HON’BLE MRS. JUSTI CE SUREPALLI NANDA WRI T PETI TI ON No.38523 of 2022

ORDER:

Heard Sri C. Raja Shekar Reddy, learned counsel appearing on behalf of the petitioner, learned Assistant Government Pleader for Services-I , appearing on behalf of respondent Nos.1, 2 and 4.

2. The petitioner filed the writ petition seeking the following relief:

“… to issue an appropriate Writ, Order of direction preferably one in the nature of Writ of Mandamus and to declare the impugned proceedings in Rc. No. 4661/C1/2021-22 dt. 24-5-2022 of the 2^nd respondent by rejecting the case of the petitioner for stepping up of pay that of his junior without following the G. O. Ms. No. 297, Finance (PRC. I) Dept dt. 25-10-1983 is as highly illegal, arbitrary, unreasonable discriminatory and also in violation of Articles 14, 16 and 21 of the Constitution of India and declare the same as bad in law and set aside the same and consequently direct the respondents to consider the case of the petitioner for stepping up of pay that of his junior by following the G. O. Ms. No. 297 Finance (PRC.I) Dept dt. 25-10-1983 and G.O. Ms. No.

65 Finance (HRM. IV) Dept dt. 17-6-2021 and to pass…”

3. The case of the petitioner in brief, is that the petitioner was initially appointed in the post of Junior Assistant in Erramanzil Government High School on 25.06.1990. Whereas the 3^rd unofficial respondent was appointed as Junior Assistant on 30.12.1990. Thereafter the petitioner was promoted as Senior Assistant on 31.08.2009 with retrospective effect on par with his junior i.e. Smt. K. Suguna, who got promotion dated 01.02.2009 but the petitioner’s pay was not yet fixed so far under F.R. 22 (b) on par with his junior pay, resultantly an increment in the promotional cadre was also not added in the petitioner pay scale and also from 01.02.2009 to till date the arrears of pay was not paid in the cadre of Senior Assistant to the petitioner. The petitioner came to know that the said Smt. K. Sugana, is drawing more salary than the petitioner, hence, the petitioner submitted a detailed representation dated 21.09.2020 to the 2^nd respondent to fix his notional pay but the respondents have not initiated any steps in this regard. The petitioner also submitted another representation dated 24.08.2021 to the 2^nd respondent but the same is also not considered.

3 (i). Aggrieved by the same, the petitioner filed W.P. No. 25884 of 2021 and this court passed orders dated 20.10.2021 directing the respondents to pass appropriate orders by considering the representations within a period of six weeks. Thereafter the petitioner filed Contempt Case No. 447 of 2022, then the respondents in view of Memo dated 12.03.2007 rejected the case of the petitioner. As per G.O. Ms.No. 297, Finance and Planning (Fin. Wing PRC.1) Dept, dated 25.10.1983 the pay of the senior should be stepped up with effect from the date of promotion of the junior to a figure equal to the pay as fixed to the junior in the higher post to which he is promoted. Aggrieved by the proceedings dated 24.05.2022 issued by the 2^nd respondent, the petitioner approached the Court by filing the present writ petition.

PERUSED THE RECORD

4. Counter affidavit has been filed on behalf of respondent No.2 and in particular para-Nos.7 and 8 are extracted hereunder “7. It is submitted that in reply to Para 7 of the affidavit, the contention of the petitioner that he came know that Smt K.Suguna getting more salary than him for which he immediately made a representation on 21-09-2020 before the 2nd respondent, no orders were passed representation.

Again, he made a representation on 24-08-2021 for non- consideration of the earlier representation is all false and incorrect, whereas the said representation was considered and the speaking order was issued vide District Educational Officer, Hyderabad District Proc. Rc. No.4661/C1/2021-22, Dated: 24-05-2022 rejecting the claim of the petitioner on the ground that the petitioner after taking promotion to the post of Superi