THE HON’BLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO WRIT PETITION No.17792 of 2024

ORDER:

This writ petition is filed by the petitioner seeking to declare the action of the 2nd respondent in not fixing his pay from the date of increment i.e., 01.09.1993 as illegal and arbitrary and consequently direct the 2^nd respondent to fix his pay from 01.09.1993 and also direct the Government of Telangana to pay Rs.42 lakhs for mental agony (for 21 years @ Rs.2 lakhs per year) and to grant costs of Rs.10,000/-.

2. Heard Sri G.Narsimhulu (party-in-person) and the learned Government Pleader for Services-I appearing for the respondents.

3. Brief facts of the case are as follows :-

(a) The petitioner was initially appointed as a Junior Lecturer on 13.09.1978 and was subsequently promoted to Lecturer on 06.08.1993, at Government Degree College, Medak. At the time of promotion, the petitioner exercised his option for pay fixation, indicating the date of his next increment as 01.09.1993. However, in the proceedings issued by the 2^nd respondent on 21.06.2001, the date of pay fixation was shown as 06.08.1993 (the date of promotion), and the next increment was recorded as 06.08.1994. The petitioner retired from service on 30.04.2007. Since 26.06.2002, the petitioner has been making representations to the 2^nd respondent requesting to fix his pay from 01.09.1993 (the increment date) instead of 06.08.1993.

(b) In the pay fixation proceedings, the 2^nd respondent mentioned that if the pay fixation now ordered is later found to be erroneous, any excess amount paid will be recovered from the salary of the petitioner without any prior notice, in addition to revising and re-fixing the pay. According to the proceedings dated 16.01.1998 issued by the 2^nd respondent, the pay shall be fixed from the date of increment, i.e., 01.09.1993, irrespective of the option exercised.

(c) The 3rd respondent, vide Letter No.

299/E1/TGC-SRD/2016, dated 02.01.2016, recommended the pay fixation of the petitioner from the date of increment, i.e., from 01.09.1993. However, the 2^nd respondent has not taken any action on the said letter. Aggrieved thereby, the petitioner has filed the present writ petition.

4. Therefore, the petitioner submits that appropriate orders be passed in the writ petition by directing the 2^nd respondent to fix his pay from 01.09.1993 and allow the writ petition.

5. The 2nd respondent has filed a counter affidavit stating that initially, the petitioner was appointed as a Junior Lecturer and subsequently promoted as Lecturer on 06.08.1993. The petitioner’s pay was fixed in the cadre of Lecturer as per the option exercised by him from the date of promotion, i.e., 06.08.1993 vide proceedings Rc.No.175/UGC-PF/2000, dated 21.06.2001, and the date of the next increment was mentioned as 06.08.1994. The petitioner retired from service on 30.04.2007.

6. It is further stated that the petitioner has made representations to change his option exercised in RPS 1993 PAY SCALES and re-fix his pay from the date of increment, i.e., 01.09.1993, instead of 06.08.1993, after a lapse of ten years. The petitioner’s request was examined and rejected vide proceedings No.Rc.No.97/UGC-PF/2015, dated 08.12.2016 and 10.05.2018, in terms of Government Memo No.1173/CE-I-1/2007-2, dated 02.01.2008.

7. It is further stated that the Government issued a Memo dated 02.01.2008 stating that the option once exercised shall be final and it cannot be altered under any circumstances. The said Government Memo was communicated to all the Principals of the Government Degree Colleges in the State vide proceedings Rc.No.191/UGC-P1/2011, dated 22.02.2018.

8. It is further stated that the petitioner made a representation on 07.06.2023 to reconsider his pay fixation in the cadre of degree college lecturer, i.e., after a lapse of more than 14 years. The petitioner’s request was once again re-examined and rejected vide proceedings No.CCE- SER2/RPS/2/2022-SER2, dated 18.10.2023. Therefore, the request of the petitioner c