THE HON’BLE SRI JUSTICE P.SAM KOSHY AND THE HON’BLE SRI JUSTICE NARSING RAO NANDIKONDA WRIT PETITION NO.36513 OF 2024

ORDER:

(per Hon’ble Sri Justice Narsing Rao Nandikonda)

This Writ Petition is filed under Article 226 of the Constitution of India seeking to declare the action of the respondents in rejecting the representation of the petitioner, dated 20.05.2024, which is contrary to the Telangana Fundamental Rules and Subsidiary Rules, as arbitrary, illegal and violative of Articles 14, 16, 19 and 21 of the Constitution of India and consequently to direct respondent Nos.2, 4 and 5 to transmit the necessary documents for pay protection and grant pay protection to the petitioner and fix the pay as per Fundamental Rules F.R.22 (a)(iv) from the date of joining in respondent No.2 department and release all arrears of pay and other consequential benefits arising out of the same, including pay fixation.

2. Heard Sri R.Anurag, learned counsel appearing for the petitioner, Sri R.Sheetal Kumar, learned Assistant Government Pleader for Service No.I, appearing for respondent Nos.1 to 3 and Sri K.V.Raman, learned Standing Counsel for High Court, appearing for respondent Nos.4 and

5.

3. The brief facts of the case are that petitioner was initially appointed as Copyist in the Judicial Department on 26.04.2016 and thereafter she was promoted as Typist and worked as such in the Court of Special Judge for Trial of SPE & ACB Cases, Karimnagar till 2021. It is stated that in the year 2018, the Telangana State Public Service Commission (TSPSC) notified vacancies in Group-IV services vide Notification No.10/2018, dated 02.06.2018. In response to the said notification, the petitioner applied to the post of Typist, she was selected and got appointed as Typist in the Revenue Department. Pursuant to the selection in Revenue Department, the petitioner resigned from the post of Typist in the Judicial Department and the same was accepted by respondent No.4 vide order bearing No.2159/ADM/DCK/2021, dated 26.03.2021 with effect from 20.02.2021.

(i) It is stated that after joining the petitioner in respondent No.2, she made several representations to respondent No.4 to provide her Last Pay Certificate and Service Register for fixation of pay in the Revenue Department. However, respondent No.4 neither replied to any of the representations nor taken any action with regard to the same. It is stated that from the date of joining in the Revenue department, the petitioner did not receive any salary on the pretext that the Service Register and Last Pay Certificate were not received by her till 2023. Further, she could not even avail the maternity leaves from 16.04.2021 to 12.10.2021 in view of non-submission of Service Register. However, maternity leave was granted only in the year 2023 i.e., after lapse of one year.

(ii) It is further stated that on 09.02.2022 i.e., after completion of one year, respondent No.4 issued Letter Dis.No.958/ADM/DCK/2022 granting permission to transfer only Last Pay Certificate through online. In spite of repeated representations, the Service Register was not provided by respondent No.4, the petitioner filed an application under Right to Information Act on 04.04.2022. The said application was considered and Photostat copy of Service Register along with other information was provided to the petitioner vide Lr.Dis.No.2956 /R.T.L.Appl.No.13/2022/ADM/DCK, dated 02.05.2022.

(iii) After obtaining Service Register, again the petitioner submitted a representation on 06.06.2022 before respondent No.4 which was also rejected by Memorandum Dis.No.4115/ADM/DCK/2002, dated 04.07.2022. Further, the petitioner also submitted a representation before respondent No.2 on 30.05.2021 requesting him to count her past service in Judicial Department for the pay protection and all consequential benefits under Fundamental Rule 22 (a) (iv).

(iv) It is also stated that since the representations submitted by the petitioner were not considered by the respondents, she fil