THE HON’BLE SHRI JUSTICE ANIL KUMAR JUKANTI WRIT PETITION No.37039 OF 2017

ORDER:

This writ petition is filed seeking the following relief:

“… to issue an order or direction more particularly one in the nature of Writ of Mandamus to declare the inaction of the respondents in not fixing the pay of the petitioners in the 10^th revised pay scales of 2015, w.e.f. 01.07.2013 and monetary benefit from 02.06.2014, as highly illegal, arbitrary, unconstitutional against the principles of natural justice, equity and fair play and prays to direct the respondents herein to pay the 10^th PRC scales of 2015 to the petitioners herein with all consequential monetary benefits including arrears by fixing personal responsibility and accountability against the respondents herein by awarding exorbitant cost against the respondents and pass such order or orders in the interest of justice.”

2. Heard Mr. Gurram Srinivas, learned counsel representing Mr. Ch. Ganesh, learned counsel for petitioner, learned Assistant Government Pleader for Finance and Planning and learned Assistant Government Pleader for Services.

3. When this Court intended to take up I.A.No.1 of 2024 (I.A. is filed to permit the petitioner to replace the vakalat of Sri Ganesh, Advocate), Mr. Gurram Srinivas, learned counsel, sought permission to withdraw I.A.No.1 of 2024 and submitted that Mr. Ch. Ganesh, be considered as counsel on record and orders be passed, as the learned counsel Mr. Ch.Ganesh had made submissions on behalf of petitioner.

4. Matter pertains to year 2017 and has undergone several adjournments. On 20.11.2023, learned Assistant Government Pleader for Services-II sought time for filing counter affidavit.

5. By an order dated 04.12.2017, this Court passed the following order:

“Notice before admission. Post after six (6) weeks.”

6. The order is communicated to (1) Principal Secretary, Education Department, Government of Telangana, (2) District Educational Officer, Karimnagar, Telangana State (3) Chief Educational Officer, Karimnagar District, Telangana, and (4) Principal Secretary, Finance Department, Government of Telangana - respondent Nos.1 to 4 by registered post with acknowledgment due along with a copy of petition and affidavit. Though notice/order was served by RPAD along with a copy of petition and affidavit, no counter affidavit is filed by respondent Nos.1, 2 and 4, such an approach by the State Government authorities cannot be condoned and keep on adjourning the matter.

7. The Chief Educational Officer, Zilla Parishad, Karimnagar District, respondent No.3, filed counter affidavit, on 07.02.2018.

8. Brief facts:

Petitioner was appointed on 25.01.1977 by Special Officer, Panchayat Samithi Office, Sulthanabad, as a part- time sweeper on a monthly remuneration of Rs.25/-. Along with petitioner, nine others were appointed in various schools on request(s) made by School Headmasters for want of sweepers. In the appointment order, petitioner’s name is at serial No.2, Village Keesulatapally, School Keesulatapally (page No.12 of writ papers). Page No.18 is a document of the office of Mandal Parishad Development Officer with details of petitioner as full time sweeper. Petitioner is promoted as full time sweeper from

14.11.1990 with pay scale of 2005 (PRC) in the scale 3850 - 7650/3850. At page No.20 is a document (proforma-II) signed by Mandal Development Officer, Pegadapalli. In the document, at Sl.No.8, name of the petitioner is reflected, designation as Attender, scale 740-1150, monthly pay – 740 with D.A.-770, H.R.A.-74, I.R.-63, gross salary-1647, deductions-176, net payable-1471. Annexed at Page No.24 is a document signed by the Mandal Education Officer, Pegadapalli, relating to the year 2011-2012. Grievance of petitioner is that though he is fully eligible and entitled for DA, HRA and other allowances w.e.f. 01.04.2005, the respondent authorities are not paying the benefits due to him.

9. In the year 2005, scales of last grade pay were Rs.3,850 - Rs.8,600. In the 10^th PRC, i