G.MuraliKrishna v. buildings Department, Secretariat Hyderabad'

Petition Under Article 226 of the constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleasedtoissueawritorderordirectionespeciallyoneinthenatureofwritof mandamusdeclaringthata)theactionoftheRespondentsinnotincreasing/ enhancing the salary of the petitioner on par with his juniors and in terms of orders issued in G.O.Rt'No.B70 dt, 14-11-2024 is illegal' arbitrary and discriminatory violating article 14' 16,21 & 300-4 of the Constitution of lndia. b) further declare that the Respondents shall forthwith enhance / increase the salary of the Petitioner in terms of G.O.R.tNo B70, dl' 14-11-2024' I.A.N O:1 OF 2025 PetitionUnderSectionl5,lCPCprayingthatinthecircumstancesstatedin the affidavit filed in support of the petition, the High Court may be pleased 'to direct the respondents to consider and pass appropriate orders on representation of the Petitioner for enhancing the salary of the petitioner in terms of regularisation orders rssued to him vide G.O.Rt.No.870 dt. 14-11-2024, pending disposal of the writ petition. Counsel for the Petitioner : SRI SRINIVASA RAO MADIRAJU Counsel for the Respondents : GP FOR ROADS AND BUILDINGS The Court made the following ORDER THE HON'BLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO WRIT PETITION No.335 1 of 2025 gBDER: This writ petition is fiied seeking the following relief: '.....to issue a uit, order or direction especially one in the nature of utrit of mondamus declaing that (a) the action of tte respondents in not increasing/ enhancing the salary of the petitioner on par rttith his juniors and in terms of orders issued in C O'Rt'No'87O' dt'14'11'2024 is iltegat, arbitrary and dbciminatory uiolating Articles 14, 16, 21 and 300'A of the Constitution of India (b) further declare that the respondents shall fortfuaith enhonce/ increase the salary of the petitionet in terms of G'O'RI'No'87O' dated 14. 1 1 .2024. -. ."

2. Heard Sri Srinivasa Rao Madiraju' learned counsel appearing for the petitioner and the learned Government Plearier appearing for the respondents' Learned counsel appea'ring for the petitioner submits 3. that the petitioner was appointed as a Gangmen on NMR basis w.e.f. 01.04.1987 by the Deputy Executive Engineer, l R & B Sub Division, Penuballi, Khammam District, with the permission of the Executive Engineer, R & B Division, Khammam. Though the petitioner is working continuously, his services u'ere not regularized and the services of his juniors were regularized. Aggrieved thereby, the petitioner has approached the Assistant Commissioner of Labour, Khammam, seeking regularization of his services. While the conciliation proceedings are pending, the respondents have termitrated the petitioner from service. Aggrieved thereby,. the petitioner has approached the Industrial Tribunal-cum Labour Court at Warangal, (for short .the Labour Court') by filing I.D.Nos.SS of 1995 and 92 of 1995.

4. Learned counsel appearing for the petitioner further submits that the Labour Court disposed of both the IDs. on

17.O2.2AOO b-r' setting aside the oral terminatior-r order of the petitioner dated 0 i.08. 1994 and directecl the respondents to reinstate the petitioner into service as Gangmen t,ith continuity of service and back wages. The respondents clid not implement the order passed by the j Labour Court and they have filed W'P'Nos '17610 of 2000 and 77712 of 2OO0 challenging the a"r'ard dated 17.O2.2OOO passed in I.D.Nos'85 of 1995 and 92 of 1995' This Court in W.P.No.177l2 of 2OOO dated 26'06'2012 modified the award to the extent of full Sack wages by awarding 50% of the back wages' This Court partly aliowed W.P.No.1761O of 2OO0 on 23'09'2011 directing the respondents to regularize the service of the petitioner on par with his juniors and such regularization would not entail any monetary benehts til1 the date of reinstatement as he did not render service prior thereto o."ving to his termination from service.

5. Learned counsel for the petitioner further submits that instead of regularizing the services of the petitioner from the date of regularizing the services of his juniors' the Government accorded permission vide G'O'Rt'No'635' d.ated, O2.O7 .2013 reguiar iziog the services of the petitioner against roster point No.67, OC under last grade service with prospective effect. Thereafter, the 2"d respondent / t I issued proc eedings dated 1O.O7.2013 appointing the petitioner as Of{ice Subordinate under roster point No.67 (OC) and posted at R & B Sub Division, Madhira and the petltloner uas appointed in the said post and that the probation of the petitioner was also declared vide proceedings dated 09. 11.2A17.

6. Learnt:d counsel for the petitioner further submits that in ternrs of the order dated 23.09.2011 passed by this Court in W.P.No.I7610 of 20O0, the respondents ought to have reguiarrzed the services of the petitioner from the date of regulanzing the services of his juniors. One Sri R.Swamy, Sri M.Manga and Sri G.Venkatesu,ara Rao were also appoir-rted as NMR Gang Mazdoors subsequent to the appointment of the petitioner and their services were regularizecl vide proceedings dated 29.11.1991. Aggrieved thereby, ttre petitioner has filed the present writ petition.

7. Learned counsel for the petitioner submits that appropriate orders be passed in the writ petition directing 5 the respondents to enhance the sala4r of the petitioner on par with his juniors in terms of G.O.Rt.No'870, dated 14 .1 I .2024 . B. Learned Government Pleader appearing for the respondents obtained rvritten instructibns, wherein it is stated as follows :- The indiuidual has submitted an application for allotment of GPF account number on 09.12.2024 through the DEE (R&B) Khammam uide Lr.No.DEE/R&b/KMM/2024'25/385' doted 09.12.2024 and the same uas transmitted to the Distict Treasury Office uide EE (R&B) Khammam Letter No.ECII/2024'25/ 1447, dated O7.O1.2025 for allotment of Class N GPF account number. Further, it is submitted that consequent to his reqularization, basic pog ond scale of pay uthich are admissible to him u.t.e.f. date of regulorization are canied out and a statement ftxing the pay of the indiuidual in releuant PRCs is hereuith enclosed- Further, from u-thich date the monetdry benefits are aclmissible to the indiuidual is complg with the Gouernment. Soon after the receipt th'e instructions from the gouernment, the pay faation proceedings I I I o enhancing the pag and scale of paA of the indiuiduol, will be issued. " g. In view oi the above written instructions of the learned Government Pieader appearing for respondents, the respondents are directed to consider the case of the petitioner with regard to fixation of pay by enhancing the pay scale and pass appropriate orders in accordance rvith lau,, '"r,ithin a period of six months from the date of receipt of a copy of this order.

10. Accordingl-v, the writ petition is disposed of. No order as to co sts. Per-rding rniscellaneous petitions, if any, shal1 stand closed 'Bft511'S'IS\3'"-=JJ / //TRUE COPYI/ SE.CTION OFFICER To 1

2. 3. 4. 6 sA- BSb n::t;*t+j.t*t*[t':lx*lmr'ut,::,::,:::: iliut e * t';,'nm'f llt'oo' *o., u' Advocate ro P u cr Two CD CoPies -,.j.:1 HIGH COURT DATED:1A103,t2025 ORDER WP.No.3351 of 2025 DISPOSING OF THE W.P WITHOUT COSTS. 3oq' ?w I I i Iil4 I I t-) ) 'o ? 7 l{AB 2U5 2- C) ) * r) s PAT C *