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2025 DAILYLAW 2835 (AP)

P.N. Subhash Chandra v. The State of A.P.

WP/639/2024 · 2025-08-19

Nyapathy Vijay

body2025

Judgment text

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APHC010007952024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY,THE TWENTIETH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJA^ WRIT PETITION NO: 639 OF 2024 Between: 1. P.N. Subhash Chandra, S/o Rama Krishnaiah Age 60 years, Occ Work Inspector Gr. II O/o. Dy. Executive Engineer R and B Sub Division Podalakuru, Nellore District. 2. Parri. Krishnaiah, S/o (Late) Subbaiah. Age 58 years. Occ Work Inspector Gr. HI. O/o. Dy. Executive Engineer, R and B Sub Division Gudur, Thirupathi District. 3. G.V.S. Ravikumar, S/o Srinivasa Rao Age 56 years, Occ Asst. Technical Officer. O/o Executive Engineer. R and B Division. Nellore Nellore District. 4. Oh. Kesavulu, S/o Venkat Reddy Age 62 years, Occ Retd. Work Inspector Gr. Ill O/o Dy. Executive Engineer R and B Sub Division. Naidupeta.Thirupati District. R/o. H. No. 5-5-142 . Naidupeta, Thirupathi District. 5. B. Surendra, S/o Penchal Reddy, Age 57 years, Occ Work Inspector Gr. II. O/o Dy. Executive Engineer, R and B Sub Division. Nellore, Nellore District. 6. Sk. Riyaz Basha, S/o Sk. Meeramohidecn Age 60 years, Occ Work Inspector Gr. II, O/o. Dy. Executive Engineer. R and B Sub Division, Gudur, Thirupathi District. 7. Paturu Krishna Murthy, S/o Laxmikantha Rao Age 61 years, Occ Panchayat Secretary Gr. I Former work Inspector Grade-Ill, O/o. Grama Panchayat, Padugupadu. Kovur,(M), Nellore District. ...Petitioners AND r 1. The State of Andhra Pradesh, Rep. by its PrI. Secretary, Transport, Roads and Buildings (SER) Department, Secretariat Building , Velgapudi, Guntur District 2. The Engineering in Chief, (R and B) Dept. Admn. NH and CRF. Bandar Road, Room No.501.4th Floor, State HOD office Buildings Labbipet, Vijayawada. Krishna District. 3. The Superintending Engineer, R and B, Nellore Circle. SPSR Nellore District. 4. The Mandal Parishad Development Officer, Kovuru, SPSR, Nellore District. r MG Road. ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, order or direction more particularly one in the nature of Writ of mandamus: ^ (a) by declaring the action of the respondents in not extending the benefit of revised pay scales to the petitioners which was extended to the similarly situated employees vide G.O.Rt.No. 551, I and CAD Dept. dt. dt. 06.08.2004 and G.O. Rt No.361 PR and RD (El) Dept, dated 10.5.2019 , Go Rt No. 116 PR and RD (E-ll) Dept dated 18-2-2020 r/w and recent orders issued in Memo No. 1112541 -SOSERR(ESR) /8/2020-SER-RB dated 18-8- 2023 of the 1st respondent and consequential Memo 5168/Ser.lV (2)/New Common Category scales /2023, dated.4-9-2023 of the 2nd respondent same are issued in furtherance of orders of erstwhile Administrative Tribunal, including this Hon’ble Court in WP No. 1188/2020 dated 23-1- 2020, on the sole ground that, the Petitioners herein are not party to the above cases and they are not obtained any favorable orders like others from any of the competent court is as highly illegal, arbitrary, discriminatory, and opposed to all principles of natural justice, clear violation of all principles of natural justice to that of above judicial pronouncements. ' (B) and consequently to direct the respondents to extent the same benefit to the petitioners which was extended to the other similarly situated vide G.O.Rt.No. 551, I and CAD Dept. dt. 06.08.2004 and G.O. Rt persons No.361 PR and RD (El) Dept, dated 10.5.2019 , Go Rt No. 116 PR and RD ( E-ll) Dept dated 18-2-2020 and recent orders issued in Memo No. 1112541 - SOSERR(ESR) /8/2020-SER-RB dated 18-8-2023 of the 1st respondent,^ lA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the respondents to extend the revised pay scales to the petitioners which was extended to the other similarly situated persons vide in G.O.Rt.No. 551, I & CAD Dept. dt. 06.08.2004 and G.O. Rt No.361 PR&RD (El) Dept, dated 10.5.2019 . Go Rt No. 116 PR&RD ( E-ll) Dept dated; 18-2- 2020 and recent orders passed in Memo No. 1112541 -SOSERR(ESR) /8/2020-SER-RB dated: 18-8-2023 of the T' respondent and consequential Memo 5168/Se.lV (2) / New Common Category Scales /2023, dated;4-9-2023 of the 2nd respondent. Counsel for the Petitioners: SRI SANTHAPUR SATYANARAYANA RAO ^ Counsel for the Respondents No.1 to 3: GP FOR ROADS & BUILDINGS- Counsel for the Respondent No.4: M/s. B V APARNA LAKSHMI The Court made the following order: APHC010007952024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] WEDNESDAY, THE TWENTIETH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 639/2024 Between: 1.P.N. SUBHASH CHANDRA, S/0 RAMA KRISHNAIAH AGE 60 YEARS, OCC WORK INSPECTOR GR. II 0/0. DY. EXECUTIVE ENGINEER R AND B SUB DIVISION PODALAKURU, NELLORE DISTRICT. 2.PARRI. KRISHNAIAH, S/0 (LATE) SUBBAIAH. AGE 58 YEARS. OCC WORK INSPECTOR GR. HI. ENGINEER, R AND B SUB DIVISION GUDUR, THIRUPATHI DISTRICT. 0/0. DY. EXECUTIVE 3.G.V.S. RAVIKUMAR, S/0 SRINIVASA RAO, AGE 56 YEARS, OCC ASST. TECHNICAL OFFICER. 0/0 EXECUTIVE ENGINEER. R AND B DIVISION, NELLORE, NELLORE DISTRICT. 4.CH. KESAVULU, S/0 VENKAT REDDY, AGE 62 YEARS, OCC RETD. WORK INSPECTOR GR. ILL 0/0 DY. EXECUTIVE ENGINEER R AND B SUB DIVISION. NAIDUPETA.THIRUPATI DISTRICT. R/0. H. NO. 5-5-142 . NAIDUPETA, THIRUPATHI DISTRICT. 5.B. SURENDRA, S/0 PENCHAL REDDY, AGE 57 YEARS, OCC WORK INSPECTOR GR. II. 0/0 DY. EXECUTIVE ENGINEER, R AND B SUB DIVISION. NELLORE, NELLORE DISTRICT. 6.SK. RIYAZ BASHA, S/0 SK. MEERAMOHIDECN, AGE 60 YEARS, OCC WORK INSPECTOR GR. II, 0/0. DY. EXECUTIVE ENGINEER. R AND B SUB DIVISION, GUDUR, THIRUPATHI DISTRICT. 2 r PATURU KRISHNA MURTHY, S/0 LAXMIKANTHA RAO :Nsprc?oR°^%“r ^ orTr^^^ PADUGUPADU. KOVUR,(M), NELLORE DISTRICT. AGE PANCHAYAT, ...PETITIONER(S) AND 1.THE STATE OF A P, REP. BY ITS PRL. SECRETARY TRANSPORT ROADS AND BUILDINGS (SER) DEPAIFMENT BUILDING , VELGAPUDI, GUNTUR DISTRICT 2.THE ENGINEERINCHIEF, (R AND B) DEPT. ADMN NH AND CRF BANDAR ROAD ROOM NO.501.4TH FLOOR BUILDINGS MG ROAD DISTRICT. 3.TFIE SUPERINTENDING ENGINEER R SPSR NELLORE DISTRICT. 4.THE MANDAL PARISHAD DEVELOPMENT SPSR, NELLORE DISTRI SECRETARIAT. STATE HOD OFFICE KRISHNA LABBIPET, VIJAYAWADA. and B, NELLORE CIRCLE. OFFICER, KOVURU, ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that ^ the circurnstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, order or direction more particularly one in the nature of Writ of mandamus action of the respondents in i scales to the petitioners which (a) by declaring the not extending the benefit of revised j was extended to the similarly situated To rr dt.06.08.2004 and R,M ^ated 10.05.2019 Go RtNo.116 PR and RD (E-ll), Dept., dated 18-2-2020 r/w and recent datr IsTdndhrH -SOSERR(ESR)/8/2020-SER-RB stOTslriwdf/N r '■espondent and consequential Memo 5168/SerJV (2)/New Common Category scales /2023, f are issued in furtherance of orders of erstwhile Administrative Tribunal, including this Hon'ble Court in W.P.No. 1188/2020 dated 23-1-2020, on the sole ground tha t Petitioners herein are not party to the above cases and they are no" pay dated.4-9-2023 3 obtained any favorable orders like others from any of the competent court is as highly illegal, arbitrary, discriminatory, and opposed to all principles of natural justice, clear violation of all principles of natural justice to that of above judicial pronouncements. (B) and consequently direct the respondents to extent the same benefit to the petitioners extended to the other similarly situated persons vide G.O.Rt.No.551, I and CAD Dept, dt.06.08.2004 and G.O.Rt.No.361 PR and RD (El) Dept, dated 10.5.2019, Go.Rt. No.116 PR and RD ( E- II) Dept., dated 18-02-2020 and recent orders issued in Memo No.1112541 - SOSERR(ESR) /8/2020-SER-RB dated 18-8-2023 of the 1®' respondent and to pass such other order. to which was lA NO: 1 OF 2024 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 extend the revised pay scales to the petitioners which was extended to the other similarly situated persons vide in G.O.Rt.No.551, I & CAD Dept, dt.06.08.2004 and G.O.Rt.No.361 PR&RD (El) Dept, dated 10.5.2019. Go.Rt No.116 PR&RD ( E-ll) Dept dated: 18-2-2020 and recent orders passed in Memo No.1112541-SOSERR(ESR)/8/2020-SER-RB, dated 18-8-2023 of the T' respondent and consequential Memo 5168/Se.lV(2)/New /2023, dated;4-9-2023 of the Common Category Scales 2"^ respondent and to pass such other order Counsel for the Petitioner(S): 1 .SANTHAPUR SATYANARAYANA RAO Counsel for the Respondent(S): 1.GP FOR SERVICES II (AP) 2. B V APARNA LAKSHMI The Court made the following; r<- THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.639 of 2024 ORDER: This Writ Petition is filed to declare the action of Respondents in scales to the Petitioners, which vide G.O.Rt.No.551, Irrigation & dated 06.08.2004 read with recent 1. not extending the benefit of revised pay extended to similar situated persons CAD (PW.Estt.2) Departmept G.O.Rt.No.361, PR & RD (E1) Department, dated 10.05.2019, as illegal was and arbitrary. Rao, learned counsel for the Heard Sri S. Satyanarayana and the learned Government Pleader for Services-ll appearing 2. Petitioners for the Respondents. counsel for the Petitioners submits that the Petitioners scales by virtue of (PW.Estt.2) Department, dated The learned 3. entitled for the benefit of revision of pay G.O.Rt.No.551, Irrigation & CAD read with G.O.Rt.No.361, Panchayat Raj & Rural are 06.08.2004 Development (E.1) Department not being extended to the Petitioners. The counsel for the Petitioners dated 10.05.2019, but said benefits are in W.P.No.1188 of 2020, 1744 of 2020, dated 29.01.2020, which relies upon the orders passed by this Court dated 23.01.2020 and W.P.No. vide Memo No.1112541 SOSERR dated 18.08.2023. The counsel for the Petitioners said to have been implemented were (ESR)/8/2020-SER-RB 2 submits that the Petitioners would make a representation to the Respondents and requested to direct the Respondents to consider the same. 4. Hence, in view of the above circumstances, this Court deems appropriate to dispose following directions; it of the Writ Petition with the (i) The Petitioners shall submit a representation to the Respondents within a period of two (2) weeks from the date of receipt of copy of the order seeking for benefit of revised pay; (ii) On such representation the Respondents shall consider same keeping in view the orders passed by this Court W.P.No.1188of 2020, W.P.No.1744 of 2020, dated No. 1112541 SOSERR (ESR)/8/2020-SER- 18.08.2023 issued by Respondent No.1 the in dated 23.01.2020 29.01.2020 and and Memo dated and pass appropriate orders within a period of four (4) weeks thereon; RB, (iii) No order as to costs. 5. As a sequel, pending applications, if any, shall stand closed Sd/- M. RAMESH BABU DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Pri. Secretary, State of Andhra Pradesh, Transport, Roads and Bujidrngs (SER) Department, Secretariat Building , Velgapudi, Guntur District 2. The Engineering in Chief, (R and B) Dept. Admn. NH and CRF. Bandar. Road, Room No.501.4th Floor, State HOD office Buildings, MG Road. Labbipet, Vijayawada. Krishna District. Superintending Engineer, R and B, Nellore Circle. SPSR Nellore 3. The District. 4. The Mandal Parishad Development Officer, Kovuru, SPSR, Nellore District SRI. SANTHAPUR SATYANARAYANA RAO, Advocate 5. One CC to [OPUC] 6. Two CCS to Pradesh [OUT] 7. One CC to M/s. B V APARNA LAKSHMI, Advocate [OPUC] 8. Two CD Copies GP FOR ROADS AND BUILDINGS, High Court of Andhj:a^ nm HIGH COURT DATED:20/08/2025 ORDER WP NO. 639 OF 2024 =4 1 1 SEP 2025 Co O Ss4jurrentSectjopXl^ DISPOSING OF THE WP WITHOUT COSTS