IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) FRIDAY, THE TWENTY EIGHTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE K MANMADHA RAO WRIT PETITION NO: 14285 OF 2020 Between: B. H. Satyanarayana, S/o Late Siva Sankaran, 55 years, Occ: Junior Assistant, Gram Panchayat, Gangur, Penamaluru Mandal, Krishna District ...PETITIONER / AND 1. The State of Andhra Pradesh, rep. by its Principal Secretary, Panchayat Raj and Rural Development Department, Secretariat, Velagapudi, Guntur District 2. Commissioner of Panchayat Raj and Rural Development, Andhra Pradesh, No. 12-47, P.V.S.Empire, Near Pratur Cross Road, Tadepalli Guntur District 3. District Panchayat Officer, Krishna District at Machalipatnam. / ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue a Writ Order or direction particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not paying the financial benefits from 2011 after revising the pay of the Petitioner by taking his service from 1993 as illegal, arbitrary and further declare that the Petitioner is entitled to all the financial benefits, including arrears of pay from the date of his regularization ie., 23.09.2011. may 3- lA NO: 1 OF 2020 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondents to pay the Petitioner the arrears of pay from 23.09.2011, pending disposal of the Writ Petition. Counsel for the Petitioner: SRI M. SRIKANTH Counsel for the Respondent Nos.1 to 3: GP FOR PANCHAYAT RAJ AND RURAL DEVELOPMENT & GP FOR SERVICES-IV The Court made the following: ORDER APHC010216862020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3310] FRIDAY ,THE TWENTY EIGHTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE K MANMADHA RAO WRIT PETITION NO: 14285/2020 Between: ...PETITIONER B H Satyanarayana AND ...RESPONDENT(S) The State Of Ap and Others Counsel for the Petitioner: 1.MSRIKANTH Counsel for the Respondent{S): 1 .GP FOR PANCHAYAT RAJ RURAL DEV 2.GPFOR SERVICES IV The Court made the following Order: The Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief: “ to issue an appropriate Writ more in the nature of Writ of Mandamus declaring the action of the respondents in not paying the financial benefits from 2011 after revising the pay of the petitioner by taking his service from 1993 as illegal, arbitrary and further declare that the petitioner is entitled to all the financial benefits, including arrears of pay from the date of his regularization i.e., 23.09.2011 " ^ 2 V Brief facts of the case are that the petitioner was initially 2. appointed as part-time Junior Assistant-cum-Bill Collector oh daily wage basis on 01.04.1983 by the Collector, Krishna District in the Gram Panchayat, Penamaluru Mandal, Krishna district. Thereafter, the petitioner was worked on part time basis until 13.10.1996. Subsequently, the petitionerwas absorbed as a full time Bill Collector. Accordingly, the petitioner was paid increments every year and sanctioned increment of Rs.30/- raising pay from 1595 to 1625 in the scale of Rs. 1595-2030-1625-40-1825-50-2075-60-2375-75-2750-90-3020 with effect from 01.10.1997 vide proceedings Roc.No. 158/97, dated 01.11.1997 of Executive Officer, Gram Panchayat, Penamaluru. Subsequently, the petitioner was granted increments every year. But the petitioner was not given the benefit of revised pay scales of 1995, 2005 and 2010. Later, the petitioner was asked to work in the post of Junior Assistant. While so, the Government of Andhra Pradesh issued G.O.I\/ls.No.212, Finance and Planning (FW.PC.III) Department, dated 22.04.1994 as well as G.O.Ms.No.112, Finance and Planning (FW.PC.III) Department, dated 23.07.1997 by which the Government took a policy decision to regularize all the persons who have been appointed on daily wage basis as and when they complete five years of service as on 25.11.1993 and in so far as part time employees are concerned, it was directed that they would be regularized when they complete ten years of service as on 25.11.1993.As the petitioner has completed more than 13 years 3 as on 25.11.1993, the Government vide G.O.Ms.No.330, Panchayat Raj and Rural Development (Estt.lV) Department, dated 23.09.2011, wherein permission was given for regularization of services along with similarly placed persons as per G.O.Ms.No.112, dated 23.07.1997 with effect from the date of issuance of the G.O., i.e., 23.09.2011. As the petitioner and others are eligible to be regularize with effect from 25.11.1993, they filed O.A.No.6812 of 2012 before the Tribunal and the tribunal vide its order dated 29.08.2012, directed the respondents to regularize the services of the applicants with effect from 25.11.1993 without back wages and their services may be counted for the purpose of retirement benefits. When the order of tribunal has not been implemented, the petitioner and others filed W.P.No.27350 of 2016. After filing of writ petition, the Government issued proceedings vide Memo No.11304/Estt.3/A1/2017, dated 09.08.2018, wherein it has been directed to regularize services their services with retrospective effect i.e., with effect from 25.11.1993 without back wages and for the purpose of retirement benefits. As the respondents are not paying the financial benefits from 2011 after revising the pay of the petitioner by taking his service from 1993, the present writ petition has been filed. 3. The 3'^^ respondent has filed counter affidavit denying the allegations made in the writ petition and stated that the proposals have been submitted to the Government through the Commissioner, PR & RD for 4 % regularization of services of the petitioner herein along with other similar employees under the rules issued vide G.O.Ms.No.212, Finance and Planning (FW.PC.III) Department, dated 22.04.1994. But the Government, PR & RD vide Memo No.119622/Est.lV/A1/2003-16, dated 26.11.2005 has rejected to regularize the services of certain individuals including the petitioner herein as Bill Collector as he has not qualified to hold the post of Bill Collector and requested the 3'"^ respondent to issue speaking orders rejecting the regularization of services of the petitioner herein. The 3^^ respondent issued speaking order vide Roc.No.66/2002 Pts-3, dated 13.12.2005 rejecting the regularization of the services of the petitioner. It is further stated that the petitioner submitted a representation requesting to consider him in any post as he has passed SCC Examination in June 2010 as per his educational qualification under the rules issued vide G.O.(P).No.112, Finance and Planning (FW.PC.III) Department, dated 23.07.1997. Again proposals have been submitted to the Government through the Commissioner, PR & RD for consideration of the request of the similar employees and the Government, PR & RD has considered the request of the proposal and issued G.O.Ms.No.330, PR & RD (EstWV) Department, dated 23.09.2011 regularizing the services of 24 individuals with prospective effect i.e., date of issue of order. As such, the services of the petitioner have been regularized with effect from 23.09.2011 and issued place of posting orders as Bill 5 Collector in Penamaluru Gram Panchayat, Penamaluru Mandal vide Progs.Roc.No.3173/2011 Pts-8, dated 14.11.2011 of the respondent. It is further stated that basing on the orders of the tribunal, theiGovernment, PR & RD issued G.O.Ms.No.220, PR & RD (Estt.lll) Department, dated 29.11.2018 regularizing the services of petitioner and 12 others with retrospective effect. without back wages and to count the service for the purpose of retirement benefits only. The reply affidavit filed by the petitioner stating that at the time of 4. petitioner’s appointment, the requirement for Class-IV staff was “read and write”. But the petitioner passed class and acquired SCC in June, 2010. The Government after considering the petitioner’s case, regularized vide 23.09.2011. It is further stated that the Tribunal directed that regularization should be with effect from 25.11.1993 without back wages and also directed that services be counted for the purpose of retirement benefits. The petitioner is entitled for monetary benefits from the date of G.O.Ms.No.330, dated 23.09.2011. Heard Mr.M.Srikanth, learned counsel for the petitioner and 5. learned Assistant Government Pleader for Panchayat Raj and Rural Development, for the respondents. 6 On hearing, learned counsel for the petitioner while reiterating the contents urged in the writ petition, submits that, as per the judgment of the tribunal, the respondents have re-fixed the pay of the petitioner by taking into service from 1993. The petitioner is entitled to financial benefits as well as arrears of pay from 2011 onwards and the respondents ought to have counted the service of the petitioner from 25.11.1993 and for fixation of pay and arrears from 2011 onwards. He further submits that the petitioner is entitled to count the said period from 25.11.1993 as directed by the tribunal for calculation of pay. He further submits that once the tribunal has directed that the petitioner’s services should be regularized with effect from 25.11.1993, the petitioner’s pay ought to have been revised notionally and fixed and ought to have been paid arrears from 23.09.2011. Therefore, learned counsel requests 6. this Court to pass appropriate orders. Per Contra, learned Assistant Government Pleader while reiterating the contents made in the counter affidavit, submits that, the respondents have complied with the order of the tribunal and issued 7. G.O.Ms.No.220, PR & RD (Estt.lll) Department, dated 29.11.2018 regularizing the services of the petitioner and 12 others with retrospective effect, without back wages and to count the service for the purpose of retirement benefits respondent issued order vide E.Office rd only. Accordingly, the 3 No.571239/2018, dated 03.12.2018 regularizing the service with retrospective 7 r effect with effect from 25.11.1993 without back wages and their services be counted for the purpose of retirement benefits only. Therefore, learned Assistant Government Pleader submits that this Court may pass appropriate orders. 8. Perused the record. On a perusal of the material on record, this Court observed that. 9. as per G.O.Ms.No.330, Panchayat Raj & Rural Development (Estt.lV) Department, dated 23.09.2011, the name of the petitioner is annexed at Serial No.22 and the Government granted permission for regularization of services in terms of G.O.(P).No.112, Finance (PC.Ill) Department, dated 23.07.1997 from prospective effect i.e., date of issue or order, subject to the condition that the said vacancies are clear, regular, continued from time to time till date, no application for compassionate appointment is pending in the vacancy caused due to death and no senior eligible person is overlooked/omitted . Subsequently, the petitioner and 12 others filed O.A.No.6812 of 2012 before the Andhra Pradesh Administrative Tribunal (APAT) and the learned tribunal vide order dated 29.08.2012 directed to regularize the services of the applicants with effect from 25.11.1993 without back wages and their services may be counted for the purpose of retirement benefits. Accordingly, the respondents regularized the services of the applicants with effect from 25.11.1993 without back wages and their services may be counted for the \ I 8 % purpose of retirement benefits. In the present case, the petitioner has filed the present writ petition seeking for payment of financial benefits from 2011, following the revising of his pay based on his service from 1993. Having regard to the facts and circumstances of the case and on considering the submissions of both the learned counsels, it appears that, the learned tribunal has directed to regularize the services with effect from 25.11.1993 without back wages, but did not address whether any financial benefits should be paid. Therefore, this Court is of the opinion that, the petitioner is eligible to financial benefits from 2011, based on the revision of 10. his pay from 1993. ‘ Accordingly, the Writ Petition is allowed. The respondents are directed to pay the financial benefits from 2011 to the petitioner, after revising the petitioner’s pay based on his service from 1993, within a period of three (03) months from the date of receipt of a copy of this order. No costs. 11. As a sequel, miscellaneous applications pending, if any, shall 12. stand closed. Sd/- P.VINOD KUMAR ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Panchayat Raj and Rural Development Department, State of Andhra Pradesh, Secretariat, Velagapudi, Guntur District 2. The Commissioner of Panchayat Raj and Rural Development, Andhra Pradesh, No. 12-47, P.V.S.Empire, Near Pratur Cross Road, Tadepalli Guntur District 3. The District Panchayat Officer, Krishna District At Machilipatnam. r 4. One CC to Sri M. Srikanth, Advocate [OPUC] Two CCs to GP for Panchayat Raj and Rural Development, High Court of Andhra Pradesh. [OUT] Two CCs to GP for Srvices-IV, High Court of Andhra Pradesh. [OUT] Three CD Copies. 5. 6. 7. ssb '1' n HIGH COURT -! DATED:28/02/2025 ORDER 5 21 MAR 2025 ^ . Current Seciion WP.No.14285of 2020 a ALLOWING THE W.P. WITHOUT COSTS