THE HON’BLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION Nos.13781 and 29697 of 2017 AND WRIT PETITION No.44079 of 2018

COMMON ORDER:

The petitioners in these writ petitions are Lab Attendants of Osmania University. Their case is that they are equivalent to the Lab Attendants of the Oil Technology Research Institute (OTRI), JNTU, Ananthapur, and are therefore entitled to the same pay scale as that of the Lab Attendants of OTRI (JNTU). However, they have been given the pay scale of Lab Attenders of JNTU under the 'Common Cadre', which they claim is discriminatory, arbitrary, and illegal.

In view of the commonality of the issues and grievances, the writ petitions have been heard analogously and are being disposed of by way of this common order. For the sake of reference, the averments in W.P. No.

13781 of 2017 are taken into consideration.

2. The case of the petitioners, as set out in the writ affidavit in W.P. No. 13781 of 2017, is that they are Lab Attendants in Osmania University, and that there exists an anomaly in their pay scale vis-à-vis the pay scale of their counterparts in the Jawaharlal Nehru Technological University (Oil Technology Research Institute), Ananthapur. The genesis of this disputeregarding the alleged anomaly in pay scales dates back to the year 1988 with W.P. No. 4013 of 1988. In the said writ petition, the grievance of the petitioners was that they were drawing pay in the scale of Rs. 350– 550, whereas their juniors were drawing a higher pay scale of Rs. 410–625.

This Court, by order dated 21.09.1992, allowed the writ petition, observing that the anomaly was apparent on the face of the record, as the juniors— namely, A.S. Subhani (joined on 01.10.1984), P. Venkateswarlu (joined on 16.10.1986), etc.—were drawing a higher pay scale. Thereafter, similarly situated persons filed W.P. No. 21341 of 1999, and this Court, by order dated 07.08.2009, allowed the writ petition by directing the respondents to grant the pay scale of Rs. 410–625 as per the Revised Pay Scales, 1978.

3. The petitioners herein, aggrieved by G.O.Ms.No. 287 dated 03.12.1991, G.O. Ms. No. 347 dated 01.10.1993, and G.O. Ms. No. 155 dated 15.09.1999, wherein they were awarded the pay scale of “Lab Attender of JNTU” instead of “Lab Attendant of JNTU,” and claiming entitlement to the pay scales of Rs. 1010–1800, Rs. 1875–2750, and Rs. 3550–7150 under the Revised Pay Scales of 1986, 1993, and 1999 respectively, filed W.P. No. 2607 of 2003. This Court, by order dated

23.06.2014, allowed the writ petition by observing as follows:

“Consequently, the writ petition is allowed declaring that the petitioners are entitled to the Pay Scales of 1010- 1800, Rs.1875-2750 and Rs.3550-7150 in the Revised Pay scales of 1986, 1993 and 1999 respectively with all consequential benefits including the arrears of salary in the category of Lab Attendants in the first respondent University with effect from the date of their initial appointment and their pay shall be re-fixed accordingly. The entire exercise shall be completed within a period of three months from the date of receipt of the copy of this order. There shall beno order as to costs. The Miscellaneous Petitions pending if any shall stand closed.”

4. Challenging the order passed in W.P. No. 2607 of 2003, dated 23.06.2014, the respondent—Osmania University—filed an appeal, namely W.A. No. 300 of 2015, and the Hon’ble Division Bench, vide judgment dated 16.04.2015, observed and directed as follows:

“Learned counsel appearing for the appellants-University, on instructions, submits that the appellants are prepared to implement the order, dated 23.06.2014, passed by the leaned Single Judge, impugned in the present writ appeal. He submits that the appellantshave already addressed a communication to the Government for seeking permission to award the pay scale as per the impugned order.

Learned Government Pleader appearing for the State submits that they will consider the case of the respondents in the instant appeal on par wi