APHC010191372024 IN THE HIGH COURT OF ANDHRA PRADESH THURSDAY,THE TWENTY SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY SIX THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 9760/2024 Between: 1. KHANDAVALLI VENKATESWARARAO,, S/O SUBBARAO, AGED ABOUT 60 YEARS, OCC ASSISTANT COMMISSIONER (ST), RAJAHMUNDRY CIRCLE, FLOOR, DANAVAIAHPETA, JETTI TOWERS, NEAR GANDHI PARK RAJAHMUNDRY, EAST GODAVARI DISTRICT. 2. REDDY RAMA MOHANA RAO,, S/O RAMARAO, AGED ABOUT 55 YEARS, OCC- CONTINGENT EMPLOYEE, O/O ASSISTANT COMMISSIONER (ST), ALCOT GARDENS, IVTH FLOOR, RAJAHMUNDRY, EAST GODAVARI DISTRICT. 3. NARAVA NOOKARAJU,, S/O SUBBARAO, AGED ABOUT 58 YEARS, OCC- CONTINGENT EMPLOYEE, O/O ASSISTANT COMMISSIONER (ST), D.NO. 10-355, CT COMPLEX, BESIDE STMT INDUSTRIES, RAMANAYYAPETA PITAPURAM ROAD, KAKINADA, KAKINADA DISTRICT. 4. KAVILI NAGA BABU,, S/O KAVILI NARASIMHA MURTHY, AGED ABOUT 56 YEARS, OCC ASSISTANT COMMISSIONER (ST), NEAR HEAD POST OFFICE AMALAPURAM, AMBEDKAR KONASEEMA DISTRICT. 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, REVENUE (COMMERCIAL TAXES) DEPARTMENT, SECRETARIAT BUILDINGS, IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY,THE TWENTY SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 9760/2024 KHANDAVALLI VENKATESWARARAO,, S/O SUBBARAO, AGED ABOUT 60 YEARS, OCC - CONTINGENT EMPLOYEE, O/O ASSISTANT COMMISSIONER (ST), RAJAHMUNDRY CIRCLE, FLOOR, DANAVAIAHPETA, JETTI TOWERS, NEAR GANDHI PARK RAJAHMUNDRY, EAST GODAVARI DISTRICT. REDDY RAMA MOHANA RAO,, S/O RAMARAO, AGED ABOUT 55 CONTINGENT EMPLOYEE, O/O ASSISTANT COMMISSIONER (ST), ALCOT GARDENS, IVTH FLOOR, RAJAHMUNDRY, EAST GODAVARI DISTRICT. NARAVA NOOKARAJU,, S/O SUBBARAO, AGED ABOUT 58 YEARS, GENT EMPLOYEE, O/O ASSISTANT COMMISSIONER 355, CT COMPLEX, BESIDE STMT INDUSTRIES, RAMANAYYAPETA PITAPURAM ROAD, KAKINADA, KAKINADA KAVILI NAGA BABU,, S/O KAVILI NARASIMHA MURTHY, AGED ABOUT 56 YEARS, OCC- CONTINGENT EMPLO ASSISTANT COMMISSIONER (ST), NEAR HEAD POST OFFICE AMALAPURAM, AMBEDKAR KONASEEMA DISTRICT. ...PETITIONER(S) AND THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, REVENUE (COMMERCIAL TAXES) DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI GUNTUR IN THE HIGH COURT OF ANDHRA PRADESH [3208] THURSDAY,THE TWENTY SECOND DAY OF JANUARY THE HONOURABLE SRI JUSTICE D RAMESH KHANDAVALLI VENKATESWARARAO,, S/O SUBBARAO, AGED CONTINGENT EMPLOYEE, O/O ASSISTANT COMMISSIONER (ST), RAJAHMUNDRY CIRCLE, FLOOR, DANAVAIAHPETA, JETTI TOWERS, NEAR GANDHI PARK REDDY RAMA MOHANA RAO,, S/O RAMARAO, AGED ABOUT 55 CONTINGENT EMPLOYEE, O/O ASSISTANT COMMISSIONER (ST), ALCOT GARDENS, IVTH FLOOR, NARAVA NOOKARAJU,, S/O SUBBARAO, AGED ABOUT 58 YEARS, GENT EMPLOYEE, O/O ASSISTANT COMMISSIONER 355, CT COMPLEX, BESIDE STMT INDUSTRIES, RAMANAYYAPETA PITAPURAM ROAD, KAKINADA, KAKINADA KAVILI NAGA BABU,, S/O KAVILI NARASIMHA MURTHY, AGED CONTINGENT EMPLOYEE, O/O ASSISTANT COMMISSIONER (ST), NEAR HEAD POST OFFICE ...PETITIONER(S) THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, REVENUE (COMMERCIAL TAXES) DEPARTMENT, VELAGAPUDI, AMARAVATHI GUNTUR 2 W.P.No.9760 of 2024 DISTRICT. 2. THE CHIEF COMMISSIONER OF STATE TAX, VIJAYAWADA, NTR DISTRICT. 3. THE JOINT COMMISSIONER OF STATE TAX, KAKINADA DIVISION, KAKINADA DISTRICT. 4. THE ASSISTANT COMMISSIONER ST, RAJAHMUNDRY TOWN CIRCLE, DANAVAIAHPETA, ZETTI TOWERS, NEAR GHANDHI PARK, RAJAHMUNDRY, EAST GODAVARI DISTRICT. 5. THE ASSISTANT COMMISSIONER ST, ALCOT GARDENS, IVTH FLOOR, RAJAHMUNDRY, EAST GODAVARI DISTRICT. 6. THE ASSISTANT COMMISSIONER ST, D.NO.10-355, CT COMPLEX, BESIDE STMT INDUSTRIES, RAMANAYYAPETA, PITAPURAM ROAD, KAKINADA, KAKINADA DISTRICT. 7. THE ASSISTANT COMMISSIONER ST, NEAR HEAD POST OFFICE, AMALAPURAM, AMBEDKAR KONASEEMA DISTRICT. ...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 tomay 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 extending the benefit of DA (Dareness Allowance) to the petitioners from the date of payment of minimum time scale i.e., 27-08-2018 which was extended to the similarly situated employees vide G.O.Ms.No.601, dt- 12-12-2017, G.O.Ms.No.56, Revenue (CT-1) Department dt- 05-03-2021 and G.O.Ms.No.239, dated-12-04-2022 same are issued in furtherance of orders of this Honble Court in WP.No.20900/2017, WP.No.37159/20 18 and WP.No.11522/2018, on the sole ground that, the petitioners herein are not party to the above cases and they are not obtained any favourable order 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 Article 14 and 21 of Constitution of India and consequently to direct the respondents to extend the same benefit of DA (Dareness Allowance) to the petitioners from the date of payment of minimum time scale i.e., 27-08-2018 which was extended to the other similarly situated persons vide 3 W.P.No.9760 of 2024 G.O.Ms.No.601, dt- 12-12-2017, G.O.Ms.No.56, Revenue (CT-1) Department dt- 05-03-2021 and G.O.Ms.No.239, dated- 12-04-2022 and to pass Counsel for the Petitioner(S): 1. EATHAKOTA VENKATA RAO Counsel for the Respondent(S): 1. GP FOR COMMERCIAL TAX 4 W.P.No.9760 of 2024 The Court made the following ORDER:- The writ petition is filed seeking the following relief: “…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 extending the benefit of DA (Dearness Allowance) to the petitioners from the date of payment of minimum time scale i.e., 27-08-2018 which was extended to the similarly situated employees vide G.O.Ms.No.601, dt- 12-12-2017, G.O.Ms.No.56, Revenue (CT-1) Department dt- 05-03- 2021 and G.O.Ms.No.239, dated-12-04-2022 same are issued in furtherance of orders of this Hon’ble Court in WP.No.20900/2017, WP.No.37159/2018 and WP.No.11522/2018, on the sole ground that, the petitioners herein are not party to the above cases and they are not obtained any favourable order like others from any of the competent court is as highly illegal, arbitrary, discriminatory and opposed to all principles of natural justice… 2. Heard learned counsel for the petitioners and learned Assistant Government Pleader appearing for respondents. 3. The contention of the petitioners is that initially some of the employees have approached the learned Administrative Tribunal by filing O.A.No.3186 of 2014, whereby the said O.A. was allowed directing the respondents to pay the minimum time scale along with Dearness Allowance (DA) and the same was confirmed by this Court in W.P.No.20900 of 2017. By following the same, several batch of writ petitions were disposed of by this Court on 19.11.2018. Implementing the said orders, the Government has issued G.O.Ms.No.56 dated 05.03.2021, whereby, the Government after examination of the entire 5 W.P.No.9760 of 2024 matter accorded the sanction of minimum wages equal to the minimum scale (Basis+DA) of class IV regular employees. As the petitioners were also identically situated in the orders passed by this Court in W.P.No.20900 of 2017, the petitioners are also entitled to the same benefit. 4. Considering the plea of the petitioners therein, the Division Bench of this Court in W.P.No.20900 of 2017 observed the following by confirming the order passed by the Tribunal. “Basing on the decision of Hon’ble Supreme Court of India in Secretary of State of Karnataka Vs Umadevi1, a Division Bench of this Court in the order dated 28th August 2014 in W.P.No.30530 2012 and batch, came to the conclusion that the persons, who are appointed as NMRs, are entitled to wages equal to salary at the lowest cadre of the employees of the cadre in the respective departments, and that, since they were only daily wage earners, there would be no question of other allowances being paid. 5. Considering the above observations, since the petitioners stand on the same footing, the present writ petition is disposed of with the above observations subject to the condition if they are entitled. As a sequel, miscellaneous petitions pending, if any, shall stand closed. _______________________ JUSTICE D.RAMESH Date: 22.01.2026 Dvs 1 (2006) 4 SCC 1 6 W.P.No.9760 of 2024 7 W.P.No.9760 of 2024 THE HONOURABLE SRI JUSTICE D.RAMESH 271 WRIT PETITION No.9760 of 2024 Dated: 22.01.2026 Dvs