IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY. THE THIRTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 21806 OF 2023 Between: D V Ramana Raju, S/o. Venkatapathi Raju, Aged about 60 years, formerly Driver, presently working as Office Subordinate, Office of the Assistant Commissioner (ST), Tuni, East Godavari District. ...PETITIONER AND 1. The State of Andhra Pradesh, Represented by its Principal Secretary, Commercial Taxes Department, Secretariat, Velagapudi, Guntur District, Andhra Pradesh. 2. The Commissioner, State Tax, Vijayawada. 3. The Joint Commissioner, State Tax, Kakinada Division, East Godavari District. 4. The Assistant Commissioner, State Tax, Tuni Circle, Tuni, East Godavari District. ...RESPONDENTS Petition under Article 226 of the Constitution of India is filed 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, in the nature of WRIT OF MANDAMUS declaring the action of the Respondents in not protecting the pay of the petitioner in the cadre of driver from which the Petitioner was appointed as a office subordinate in view of the abolition of driver posts in the commercial tax department as illegal, arbitrary, improper, unjust, in violation of principles of natural justice and contrary to law and consequently declare the proceedings one in r Ref.No.P2/84/2007, dated 29.06.2022 as illegal, arbitrary and violative of F.R. 22 of Fundamental Rules. lA NO: 1 OF 2023 Petition under Section 151 CPC is filed 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 consider the representation dated 20.06.2023 of the petitioner by protecting the Petitioners pay scale in the cadre of Driver, forthwith pending disposal of the Writ Petition. Counsel for the Petitioner: SMT Y MAHALAKSHMI Representing SRI. K RAGHU VEER Counsel for the Respondent No’s. 1 to 4: SRI S RAJU, AGP FOR SERVICES I The Court made the following ORDER: » APHC010403732023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) . [3331] THURSDAY ,THE THIRTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 21806/2023 Between: D V Ramana Raju ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONpENT(S) Counsel for the Petitioner: 1.KRAGHU VEER Counsel for the Respondent(S): 1.GPFOR SERVICES I The Court made the following: :: ORDER :: Heard Smt. Y. Mahalakshmi, learned counsel representing Sri K. Raghuveer, learned counsel for the petitioner and Sri S. Raju, learned Assistant Government Pleader for Services, for respondents 1 to 4. 2. The above writ petition is filed to declare the action of the respondents in not protecting the pay of the petitioner in the cadre of the driver from which the petitioner is appointed as Office Subordinate, due to the abolition of driver posts in the Commercial Tax Department, as illegal and arbitrary. Page 2 of 5 3. The petitioner was appointed as a driver on 30.10.1984 in YRC Division No. 15, Uttar Kanchi. Subsequently, the petitioner Commercial Tax Department as a Jeep Driver and posted at the Commercial Tax Office, Kakinada. The petitioner joined at Commercial Kakinada on 26.01.T995. Thereafter, the petitioner was transferred to the office of Deputy Commissioner, Commercial Taxes, Kakinada was transferred to the Tax Office, and worked there from 12.08.1998 to 21.07.2008. The petitioner was further transferred to the office of the Commercial Tax Department, Kakinada on 22.07.2008 and he worked there up to 30.06.2022. 4. While so, the Driver posts were abolished. The petitioner made a representation to respondent No.3, requesting to convert his post to Office Subordinate on humanitarian grounds. Respondent No.3 vide proceedings NO.P2/84/2007 dated 29.06.2022 posted the petitioner as office Subordinate in the office of the Assistant Commissioner, State Tax, Tuni Division. In the said proceedings, it was mentioned that the petitioner sought for reversion to the cadre of Office Subordinate. Respondent No.4 issued proceedings vide Reference No.A1/20/22, dated 20.09.2022 stating that the petitioner was converted as Office Subordinate. 5. As a driver, the petitioner was drawing a salary of Rs.85,240/- + Rs.25/- (EPP) etc., as of 30.06.2022. The scale of pay in the cadre of Office Subordinate was fixed at Rs.61,960/- + Rs.25/- + Rs.23,280/- (PP) w.e.f. 01.07.2022. The difference between earlier pay in the cadre of Driver and subsequent pay as Office Subordinate is nearly Rs.27,000/-. The proceedings, in the case of a similarly situated person, one M. Siddaiah who was reverted as Office Subordinate, were cancelled and again he was posted as Jeep Driver. The petitioner made representation s, which were forwarded to respondent Nd.3 bn?c^ (Ex.P1). However the ssrne is not considered. Hence, the writ petition. pay fixation 6. Page 3 of 5 S> 7. A counter affidavit was filed on behalf of the respondents. In para No.8 of the counter affidavit, it was contended as follows: “It is further submitted that the relation of the Petitioner request made to 3^'^ Respondent vide representation Dt. 26.06.2023 with a request to protect his pay in the cadre of office subordinate or cancel the reversion order as Office subordinate and continue as a Jeep Driver and the same is pending before the 3*^^ Respondent under active examination of office as per the rules and the necessary orders will be issued as per the eligibility and rules in vogue. At the hearing, learned counsel for the petitioner confined her arguments and urged the Court to direct respondent No.3 to pass appropriate orders on the petitioner’s representations, as per the averment in the counter affidavit. 8. 9. Learned Government Pleader did not refute the said submission. Given the averments of the counter affidavit and the submissions of learned counsel, without touching the merits of the matter, this writ petition is disposed of at the admission stage, with the consent of learned counsel on either side, directing respondent No.3 to consider the petitioner’s representation dated 26.06.2023 and pass appropriate orders strictly as per the rules, as expeditiously as possible, within eight weeks from receipt of a copy of this order. No costs. 10. Miscellaneous petitions pending, if any, shall stand closed. SD/- G. HELA NAIDU AS^TAN^EGISTRAR ' SECTION OFFICER //TRUE COPY// To, 1. The Principal Secretary, Commercial Taxes Department, State Of Andhra Pradesh, Secretariat, Velagapudi, Guntur District, Andhra Pradesh. 2. The Commissioner, State Tax, Vijayawada. 3. The Joint Commissioner, State Tax, Kakinada Division, East Godavari District. 4. The Assistant Commissioner, State Tax, Tuni Circle, Tuni, East Godavari District. 5. One CC to SRI. K RAGHU VEER, Advocate [OPUC] 6. Two CCs to GP FOR SERVICES I, High Court Of Andhra Pradesh. [OUT] 7. Three CD Copies PRK « HIGH COURT DATED:13/02/2025 ORDER ^ 18 MAR 2025 | . Current Section WP.No.21806 of 2023 DISPOSING OF THE W.P. WITHOUT COSTS