S.Ramakrishna v. '1 . State of Telangana

Petition Under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an order, direction particularly one in the nature of writ of mandamus or any other appropriate writ (i) declare the action of the respondents in not fixing the pay of the petitioner on par with his junior as illegal, arbitrary and unjust (ii) and consequently direct the respondents to consider the case of the petitioner in pursuance to proceedings of the 2nd respondent in N-0.0 (CGM- HRD) Ms. No. 149 dated 05.08.2015. |.A.NO:1 OF 201 6(WPMP.NO :15635 OF 2016) Petition Under Section 151 cpc praying that in the ( rcumstances stated in the affidavit filed in support of the petition, the High cc,r rt may be pleased to direct the Respondents to fix the pay of the petitioner or rar with his Junior sr A.Ravinder. Counsel for the Petitioner : SRI B.SHIVA KUMAR Counsel for the Respondents : SRI A.CHANDRA SHAKER LEARNED STANDING COUNSEL FOR NPDCL The Court made the following ORDER l THE HON'BLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO WRIT PETITION No.12481 oF 2016 ORDER: This Writ Petition is filed seeking the following relief: "...to issue an order, direction particularly one in the nature of writ of mandamus or any other appropriate writ (i) declare the action of the respondents in not fixing the pay of the petitioner on par with his junior as illegal, arbitrary and unjust; (ii) and consequently direct the respondents to consider the case of the petitioner in pursuance to proceedings of the 2nd respondent in N.0.0. (CGM-HRD) Ms.No.149 dated 05.08.2015 (iii) and pass such other order or orders may deem fit and proper in the circumstances of the case. "

2. Heard Sri B. Shiva Kumar, learned counsel for the petitioner and Sri A. Chandra Shaker, learned Standing Counsel for NPDCL, appearing for the respondents. Perused the material on record.

3. Brief facts of the case are that the petitioner was appointed as Helper (Trainee) on 13.04.1993, promoted to Assistant Lineman on

17.03.1997, Lineman on 16.07.2002, and Line Inspector in 2014. Despite these promotions, the petitioner has been receiving less pay than juniors like Sri Ch. Vidyasagar and Sri A. Ravinder, which the petitioner contends is illegal. The petitioner made several I t _-l :-. _.__-l 2 representations dated 06.O4.ZOlt and 23.O3.i)t3, but the grievance remains unresorved despite directives rom the Chief General Manager (HRD) dated 16.07.2014 and gov€ -nment orders, including G.O.O.No.30/tS (per)/2011 dated 20.At.2}tt, N.O.O. (CGM-HRD) Ms.No.611 dated 06.03.2013, and N.:.O.(CGM_HRD) Ms.No.149 dated 05.08.2015, permitting one_tin r pay fixation representa tion s. Hence, the present Writ petition.

4. Learned counser for the petitioner brought to ttr r notice of this Court the proceedings rzrde N.O.O.(CGM-HRD) M-.. !o.149 dated 05.08.2015 and submits that appropriate orders be rassed in this Writ Petition by directing the respondents to :onsider the representations dated 06.04_2011 and 23.03.2013 I accordance with the said proceedings.

5. Counter affidavit has been filed by respondent ,1o.3 and the relevant portion of the said counter affidavit is extract,l r hereunder: "For the reasons cited, the rectification of pay anomaly in respect of the petitioner employee was not considered on par with his juniors as pe the clarification received vide Memo.No.CGM( _ CD)/ GM(S)/AS(Estt)/po-A/sB_1/A2/12_5/ Dt. 16.07. .014 and further ctarification issued vide l\t,,mo. No. CGM(HRD)/GM(S)/As(Estt)/po_A/7s6_Ar/15/ Dt.10.03.2015 where in it was stated that ,,Antt,taly arising on account of pay fixation and promol, tnal / I 1 3 pay fixation only can be considered. But anomaly arising due to sanction of notional increments cannot be taken up. "Hence the anomaly arisen due to sanction of notional increments could not be considered, Thus, there are no further orders as to the fixation of pay of the seniors on par with juniors to them." \ t

6. Learned counsel for the petitioner further submits that since the petitioner was also a trainee, he is eligible for the relief sought.

7. Learned Standing Counsel for NPDCL submits that the Writ Petition could be disposed of by directing the petitioner to make a fresh representation to the respondents and the respondents would consider the same in accordance with law within a reasonable time.

8. Taking into consideration the submissions made by the learned counsel for the respective parties, without expressing any opinion on the merits of the case, this Writ Petition is disposed of with a direction to the petitioner to make a fresh representation, enclosing copies of all earlier represen tation s, to the respondents within a period of four (4) weeks from the date of receipt of a copy of this order. Upon receipt of such representation, the respondents are directed to consider the same strictly in accordance with law and in the light of the proceedings of respondent No.2 in N.O.O.(CGM-HRD) Ms.No.149 dated 05.08.2015, and pass ,/ ./ 4 appropriate orders thereon within a period of ei lht (B) weeks thereafter. There shall be no order as to costs. As a sequel, miscellaneous applications pendin!, if any, in this Writ Petition, shall stand closed. //TRUE COPY// ASs S F D/- B. REKHA RANI TANT REGISTRAR t\srcrtoN oFFrcER , I The Principal Secretary, Energy Department, Telan!,grr, Secretariat State of Telangana at Hyderabid. J!,"__C-h"lrTql &l{ulgglng Director, Northern power f i (ribution Company of .l_elangana Ltd., 2-5-31 12, Vidyuth Bhavan, Nakkalagut.r Hanamkonda, Warangal District 506001. The Chief 9ul"iq] Manager (HRD), Northern power D s ribution Company of Telangana Ltd., Vidyuth Bhavan, Warangal. The Superintending Engrneer (OperationJ Northern, pov er Distribution !.omp91V of Telangana Ltd., Waiangat. The Divisional Engineer (operation)-Northern power, Di tribution company of Telangana Ltd., Waranqal. One CC to SRI B.SHtVA KUA/AR, Advocate IOPUCI ONE CC tO SRI A.CHANDRA SHAKER, LEARNED STT. IOII.IC COUNSEL FOR NPDCL. Advocate tOpUCl Two CD Copies To 1 2 3 4 5 o 7 8 SA GJP HIGH COURT DATED:1 810812025 ORDER WP.No.12481 of 2016 /. 1r t': i1l5 DISPOSING OF THE W.P WITHOUT COSTS. MMT ,ilI;;