HON’BLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION No. 728 OF 2017

O R D E R:

This Writ Petition is filed by petitioners, who are all retired employees, questioning the action of respondents in not paying them arrears of salary and benefits consequent to their alleged entitlement of promotion as Agricultural Extension Officers Grade-I with effect from 17.04.1997. A consequent direction is sought to respondents to pay them arrears from 17.04.1997 till their respective retirement in terms of G.O.Ms.No.167, Agriculture & Cooperation (V2) Department, dated 17.04.1987 and other relevant provisions.

2. Petitioners’ case is that, they joined service as Agriculture Extension Officers and were later deputed to the Horticulture Department, and retired from service as Grade-I Extension Officers. It is stated, they are entitled for promotion to the cadre of A.E.O. Grade-I from 17.04.1997, but that entitlement has not been implemented. It is further stated that though petitioners were parties to O.A.No.6118 of 2011 and orders were passed therein, and though Commissioner also issued specific directions, the Joint Director, Agriculture, Khammam violated those directions. According to petitioners, all of them were deprived of their lawful promotions and consequential payment of arrears which, according to them, comes to more than one lakh rupees each. It was alleged that though they are entitled to arrears of wages and salaries from 17.04.1997 till their respective dates of retirement, they did not receive any such amounts.

2.1. It is further stated, the 1st petitioner along with other employees approached the A.P. Administrative Tribunal by filing O.A.No.6118 of 2011 and the said O.A. was allowed, directing respondents to give effect to promotion to the cadre of A.E.O. as per G.O.Ms.No.167, Agriculture & Cooperation (V2) Department, dated 17.04.1987 and also directing payment of salary/wages from 17.04.1997. The Commissioner of Horticulture also directed the Joint Director, Agriculture, Khammam to pay difference of salaries from 17.04.1997 till the date of retirement of petitioners, including retirement of petitioner No.1 on 31.10.2010. The affidavit specifically referred to Commissioner’s Letter dated 26.07.1997 and NIC message dated 09.08.2004, in which the Joint Director was clearly directed to comply with the promotion and payment of arrears. It was stated that despite these orders, the Joint Director, Agriculture did not comply with and only granted notional benefits after retirement, without payment of arrears.

2.2. According to petitioners, all of them are entitled to arrears of more than Rs.1,00,000/- each. Instead of releasing arrears, respondents only paid one notional increment after retirement. They therefore, submitted representation to Joint Director on 26.09.2016 explaining their entitlement to receive arrears. However, Joint Director, Agriculture, Khammam did not consider their request. Though they approached the higher authorities, their request was not considered.

2.3. Petitioners alleged that counter affidavit filed by the State in O.A.No.6118 of 2011 clearly admitted that they were entitled for promotion from Grade-II Agriculture Extension Officer to A.E.O. Grade-I from 17.04.1997; only because of administrative delays, their promotions were not implemented in time.

3. The case of the 4^th respondent - District Agricultural Officer is that petitioner No.1 along with others had earlier approached the Tribunal by filing O.A. No. 6118 of 2011 seeking a direction to consider their promotion; further prayed for payment of salary/wages approximately Rs. 1,00,000/- each from 17.04.1997. For better appreciation of the matter, the 4th respondent gave details of petitioners in a tabular form in the affidavit.

3.1. It is stated further that the Tribunal recorded the submission of learned counsel for applicants that respondents had already promoted them as Agricultural Extension Officers Grade-I through Proceedings No. AS(2)635/2011, dat