P a g e | 1 APHC010035352023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY, THE 22nd DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE SRI JUSTICE BALAJI MEDAMALLI WRIT PETITION NO: 2558 OF 2023 Between: 1. B. Sekhar, S/o.Veeranna, Aged about 44 years, Occ- Sweeper, R/o- 41- 633, Kothapeta, Kurnool, Andhra Pradesh. ...Petitioner AND 1. The State of Andhra Pradesh, Rep by its Principal Secretary, State Taxes Department Secretariat, Velagapudi, Guntur District. 2. The Chief Commissioner, State Taxes, Vijayawada, 3. The Joint Commissioner S T, Kurnool Nodal Division, Kurnool, Andhra Pradesh. 4. The Assistant Commissioner S T, II Circle, Kurnool, Andhra Pradesh ...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, declaring the action of the respondents in not granting the minimum of the time scale attached to the lowest post in the last grade Service in the office of 4th respondent despite the petitioner is working since 01.05.1997 as sweeper and granting similar benefits to other similar situated persons vide G.O.Ms.No.56 Revenue (C.T.I) Department dated 05.03.2021, G.O.Ms.No.239 Revenue (C.T.I) Department dated 12.04.2022 and without following the law laid down by this Hon'ble Court in WP.37159 of 2018 dated 19.11.2018. P a g e | 2 WP.No.11522 of 2018 dated 12.04.2018 and not considering representations dated 16.07.2022, 21.06.2021, 09.07.2020, 04.11.2019, 24.06.2919, 25.03.2014 is illegal, arbitrary, violation of violation of fundamental rights guaranteed under Art.14, 16, 19(g), 21 and 23 of Constitution of India, consequently direct the respondents to grant minimum of the time scale attached to the lowest post in the last grade Service in the office of 4th respondent and pass IA NO: 1 OF 2023 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 consider the representation dated. 16.07.2022 in view of Judgments WP.37159 of 2018 dated 19.11.2018, WP.No.11522 of 2018 dated 12.04.2018 and G.O.Ms.No.56 Revenue (C.T.I) Department dated 05.03.2021, G.O.Ms.No.239 Revenue (C.T.I) Department dated 12.04.2022 pending disposal of the main writ petition within two weeks and pass 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 receive counter affidavit on record by allowing the leave petition in the above writ petition in the interest of justice and to pass IA NO: 1 OF 2026 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 grant leave to the Petitioners to file the Reply Affidavit in the above WP No.2558 of 2023 and pass Counsel for the Petitioner: THANDAVA YOGESH Counsel for the Respondents: GP FOR SERVICES I The Court made the following order: P a g e | 3 THE HONOURABLE SRI JUSTICE BALAJI MEDAMALLI WRIT PETITION NO: 2558 OF 2023 ORDER: 1. This Writ Petition is filed seeking a declaration that the action of respondents in not extending to petitioner the benefit of the minimum of the time scale of pay attached to the lowest post in the Last Grade Service, despite petitioner having been continuously working as a Sweeper since 01.05.1997, while extending such benefit to similarly situated persons pursuant to G.O.Ms.No.56, Revenue (CT.I) Department, dated 05.03.2021, and G.O.Ms.No.239, Revenue (CT.I) Department, dated 12.04.2022, as illegal and arbitrary. Petitioner also seeks a consequential direction to the respondents to consider his representations dated 25.03.2014, 24.06.2019, 04.11.2019, 09.07.2020, 21.06.2021 and 16.07.2022, in light of the orders passed by this Court in W.P.Nos.37159 and 11522 of 2018 and W.P.No.19163 of 2019. 2. Case of the petitioner, in brief, is that he has been working as a Sweeper from 01.05.1997 in the office of the Commercial Tax Officer-II Circle, Kurnool, which was subsequently redesignated as the Office of the Assistant Commissioner (ST), No.II Circle, Kurnool, with effect from 01.07.2017. Though he has been discharging his duties for several years, he was subsequently treated as outsourced employee. He claims that, having regard to the length of his service and the benefit extended to similarly situated persons under the aforesaid Government Orders, his case is also liable to be considered for grant of the minimum of the time scale of pay attached to the post of Attender, stated to be the lowest post in the Last Grade Service. P a g e | 4 3. Petitioner also states that he has submitted several representations to the respondent authorities seeking extension of the aforesaid benefit. He has also relied upon the orders passed by this Court in W.P.Nos.37159 and 11522 of 2018 and W.P.No.19163 of 2019, wherein, similarly situated employees were extended the benefit of the minimum of the time scale of pay. His grievance is that, notwithstanding the said representations, respondents have not passed any order on his claim. 4. Respondents filed their counter-affidavit contending that, from the year 2004 onwards, petitioner was treated as an outsourced employee and, therefore, his case was not considered for grant of the minimum of the time scale of pay. It is further contended that petitioner was paid remuneration only up to the year 2004 and thereafter was engaged as a Sweeper on need basis, for which remuneration on daily-wage basis was met by the concerned officers from their own funds. 5. Heard Sri G.M. Reddy, learned counsel appearing for petitioner, and Sri S.Sharat Kumar, learned Government Pleader appearing for respondents. 6. The material on record shows that petitioner has been approaching the respondent authorities from time to time seeking consideration of his claim for grant of the minimum of the time scale of pay. Respondents, while disputing the petitioner's claim on the ground that his services were treated as outsourced/need-based from the year 2004 onwards, have not placed on record any order disposing of the representations submitted by petitioner with reference to the Government Orders and the orders of this Court relied upon by him. P a g e | 5 7. In the circumstances, without expressing any opinion on the merits of petitioner's claim or his entitlement to the benefit sought, the competent authority is directed to consider petitioner's representations dated 25.03.2014, 24.06.2019, 04.11.2019, 09.07.2020, 21.06.2021 and 16.07.2022, in accordance with law. While considering the same, the competent authority shall take into consideration G.O.Ms.No.56, Revenue (CT.I) Department, dated 05.03.2021, G.O.Ms.No.239, Revenue (CT.I) Department, dated 12.04.2022, and the orders passed by this Court in W.P.Nos.37159 and 11522 of 2018 and W.P.No.19163 of 2019, insofar as they are applicable to the petitioner's case. 8. The competent authority shall pass a reasoned and speaking order on the petitioner's claim within a period of three (3) months from the date of receipt of a copy of this order. It is made clear that the authority shall independently consider the petitioner's claim on its own merits and in accordance with the applicable rules and Government Orders. 9. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. Interim orders, if any, granted earlier shall stand vacated, and all pending miscellaneous petitions, if any, shall stand closed. __________________________ JUSTICE BALAJI MEDAMALLI Date: 22.09.2026 SAK P a g e | 6 87 THE HONOURABLE SRI JUSTICE BALAJI MEDAMALLI WRIT PETITION NO: 2558 OF 2023 Date: 22.09.2026 SAK