APHC010499932021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3311] Wednesday, the Sixteenth day of April Two Thousand and Twenty Five Present The Honourable Ms Justice B.S.Bhanumathi Writ Petition Transfered from APAT No: 2013 of 2021 (O.A.No.1670 of 2018) Between: M. Ramanjaneyulu and others ...petitioners and The State of Andhra Pradesh and others ...respondents Counsel for the petitioners: 1. K Swarna Seshu Counsel for the respondents: 1. GP for Services - I 2. GP for Services - II The Court made the following: 2 W.P.(AT).No.2013 of 2021 ORDER: The writ petition is filed under Article 226 of Constitution of India seeking the following relief: “…to declare the action of the respondents in not releasing the annual grade increments, HRA and CCA from the date of sanctioning the minimum time scale vide G.O.Ms.No.267, I & CAD (Ser.V) Department, dated 14.10.2009 issued by the respondent No.1 as illegal arbitrary and also contrary to the orders passed by this Court in W.P.No.26788 of 2017, dated 10.08.2017 and consequently direct the respondents to release annual grade increments from the date of payment of minimum time scale G.O.Ms.No.267, I & CAD (Ser.V), dated 14.10.2009 insofar as the applicants is concerned along with arrears with all consequential benefits and to pass…” 02. The case of the petitioner, is briefly, as follows: The petitioners were initially appointed during the years 1989, 1990, 1991 and 1992 on different dates as job typists under the control of the respondents. Since then, they have been discharging their duties. They worked on daily wage basis without any other allowances till 2008. The government issued G.O.Ms.No.267, I & CAD (Ser.V), dated 14.10.2009, wherein, the respondent No.4 herein was directed to allow the minimum time scale i.e., (basic pay + D.A.) of Rs.4,825/- in the pay scale of Rs.4,825-10,845/- as per PRC, 2005 without any other benefits. As such, no annual grade increments and HRA were sanctioned. Subsequently, the next PRC, 2010 was also granted vide proceedings dated 03.02.2011 and PRC, 2015 vide proceedings dated 04.11.2015 to the petitioners. The petitioners are not being granted periodical 3 W.P.(AT).No.2013 of 2021 increments, HRA and CCA in spite of repeated representations made by them. Similar issue came up for hearing before the tribunal in O.A.No.7195 of 2002, wherein by order dated 26.08.2002, the tribunal categorically held that the employees whose pay was fixed in the minimum time scale were entitled to periodical increments from the date of payment of minimum time scale along with arrears. The said order was confirmed by the High Court in W.P.No.27214 of 2005 on 23.08.2006 and also later by the Supreme Court. Subsequently, the tribunal allowed several similar O.As and all such orders are confirmed by the High Court. Similarly, a detailed order was passed in W.P.No.759, 760 and 979 of 2012 on 07.06.2012, dismissing the orders passed in O.A.No.8129 of 2011, 8130 of 2011 and 8131 of 2011, dated 29.09.2011, therefore, the petitioners were also entitled to periodical increments along with HRA and CCA from the date of payment of minimum time scale, including arrears. Likewise, the workers of Vijayawada Municipal Corporation who have the benefit of minimum time scale also filed O.A.No.7335 of 2010 for release of increments and HRA. The petition was disposed by the tribunal. The matter was carried out by the respondents to the High Court vide W.P.No.24330 of 2011. The High Court dismissed the writ petition. Thereafter, the matter was carried out to the Supreme Court by SLP and the same was dismissed. Subsequently, the government issued G.O.Rt.No.405, MA & UD, dated 30.03.2012 and consequently proceedings were issued by the respondents vide Proc.Roc.No.7691/2012-M2, dated 25.04.2012. Basing on all these aspects, the petitioners are also entitled for the periodical increments HRA and CCA. So, the petitioners submitted a representation to the respondent No.4 on 26.10.2012 requesting to address a letter to the respondent No.1 to sanction HRA and annual grade increments from the date of sanctioning time scale vide 4 W.P.(AT).No.2013 of 2021 G.O.Ms.No.267, I & CAD (Ser.V), dated 14.10.2009 and also to pay arrears by extending benefit of further pay revision from time to time. In turn, the respondent No.4 addressed a letter to the respondent No.1 on 31.10.2012. But till date, no order has been passed by the respondents. The High Court of Andhra Pradesh, in W.P.No.26788 of 2017 by an order dated 10.08.2017 in the case of Kavali Municipality, held that the petitioners therein are entitled to increments from the date of payment of minimum time scale and also revision of the pay scale. The present petitioners are also claiming similar benefit. The petitioners submitted another representation dated 27.07.2018 to the respondent No.4 seeking the same relief, but no order has been passed. Hence this writ petition was filed. 03. The petition was originally filed before the Andhra Pradesh Administrative Tribunal at Hyderabad as O.A.No.1670 of 2018. Later, it was transferred to this High Court after bifurcation and renumbered as W.P.(AT).No.2013 of 2021. 04. The respondent No.1 filed counter opposing the petition stating briefly as follows: The appointments of the petitioners as stated in the petition are admitted. It is not feasible to extend the benefit on par with the similar category of employees working in Municipalities and Greater Vishakhapatnam Municipal Corporation, to the NMR / Job typists / HR / FT / PT workers who are working under work charged establishment, Water Resources Department as their services are taken under daily wage equivalent to (basic+D.A.) without any other allowance as per revised pay scales from time to time and they agreed such terms and conditions. F.R.26 relates to sanctioning annual grade increments after 5 W.P.(AT).No.2013 of 2021 completion of 12 months period who are being appointed under regular course, but not for the petitioners who are not regular employees. The several representations of the petitioners were examined and G.O.Ms.No.142 Fin(HR-I Plg. & Policy) Department, dated 27.08.2018 was passed, which reads as follows: “…for those already drawing Minimum Pay + DA in the RPS 2010 in the state to extend the minimum Pay+DA in the RPS 2015. 2. for those coming into this scheme for the first time like the part time employees who were appointed prior to 25.11.1993 vide G.O.Ms.No.212, dated 22.4.1994 (copy enclosed) and working in the various Government Departments in the state to extend Minimum pay of RPS 2015 as per Hon'ble Supreme Court Judgment in Civil Appeal No.213 of 2013 dated 26th October 2016. Accordingly that all the applicants are allowed Minimum time scale of pay + DA as per RPS of 2015 without further delay as per G.O.Rt.No.683, W.R.(Ser.IV) Department, dated 04.11.2015(copy enclosed) Further, after thoroughly examining appeals of the applicants proposal submitted duly explaining the grievances for extension of annual grade increment and HRA is rejected vide Govt.Memo.No.25605/Ser. V/2012-1 (copy enclosed).….” Further the appeals of the petitioners were examined and only (annual pay+ D.A.) in the minimum time scale pay of 2015 was recommended vide G.O.Rt.No.683, dated 04.11.2015, Water Resources Department. The request for granting relief on par with Kavali Municipality would not be accepted. As per the interim directions 6 W.P.(AT).No.2013 of 2021 of the tribunal dated 20.08.2018, the representations of the petitioners dated 27.07.2018 were disposed of. Therefore, the respondent No.4 instructed the circle heads i.e., Superintendent Engineers to dispose of the petitioners‟ applications. It is prayed to vacate the interim orders dated 20.08.2018 and dismiss the O.A. 05. The learned counsel for the petitioner submitted that in W.P.No.26788 of 2017, dated 10.08.2017, this High Court directed the respondents payment of „pay‟ with „incremental pay‟ from time to time in the minimum time scale without the other allowances which a regular employee is entitled and basing on the same, W.P.No.35239 of 2018 was disposed by the division bench of this High Court on 02.12.2019 and therefore, similar relief may be granted to the present petitioners also. 06. Ms.C.Indrani, learned Assistant Government Pleader for Services-II submitted that as per the interim order of the tribunal, since a speaking order was passed rejecting the claim of the petitioners, they are not entitled to relief without challenging the speaking order. She further submitted that if the petitioners are paid „incremental pay‟ also there would be no difference between a regular employee and daily wage earner. 07. As can be seen from the orders above referred, it is stated in the order dated 10.08.2017 in W.P.No.26788 of 2017 that though petitioners are entitled to all the arrears, keeping in view the fact that they have approached the tribunal only in the year 2013 and also in the public interest, the Court restricted the said benefit only from the date of filing of the said O.A. and accordingly allowed the same to the extent indicated in the order. The respondents were directed to revise the 7 W.P.(AT).No.2013 of 2021 minimum time scale of pay of the petitioners by adding annual grade increments as and when they fell due from time to time. Basing on the said order W.P.No.35239 of 2018 was allowed. 08. As the above said orders are squarely applicable to the case in hand, this writ petition is allowed and the respondents are directed to pay the petitioners minimum time scale pay with incremental benefit from time to time since the date of filing of the original petition in O.A.No.1670 of 2018 before the tribunal. There shall be no order as to costs. Interim orders granted earlier, if any, shall stand vacated. Pending miscellaneous applications, if any, shall stand closed. ________________________ JUSTICE B.S.BHANUMATHI Date: 16.04.2025 NSM 8 W.P.(AT).No.2013 of 2021 75 HON’BLE Ms. JUSTICE B.S.BHANUMATHI Writ Petition Transfered from APAT No: 2013 of 2021 Date: 16.04.2025 NSM