THE HON’ BLE SRI JUSTICE NAGESH BHEEMAPAKA

WRIT PETITION No.23001 of 2017

ORDER:

The case of the petitioner, precisely, as per the writ affidavit, is that

she was appointed as Lab Technician Grade-II in 1995, and placed in the scale of pay of Rs.1535-2840 and posted at Primary Health Centre, Kandi, Medak District vide Proceedings dated 13.08.1995. It is his grievance that similarly situated employees were given the pay scale of Rs.1875-3750 with retrospective pay fixation benefit, including arrears of pay, and one B. Nagamani approached the A.P. Administrative Tribunal by filing O.A.No.6740 of 2013, as arrears of pay were not granted from the date of her initial appointment, and the Tribunal directed the respondent authorities to consider the representation dated 16.09.2013 submitted by Nagamani and consequently she was granted the necessary pay fixation from the date of initial appointment apart from paying arrears of pay in the

grade of Lab Technician Grade-II.

The petitioner also submitted a representation dated 17.11.2014 to

the 5^th respondent, and as no action was taken, he filed O.A.No.1987 of 2015 before the A.P. Administrative Tribunal, and the Tribunal by Order dated 16.02.2015 directed the 5^th respondent to consider the representation

of the petitioner and pass orders within six weeks.

Pursuant to the order of the Tribunal, the 5^th respondent passed

Speaking Orders dated 02.08.2016 stating that he would examine the case of the petitioner only after financial concurrence from the 2^nd respondent- Finance & Planning Department. Aggrieved by the delay being caused in his case in implementing the pay scale of Rs.1875-3750, when similar

situated persons are enjoying the fruits of the pay scale, including the arrears of pay from the date of initial appointment, the petitioner filed this writ petition.

2. Heard Mr. B.M. Patro, learned counsel for the petitioner; and learned Government Pleader for Finance & Planning. Perused the record.

3. Having considered the respective submissions and perused the record, at the outset, it may be noted that the matter of awarding the pay scale of Rs.1875-3750, with arrears of pay, has been adjudicated by the Tribunal, and a direction was issued to the 5^th respondent to consider the representation of the petitioner, dated 17.11.2014, for awarding of the said pay scale along with arrears of pay from the date of initial appointment. It is not in dispute that similarly situated employee B. Nagamani has been granted the benefit of the pay scale Rs.1875-3750 from the date of initial appointment apart from retrospective monetary benefit by payment of arrears. However, the 5^th respondent rejected the petitioner’s case for granting the pay scale of Rs.1875-3750 and payment of retrospective monetary benefits on the ground that concurrence of the Finance Department has not been received and that he examined the petitioner’s case for granting of pay scale of Rs.1875-3750 along with arrears of pay, only after receipt of finance department’s concurrence.

4. Even as per the counter affidavit, it is not the case of the 5^th respondent that the claim of the petitioner is unlawful or that similarly situated persons were not granted the benefit of pay scale and also arrears.

5. In that view of the matter, admittedly, a similarly placed employee Ms. Nagamani has been given the pay scale of Rs.1875-3750 with retrospective monetary benefits from the date of initial appointment. The Tribunal has also directed the authorities to consider the petitioner’s representation dated 17.11.2014. That being so, rejecting the case of the petitioner on the ground that no concurrence was received from the Finance Department, and there being no follow up on the part of 5^th respondent to pursue the petitioner’s rightful claim, thereby eternally delaying the petitioner’s claim for want of concurrence from the Finance Department, is illegal and arbitrary, as that would defeat the very direction in the O.A.No.1987 of 2015, wherein the responden