No.1 was initially appointed on consolidated pay/daily wages in the year 1985, petitioner No.2 was appointed in the year 1977, petitioner Nos. 3 and 4 were appointed in the year 1981 and petitioner No.5 was appointed in the year 1986. All the petitioners are working in the last grade posts of Attender/Watchman/Bill Collector/Pump Operator. The petitioners in the year 2014 approached the A.P. Administrative Tribunal, Hyderabad, by filing O.A. No.5566 of 2014 and the same was disposed of by this court on 17.03.2023 directing the respondents to consider the representation of the petitioner. The petitioners submitted a representation dated 27.03.2023 to the respondents seeking to implement the Minimum Time Scale as per G.O.Ms No.122 dated 21.09.2016, however no action had been taken by the respondents. Now, the petitioners are seeking the benefits of 11^th PRC i.e., Rs.19,000 plus usual allowances, annual grade increments etc and to implement G.O.Ms No.51 dated 11.06.2021 as there has been no revision of pay since 13 years. The petitioners also seek to implement the minimum time scale benefits of PRC 2015 with effect from 02.06.2014. Aggrieved by the action of the respondents in not implementing the 10^th and 11^th PRC, the petitioners approached this court by filing the present writ petition.

4. PERUSED THE RECORD:-

(A) Counter affidavit filed on behalf of the 3^rd respondent and the relevant para Nos.5 and 6 are extracted hereunder:-

5. It is false that the petitioners are getting the salary in accordance with the 9^th PRC, as the Proc.No.GPP/RPS/2010, dt.18-03.2010, issued by Panchayat Secretary Gram Panchayat Pargi, Rangareddy District, is not the competent authority to issue the said proceedings. The competent authority is the District Panchayat Officer, who issued both above-said proceedings (Proceedings No.A1/2429/95, dated 06-09- 1995, and Proc.NO.A1/1446/2001, dt.24-04-2002). Therefore, p