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2025 DAILYLAW 28456 (AP)

K.Govinda Rao v. The Special Chief Secretary to Govt.

WP/18658/2018 · 2025-04-21

Venkata Jyothirmai Pratapa

Civil Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 APHC010405382018 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] MONDAY, THE TWENTY FIRST DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 18658/2018 Between: K.govinda Rao ...PETITIONER AND The Special Chief Secretary To Govt and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. SANTHAPUR SATYANARAYANA RAO Counsel for the Respondent(S): 1. T G S SRI VATSAVA (SC FOR SAAP) 2. M V S PRASAD 3. GP FOR SERVICES I The Court made the following: ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer: “…..to issue an appropriate Writ, Order or Direction, more particularly one in the nature of writ of mandamus, by declaring the entire action of the respondents in not extending the benefit of minimum time scale of pay attached to the post hold by the petitioner as per Law laid down by. the Hon'ble Apex 2 court in State of Punjab and others V/s Jagith Singh others (Civil Appeal No.213/2013 dated 26.10.2016) despite of recommendations made by the 4th respondent by duly taking into consideration of more than 2 1/2 decades of the regular service of the petitioner is as highly illegal, arbitrary, unjust, improper, contrary to various judicial pronouncements in the subject matter and consequently to direct the respondents to forthwith extend the benefit of minimum time scale of pay attached to the post hold by the petitioner herein by duly taking into consideration of various orders of this Hon'ble court including judgment of the Hon'ble Apex court in State of Punjab and others V/s Jagjit Singh others (Civil Appeal No.213/2013 dated 26.10.2016) and to pass such other order or orders…...” 2. Heard Sri Santhapur Satyanarayana Rao, learned counsel for the petitioner and learned Assistant Government Pleader for Sports, appearing for the respondents 1 to 3. 3. Learned counsel for the petitioner would submit that the petitioner joined in the office of respondent No.4 as NMR on 24.07.1993 as a Watchman. Later his services were utilized as Junior Assistant-cum-Typist. Learned counsel would further submit that respondent No.4 has submitted proposals to respondent No.2 on 27.12.2012 for absorption of the petitioner as regular employee. Even thereafter, the petitioner has submitted several representations dated 27.12.2012, 14.02.2014, 05.07.2016 and 21.03.2017. Learned counsel would submit that a direction may be given to respondent No.2 for taking appropriate decision on the representations and petition may be disposed of by making interim order as absolute. 4. Learned Assistant Government Pleader for Sports would submit that the Court may pass appropriate orders, since the proposal for regularization is still pending with respondent No.2. 3 5. Considering the submissions made and a fair look at the material would show that this Court passed interim order vide I.A.No.1 of 2018, dated 07.06.2018 directing the respondents to pay minimum of time scale of pay attached to the post of Watchman to the petitioner in the light of the judgment of the Hon’ble Supreme Court in State of Punjab & others Vs. Jagjit Singh & others [2017 (1) SCC 148]. 6. In that view, the Writ Petition is disposed of making the interim order as absolute. However, respondent No.2 is directed to look into the representations made by the petitioner as well as the proposal made by respondent No.4 for regularization of the services of the petitioner and take appropriate decision according to governing rules and law within a period of three (03) months from the date of receipt of a copy of this order. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 21.04.2025 ARR 4 119 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 18658/2018 Dt.21.04.2025 ARR