✦ High Court of India · 21 Apr 2025

K.Raj guru v. 1. The State of Telangana

Case Details High Court of India · 21 Apr 2025
Court
High Court of India
Decided
21 Apr 2025
Bench
Not available
Length
1,321 words

Petition under Article 226 of the Constitution of lndia praying that in the circumsta'nces stated in the affidavit filed therewith, the High Court may be pleased topleased to issue a wrrt order or direction especially one in the nature of Writ of Mandamus declaring that, a) the action of the Respondents in not revising the salary bill of the Petitioner for the Month of February 2025 and not paying the full salary of Rs.69,1'161, payable to him is illegal, arbitrary and discriminatory, violating Article 14, 16 86 21 of the Constitution of India. b) Fu(her declare that the Respondents shall forthwith revise the salary of the Petitioner for the month of February 2025 and pay the balance amount payable to the petitioner. c) the Respondents shall forthwith consider and pass appropriatg order on representation of Petitioner dated 03.03.2025 and 07.03.2025 for re-fixing hiq salary, in terms of basic pay and release the balance amount payable to the Petitioner for the month of February 2025. -t:t, E ,{ ,t ] l. Xi IA NO: 10 F 2025 Petition under section 151. cpc praying that in the circumstances stated in lle lflgavl fited in support of the petitio; t"h; Hlgh Court may be pteased to drrect the Respondents to forthwith tate steps ior'pryr"nt of barance amount payabre to the petitioner for the month of retiiarj zozs in terms of his basic pay in the post of Assistant Hydrorogist p"noing JspoJaiot the writ petition Counsel for the petitioner : SRl. SRINIVASA RAO MADIRAJU Counsel for the Respondents NO 1,2 and 4: Gp FOR SERVICES I Cgunsel for the Respondents NO 3:Gp for REVENUE The Court made the following: ORDER E F i : t F b l i N 't ,ta * iF. & -) THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION No.11721 of 2025 ORDER: This writ petition is filed by the petitioner seeking the following reliet " . . . . . . to issue wit order or direction more particularlg one in the nature of WRIT OF MANDAMUS declaing that th.e (a) action of the respondents tn not reuising ttLe salary bill oJ the petitioner for the Month of Febntary 2025 and not paging the full saLary of Rs.69,116/- pagable to him k itlega| orbitrary and discriminatory uiotating Article 14, 16, and 21 of the Constihttion of India. (b) Further declare that tlae respondente shall forthwith reuise the salary of the petitioner for the month of Febn-tary 2025 and pag the balance amount payable to the petitioner. (c) tle respondents shall forthwith consider and pass appropiate order on representation of petitioner dated 03.03.2025 and O7.O3.2O25 for refr,ring his salary in tenns of bosic pag and release the balance amount pogabte to the petitioner for the month of February 2025 and ro pass sLch other order or orders..."

2. Heard Mr.Srinivasa Rao Madiraju, learned counsel for the petitioner, learned Government Pleader for Irrigation and CAD Department appearing for respondent Nos.l, 2 and 4 and iearned Government Pleader for Revenue appearing for respondent No.3. Perused the material available on record.

3. The present writ petition has been filed by the petitioner seeking a direction to the respondent authorities to rectify the erroneous salary hxation for the month of February 2025 and to pay the balance salary amount of Rs.30,615/- to the petitioner, in terms of his basic pay. \ z wP_11121 2025 NBK, J Learned counsel for the petitioner submits that the petitioner 4. is a Graduate in Engineering from I'I'T Khanpur and has also completed his post-graduation in law (L L M ) Pursuant to a notification issued in the year 2022 for recrultment to the post of Assistant Hydrologist, the petitioner applied and was selected on merit after successfully ciearing the written examination' It is further submitted that the petitioner was appointed to the post of Assistant Hydrologist by proceedings dated Ol'lO'2024 and was posted at the Office of the District Ground Water Ofhcer' Ground Water Department, Yadadri Bhongir District' Upon joining duty' the petitioner's salary was hxed with a basic pay of Rs 54'2201- ar'd a corresponding net salary of Rs 69,116/-, which rn'as duly paid from November 2024 to J arruary 2025' Learned counsel for the petitioner further submits that it is 5. the case of the petitioner that for the month of February 2025' though his basic pay remained unchanged at Rs'54'22O1-' the net salary was erroneously calculated as Rs'38,501/ , due to incorrect fixation of Dearness Allowance, House Rent Allowance, Interim Relief, and other components. Consequently, the petitioner received less sa1ary for that month of February 2025 ' lt is further submitted that the petitioner submitted representations dated O3'O3 2025 and O7.A?.2O25 to respondent No.2 requesting rectification of the l i i i Ll 3 wP 11721-2025 NBK, J mistake and disbursement of the balance amount of Rs.30,615/-. However, no action has been taken by the respondent authorities till date. Nevertheless, the petitioner was paid his correct sa1ary of f Rs.69,116/- for the month of March 2025

6. Learned counsel for the petitioner contends that the error in salary fixation for the month of February 2025 has not been rectified by the respondents, nor has the balalce amount payable to the petitioner been disbursed. Since the error is not caused by the petitioner but is due to the respondents' mistake, the petitioner cannot be subjected to financial loss or mental agony for no fault of his own. Hence, the present writ petition has been fi1ed.

7. Having regard to the submissions of the learned counsel for the petitioner and without expressing any opinion on the merits of the case, this Court is of the opinion that the ends of justice would be met if the petitioner's representations dated 03.03.2025 and

07.O3.2O25 are considered and appropriate orders are passed by the respondent authorities.

8. Accordingly, the present writ petition is disposed of directing the respondent authorities to consider the petitioner's representations dated O3.O3.2O25 and 07 .O3.2O25 and pass appropriate orders, strictly in accordance with law. No order as to costs. J : .: To 4 wP 1172t 2025 NBK, J As a sequel, miscellaneous applications pending, if any, shall stand closed. SD/.A //TRUE COPY// N R R 1 The Principal Secretary to Government, I and CAD Depa(ment, Dr.B.R.Ambedkar Telangana State Secretariat, State of Telangana, Hyderabad

2. The Director, T.S. - Ground Water Department, Chinthalbasthi, Khairatabad, Hyderabad.

3. The District Collector, Yadadri Bhongiri, Yadadri Bhongiri District. 4. The Diskict Ground Water Officer, Ground Water Department, Room No.57 and SB, lntegrated District Offices Complex, Raigiri Village, Bhongiri, yadadri Bhongiri District. 5 One CQ to SRI SRINIVASA RAO MADIRAJU Advocate IOpUql 6. Two QCs to GP FOR SERVTCES I ,High Court for the State of Tetangana. lou r] 7, TWO CD COPIES B. ONE SPARE COPY GSA BS N. HIGH COURT DATED:21 10412025 ORDER WP.No.11721 ot 2025 r HE STa 16 J c 2 6 tlav mis I

1. t o r: Sp!Tr'Hr- ,,/ DISPOSING OF THE WRIT PETITION WITHOUT COSTS I b v\ I I I I I I i, i i !, a ,. f

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