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2025 DAILYLAW 36036 (AP)

K RAJASEKHAR v. THE STATE OF AP

WP/30540/2024 · 2025-08-31

Nyapathy Vijay

body2025

Judgment text

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APHC010583832024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY,THE FIRST DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 30540 OF 2024 V,'-" Between: 1. K. Rajasekhar, S/o. K. Madhava Rao, Age. 59 years, Occ. Work Inspector Gr-lll, O/o. R and B Sub Division , SPSR Nellore District. ARr^ 2. V.Venk^aiah, S/o. V. Kotaiah, Age. 58 years, Occ. Work Inspector Gr-lll O/o. R and B Sub Division, SPSR Nellore District. AP. 3. G. Surekh Babu, S/o. Srinivasulu, Age. 54 years, Occ. Work Inspector Gr ill O/o. R and B Sub Division , Kavali SPSR Nellore District. AP.'^ 4. I. Venk^teswarlu, S/o. Tirupathaiah, Age. 47 years, Occ. Work Inspector Gr-lll O/o. R and B Sub Division, Kavali SPSR Nellore District. AP. 5. Kurapati Venkata Satyanarayana Rao, S/o. K.Raja Gopal, Age.62 years, Occ. Work Inspector Gr-lll, ( Retired ) O/o. R and B Sub Division, Kovur , SPSR Nellore District. AP. ...Petitioners AND 1. The State of Andhra Pradesh, Rep. by its PrI. Secretary, Transport,^^ads and Buildings Department Secretariat Building Velgapudi, Guntur District. 2. The Engine^er -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. 3. The Superintending Engineer R and B, Nellore Circle, SP"'^ Nellore District. ...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 the similarly situated employees vide G.O.Rt.No. 551,1 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-ll) Dept dated. 18-2-2020 and recent orders vide Memo No. 1112541 - SOSERR(ESR) /8/2020-SER-RB dated. 18-8-2023 of the respondent and consequential Memo 5168/Se.lV (2) / NEW COMMON CATEGORY SCALES /2023, dated.4-9-2023 of the 2nd respondent 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 not party to the above of cases and they are not obtained any favorable orders like others from any of the competent court is 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. as (B) and consequently to direct the respondents to extent the benefit to the petitioner which was extended to the similarly situated in GO.Rt No. 551. I and CAD (Estt.2) Dept dated 6-8-2004 GO.Rt No. 361 PR and RD (El) Dept dated . 10-5-2019 and orders issued in G.O.Rt. No. 116 PR and RD Development (E.ll) Dept dated. 18-2-2020. same persons 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 same benefit to the petitioners which was extended to the similarly situated persons in GO Rt No.551 I & m \ CAD (Estt.2) Dept, dated 6.8.2004 GO.Rt No. 361 PR &RD (E) Dept dated: 10-5-2019 and orders issued in GO Rt. No. 116 PR & RD Development (E.ll) Dept 18.02.2020. Counsel for the Petitioners: SRI VEERABHADRA RAO KOPPISETTIv-- Counsel for the Respondents: GP FOR ROADS AND BUILDINGS The Court made the following order: f APHC010583832024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] MONDAY, THE FIRST DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION N0:30540/2024 Between: 1.K RAJASEKHAR, S/O. K. MADHAVA RAO, AGE. 59 YEARS, OCC. WORK INSPECTOR GR-III, 0/0. R AND B SUB DIVISION, SPSR NELLORE DISTRICT. AP. 2.V.VENKATAIAH, S/0. V. KOTAIAH, AGE 58 YEARS, OCC. WORK INSPECTOR GR-III, 0/0. R AND B SUB DIVISION, SPSR NELLORE DISTRICT. AP. 3.G. SURESH BABU„ S/0. SRINIVASULU AGE. 54 YEARS, OCC. WORK INSPECTOR GR-III, 0/0. R AND B SUB DIVISION, KAVALI SPSR NELLORE DISTRICT. AP. 4.1. VENKATESWARLU, S/0. TIRUPATHAIAH, AGE 47 YEARS, OCC. WORK INSPECTOR GR-III, 0/0. R AND B SUB DIVISION, KAVALI SPSR NELLORE DISTRICT. AP. S/0. K.RAJA 5.KURAPATI VENKATA SATYANARAYANA RAO AGE 62 YEARS, OCC. WORK INSPECTOR GR-III, { GOPAL, RETIRED ) 0/0. R AND B SUB DIVISION, KOVUR , SPSR NELLORE DISTRICT. AP. ...PETITIONER(S) AND 1.THE STATE OF AP, REP. BY ITS PRL. SECRETARY, TRANSPORT, ROADS AND BUILDINGS DEPARTMENT SECRETARIAT BUILDING VELGAPUDI, GUNTUR DISTRICT. 2 2.THE ENGINEERINCHIEF, (R AND B) DEPT. ADMN. NH AND CRF, BANDAR ROAD, ROOM NO.501, 4TH FLOOR STATE HOD OFFICE BUILDINGS, MG ROAD, LABBIPET, DISTRICT. 3.THE SUPERINTENDING ENGINEER R AND B, NELLORE CIRCLE SPSR NELLORE DISTRICT. VIJAYAWADA, KRISHNA ...RESPONDENT(S): 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 the similarly situated employees 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-ll) Dept., dated. 18-2-2020 and recent orders vide Memo No.1112541-SOSERR(ESR)/8/2020-SER-RB dated. 18-8-2023 of the respondent and consequential Memo 5168/Se.lV (2)/NEW COMMON CATEGORY SCALES/2023, dated.04-09-2023 of the 2^^^ respondent in furtherance of orders of erstwhile Administrative Tribunal, including this Hon'ble Court in WP No. 1188/2020 dated 23-01-2020, on the sole ground that, the Petitioners herein not party to the above of 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 petitioner which extended to the similarly situated persons in GO.Rt.No.551. I and CAD (Estt.2) Dept dated 6-8-2004 GO.Rt.No.361 PR and RD (El) Dept., dated 10-05-2019 and orders issued in G.O.Rt.No.116, PR and RD Development (E.ll) Dept., dated. 18-2-2020 and pass such other order. was 3 iA 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 same benefit to the petitioners which was extended to the similarly situated persons in G.O.Rt.No.551 I & CAD (Estt.2) Dept, dated 06.08.2004 GO.Rt.No.361, PR &RD (E) Dept., dated 10-05-2019 and orders issued in GO Rt. No. 116, PR & RD Development (E.ll) Dept ., dated 18.02.2020 and to pass such other order. Counsel for the Petitioner(S): 1.VEERABHADRA RAO KOPPISETTI Counsel for the Respondent(S): 1.GP FOR SERVICES III The Court made the following: THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.3054Q of 2024 ORDER: This Writ Petition is file'd to declare the action of Respondents in not extending the benefit of revised pay scales to the Petitioners, which was extended to similar situated persons vide G.O.Rt.No.551, Irrigation & CAD (PW.Estt.2) Department, dated 06.08.2004 read with recent G.O.Rt.No.361, PR & RD (E1) Department, dated 10.05.2019, as illegal and arbitrary. 1. Heard Sri K. Veerabhadra Rao, learned counsel for the Petitioners and the learned Government Pleader for Services-ll appearing for the Respondents. 2. 3. The learned counsel for the Petitioners submits that the Petitioners are entitled for the benefit of revision of pay scales by virtue of 'G.O.Rt.No.551, Irrigation & CAD (PW.Estt.2) Department, dated 06.08.2004 read with G.O.Rt.No.361 Panchayat Raj & Rural Development (E.1) Department, dated 10.05.2019, but said benefits are not being extended to the Petitioners. The counsel for the Petitioners relies upon the orders passed by this Court in W.P.Nos.639 of 2024 dated 20.08.2024, W.P.No.1188 of 2020, dated 23.01.2020 and W.P.No.1744 of 2020, dated 29.01.2020, which were said to have been implemented vide Memo No. 1112541 SOSERR (ESR)/8/2020-SER-RB, %r v.r ‘ 2 % dated 18.08.2023. The counsel for the Petitioners 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 it appropriate to dispose of the Writ following directions; 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 the same keeping in view the orders passed by this Court in W.P.No.639 of 2024, dated 20.08.2025, W.P.No.1188 of 2020, dated 23.01.2020 and W.P.No.1744 of 2020, dated 29.01.2020 and Memo No.1112541 SOSERR (ESR)/8/2020-SER-RB, Respondent No.1 and pass appropriate orders within a period of four (4) weeks thereon; dated 18.08.2023 issued by (iii) No order as to costs. 5. As a sequel, pending applications, if any, shall stand closed. SECTION OFFICER //TRUE COPY// To, 1. The Pri. Secretary, State of Andhra Pradesh, Transport Buildings Department Secretariat Building Velgapudi Roads and , Guntur District. 2. The Engineer -in^Chief, (R and B) Dept. Admn. NH and CRF, Bandar Road, Room No.Sfil, 4th Floor State HOD office Buildings, MG Road, Labbipet, Vijayawada, Krishna District. V- 3. The Superintending Engineer R and B, Nellore cYrcle, SPSR Nellore District. 4. One CC to SRI. VEERABHADRA RAO KOPPISETTI, Advocate [OPUC] 5. Two CCs to GP FOR ROADS AND BUILDINGS, High Court of Andhra Pradesh [OUT] 6. Two CD Copies NM f \ >4 HIGH COURT DATED:01/09/2025 ORDER WP NO. 30540 OF 2024 a " SEP 2025 rrentSectioox' <2 DISPOSING OF THE WP WITHOUT COSTS