THE HON’BLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION No.24258 OF 2017 ORDER:-

Heard Mr.P.Narasimha, learned counsel for the petitioners and learned Government Pleader for Services-I for respondents.

Perused the material available on record.

2. The brief facts that led to filing of this Writ Petition are that originally, the petitioners were appointed as Junior Lecturers in Civics w.e.f. 14.08.1998 in Zone V, and later, they were promoted as Lecturers in Degree College by transfer vide Proc.Rc.No.574/Ser.III.1/2006(V), dated 08.08.2006, and continuing as such without any complaints, had passed NET during the years 1995 and 1997 respectively. Subsequently, the Government, vide G.O.Ms.No.1, Higher Education, dated 08.01.2015, issued necessary instructions regarding the fitment formula for fixation of pay of Lecturers in UGC pay scales of 2006 from State RPS 2005 and 2010. According to Formula-I of the said orders, the Lecturers promoted/recruited on or after 01.01.2006 and drawing State pay scales 2005 are qualified for UGC Pay Scales 2006, and Formula-II thereof relates to Lecturers who were appointed after 01.07.2008 and drawing State pay scales 2010, who are qualified for UGC Pay Scales 2006. Since the petitioners herein were recruited/promoted on or after 01.01.2006 and were drawing Revised Pay Scales 2005, they fall within the ambit of Formula-I issued in G.O.Ms.No.1, and accordingly, the petitioners had submitted their options for pay fixation as per the fitment formula in the said G.O. Since the petitioners were drawing a pay of Rs.21,600/- in 2006 pay scales, their pay has been fixed at Rs.24,320/- as per Formula-I. 3. The grievance of the petitioners is that though their pay has been fixed @ Rs.24,320/- in 2010, the juniors who were appointed as Junior lecturers along with the petitioners during 1998 were promoted as Lecturers subsequent to their promotion during 2010, are drawing Rs.28,560/- in 2010 which is highly unjustified. They further contended that one of the junior Lecturer who was appointed during 2002 and promoted as lecturer in 2010, was drawing pay of Rs.25,490/-. Likewise, the person who was appointed along with them as Junior Lecturer and Lecturer in 2006 after acquiring qualification in the year 2010 for grant of UGC scale, his pay as fixed @ Rs.28,560/- Thus, there is anomaly in pay fixation and the seniors like petitioners are drawing far lesser pay than the persons who were appointed/promoted subsequent to them. Noticing the said irregularity, the petitioners made individual representations to the 2^nd respondent on 20.01.2016 and 18.02.20163 requesting to rectify the anomaly in fixing their pay on par with the juniors. They further cited names of certain persons regarding their appointment, promotion and scale of pay who are viz., Sri A.Sanjeevaiah, who was appointed as Junior Lecturer in the year 1998 and promoted as Degree Lecturer in the year 2010 and was drawing pay of Rs.28,560/-; Sri Vasan Srinivas, Junior Lecturer who was appointed in the year 2002 and was promoted as Lecturer in Degree colleges on 06.01.2010 and was drawing pay of Rs.25,490/- and who is junior to the petitioners by 3 years as Junior Lecturer and 4 years as Degree College lecturer and was drawing Rs.1,170/- more than the petitioners. Since the Government had failed to give weightage in the present G.O.Ms.No.1 in tune with the earlier orders issued in G.O.Ms.No.127, dated 30.08.2000, thereby making heavy loss in the fixations of Lecturers who got promotions after 1.1.2006 with State RPS, 2005 when compared with lecturers who got promotion after 01.07.2008 with State RPS, 2010 .

4. On the other hand, the respondents filed their counter stating that as per Formula-I, for the lecturers promoted /recruited on or after 01.01.2006 and drawing state pay scales, 2005 and qualified for UGC pay scales, 2006, the D.A. element merged as on 01.07.2003 and D.A. element allowed as on 01.01.2006 should be arrived first and shall be added to the