HON’BLE MRS. JUSTI CE SUREPALLI NANDA WRI T PETI TI ON No.16931 OF 2023

ORDER:

Heard Sri Siripuram Keshav, learned counsel appearing on behalf of the petitioner and learned Assistant Government Pleader for Services-I I , appearing on behalf of respondents.

2. The petitioner filed the writ petition seeking the following relief “… to appropriate writ, direction, order or orders, more particularly one in the nature of writ of Mandamus in declaring the action of Respondents in not fixing the Revised pay scale 2020 of the Petitioner in the post of Senior Assistant(land CAD), issued by Government of Telangana Finance (HRM.IV) Department vide Cir.Memo.No.3037-A/306/Al/HRM.IV/2022 dt.21.02.2023 and further cancelling the Annual Grade increment sanctioned to the Petitioner for the year 2021 and recovering the same from the salary of the Petitioner vide Proceedings dt.26.06.2023 issued by 4^th Respondent without following due process of law in spite of Petitioner submitting representation to Respondent.No.4 on dt.03.12.2022 as illegal arbitrary, against principles of natural justice, against the provisions of Telangana State and Subordinate Service Rules1996, against Fundamental Rules and Subsidiary Rules for the state of Telangana and in violation of Petitioners rights guaranteed under Articles

14, Article 16, and Article 21 of the Constitution of India and against all settled principles law and set aside the Proceedings dt.26.06.2023 issued by 4^th Respondent and direct the Respondents to implement the Revised pay scale 2020 of the Petitioner in the post of Senior Assistant issued by Government of Telangana Finance (HRM.IV) Department vide Cir.Memo.No.3037-A/306/Al/ HRM.IV/2022dt.21.02.2023 with all consequential benefits and to pass...”.

3. The case of the petitioner, in brief, is that the petitioner has been initially appointed as Junior Assistant in I.B. Sub-Division, Gadwal on 28.12.1989. Thereafter the petitioner was falsely implicated in a criminal case vide a Crime No.1/2003. Subsequently, 4^th Respondent suspended the petitioner from service dated 01.09.2003 and initiated proceedings against the petitioner vide charge memo dated 04.08.2005. The petitioner filed O.A.No.3547 of 2006 on the file of Hon’ble Administrative Tribunal challenging the suspension proceedings and also charge Memo dated 04.08.2005 and the Hon’ble Administrative Tribunal was pleased to set aside the Charge Memo dated 04.08.2005 and directed the Respondents to review the Suspension Proceedings. The petitioner submitted a representation to the 4^th respondent on 11.07.2007 and the 4^th respondent revoked the suspension orders of the petitioner vide order dated 28.04.2008 and the petitioner was reinstated into service.

3 (i). It is the further case of the petitioner that petitioner was promoted to the post of Senior Assistant vide Proceedings dated 15.10.2009. In the meanwhile the criminal case was compromised before the Lok Adalath and the case was closed on 31.03.2011. Thereafter, 2^nd respondent issued show cause notice dated 20.09.2022 to the petitioner stating that why the petitioner should not be demoted to the post of Junior Assistant as the Criminal proceedings are pending against the petitioner and the same notice was issued to the petitioner with thirteen years of inordinate delay. Aggrieved by the said notice, the petitioner on earlier occasion filed writ petition No.3956 of 2022 in this Court and this Hon’ble Court was pleased to set aside the impugned Memo thereunder vide interim orders dated 27.10.2022. The petitioner had submitted representation dated 03.12.2022 to the 4^th respondent to implement the Revised Pay Scales 2020 to the petitioner but the respondent No.4 did not consider the same. The 4^th respondent issued impugned proceedings dated 26.06.2023 cancelling the annual Grade increment sanctioned to the petitioner for the year 2021 (in the month of May, 2021 i.e. pay from Rs.46,060/- to Rs.47,330/- @ Rs.1270/- p.m. and further held that excess pa