✦ High Court of India · 01 Apr 2025

High Court · 2025

Case Details High Court of India · 01 Apr 2025
Court
High Court of India
Decided
01 Apr 2025
Bench
Not available
Length
1,133 words

Acts & Sections

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 appropriate writ, order or direction more particularly one in the nature of nature of Writ of Mandamus declaring the action of the respondent no.2 in not conducting the hearings and not passing order in Appeal d1.06.12.2024 _challenging the orders dt.19.11.2024 passed in Memo No.1854/EsII/RARSMGL/2024 by the 3rd respondent herein to refix the payoff the petitioner at Rs. 1475l- in the time scale of pay Rs.1 3751 of the revised pay scales 1993 in the post of Agriculture Work Man and to further refix his pay in the subsequent revised pay scales, '1999, 2005,2010,2015,2020 is illegal, arbitrary and violation of principles of natural justice and article '14 and 21 of Constitution lndia and contrary to the Rutes under the GO.(p). No.l62 rin and plg (FW pC.l) Dept, dt 20.05 1993 l.A.NO:1 OF 2025 Petition Under Section '1 51 CpC praying that in the ,:ircumstances stated in the affidavit filed in support of the petition, the High Court may be pleqsed to direct the respondent no.2 to conduct the hearings and pass order in Appeal dl 06 12 2024 filed cy the petilioner, Pending disposal of the above writ petition. Counsel for the Petitioner : SMT MOGILI ANAVENI Counsel for the Respondent No.1: GP FOR AGRICULTURE Counsel for the Respondent Nos.2 & 3 : SRI VEDA VIKAS MUDIRAJ The Court made the following ORDER THE IION'BLE SRI JUSTICE NAMAVARAPU RAJESIIWAR RAO WRIT PETITIOI{ No.9523 of 2025 ORDER: This Writ Petition is filed by the petitioner seeking the following relief: "... to issue a Wil or order or dvection, nore perttutlerlA e Wit of Mandamus declaing the actto^ oJ ttle respot(lent ro 2 in not cond.ucting tl@ lgaings o\d not passinll or.ler n ,\ppeql dated. 06.12.2024 challenqing the or<7ers dated 19.11.2024 po-ssed in Memo No.1854/ Dstt/ RARS/ WGL/ 2024 bA the 3rd respotuTent herein to reftx the pauofI llrc. petttioier tzt Rs 147.5/ tn Lhe time scde of paA Rs 1375/ ol the reuised pag scales t9g3 in the posl of Agnculture Work Man an l to lurther re.ftr h* pag in the subsequent reuLsed pog scales 1999, 2OO5, 2OlA, 2015, 2O2O is legd orbitrary and utolation o-f pnrr)ples of rtotural jltstice and artrcle 14 and 21 of Cortstitutiort India atld contraty to lhe l?ules under the GO. (P). No.l62 l;irt and PIg (t-W. PC.| Dept dated 2O.O5. 1993 aru) pa^ss such other order etc..."

2. Heard Smt. M.Anaveni, learned counsel appearing for the petitioner, learned Government Pleader for Agriculture appearing for respondent No. I and Mr. Veda Vikas Mudiraj Uppani, learned Standing Counsel appearing for respondent Nos.2 and 3. perused the material on record.

3. The present writ petition is flrled by the pe titioner aggrieved by the improper fixation of pay and the consequent denial of benefits under the Revised Pay Scales, 1993 and subsequent pay revisions. The petitioner claims that the pay was initially hxed at Rs. 1375/- as on 01.01.1993, instead of Rs. 1475/-, thereby adversely affecting the payment by Rs. lOO/- every month and the same was carried over to Revised Pay Scales, 1993 and also in subsequent Revised Pay Scales 2 \. -, -- .1 i.e., 19c)9, 2OC.5, 2O1O, 2015, 2O2O. As a result, t)re pay fixation in - the subscquen t revrsed pay scales was not correctly clone.

4. lrarncd counsel for the petitioner submits t]rat the petitioner rvas appoinle<l as an Agriculture Work Man in the Regional Agricultr-rre llesetrrch Station, Warangal, ()n l6.IO.Dq2. Subse<1ur:ntly. lre \r'as promoLed to the post of Agri<rr_rlture Extension Officcr <rn 16.)O.2O21 In the course of his servir:t:, the petitioner came to knou' on 15.11.2021 that his pay had been improperly hxed at Rs.1375/- as o1 01.01.1993, instead of Rs.14757_ and have been drar.r'rng an zrmount of Rs, 10O/ - less every month, vr.hich continued for ser,,eral r.e ,rrs, ultimate ly affecting his pay fi-xation in the subsequcnl relrsed pay scales. It is lurther submi ed that as per G.O.(P) No. 162. Finance ancl Planning (F.W.p.C.l) Dt:partment, dated

20.05.I993, rhc petitioner is entitled to a pay of IRs.1475/_ as on

01.O1.1993, rvirh :nonetarv benefits from Ol .O4.lgg3. in accordance with thc Reviser' Pav Scales, 1993, and the subsequent revisions.

5. Learned i ounsel for the petitioner further submits that the petitioner has nrade representation on 19. I 7.2024 tct the authorities seeking to roctif.,. the pay fixation in accordance with the Revised pay Scales, 1993, :rnd subsequcnt revisions. Dt:spitr: receiving the same. thc re spondent authorities did not ilot upon his 'l'hi petitior-rer's representation u.a:; rejected by requcst. 3 respondent No.3 on the same day i.e., on 19.11.2024 vide Memo No. 1854/Estt/RARS/WGL /2024. Aggneved by rhe rejection orders, the pe titioner preferred an Appeal before respondent No.2 on still pending. Therefore, the petitioner 06.12.2024, which IS approached this Court seeking to direct respondent No.2 to dispose of the pending appeal. Hence, the present writ petition.

6. Having considered the submissions made by the learned counsel for the petitioner and without going into the merits of the case, directing respondent No.2 to dispose of the appeal within a period of eight (O8) weeks from the date of receipt of a copy of this order. 7 With the above direction, the Writ petition is disposed of No order as to costs. As a sequel, miscellaneous applications pending, if any, in this, Writ Petition, shall stand closed. //TRUE COPY// SD/-N. gRIHARI DEPUW REdISTRAR \ SECTION OFFICER The Principal Secretary, Agriculture, Department' State of Telangana at Hyderabad. ii" n"gltr"r, Professor Jayashnaker, Telangana Agriculture University' at Rajendra Nagar, HYderabad. i;;A;.;""6 Direttor of Research, Regional Agriculture Research Station' Warangal. to GP FoR AGRIcuLTURE, High court for the state of relangana i;t6; at Hyderabad. [OUT] on" cc to SMt Mo-GlLl ANAVENI' Advocate [oPUC] On. CC" to SRI VEDA VIKAS MUDIRAJ, Advocate (OPUC) Two CD CoPies 1 2 ? 4 5 7 To SA BS t! rS- 1 HE SI^ ( ){1 1i fii,fi ffi i! 7 t). a. , -;i Cr. HIGH COURT DATED:01 t0412025 ORDER WP.No.9623 ot 2025 DISPOSING OF THE W.P WITHOUT COSTS. \ \4 t\ $

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