The High Court · 2025

Petition Under Section 151 CPC praylng that in the circumstances stated in the affidavit filed in support of the petitiont the High Court may be pleased to vacate the interim orders dl 2410612022 passed in l.A No 1 ot 2022 in W.P No 19193t2022. |.A.NO:3 OF 2022 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to permit the 1st Respondent to file additional counter affidavit along with material papers in W.P.No.19193 of 2022 in the interest of justice. |.A.NO:1 OF 2023 Petition Under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition; the High Court may be pleased to declare the Memo No. 301/CPR and RElD2l2017- 1 daled 12.12.2018 issued by the respondent no.3 in not approving thd proposal of the district Panchayat Officer, Mahabubnagar vide Lr. No. A21627//2016 dated 11.01 .2017 in cancelling the Fitter Conversion of the petitioner, to grant post as Kamati at Edini Gram Panchayat and to pay the salary under 010 Account as arbitrary, illegal, unjust and violative of principles of natural justice; $et aside the same and consequently direct the respondents to re-convert the petitioner's service as Kamati as per his initial appointment by cancelling his conversion orders as Fitter and arrange to pay salaries regularly under 010 Head Accoqnt. |.A.NO:3 OF 2023 Petition Under Section 15'1 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to permit the petitioner to amend the pleadings of Writ Petilion by inse(ing the paragraph no. 5 and 6 of the affidavit filed in support of this I A., as paragraph no. 11 A and 11B in the Writ Affidavit, in addition to the alread,/ e:xisting averments of the writ petition. Counsel for the Petitioner : SRl. S.KRISHNA SHARMA Counsel for the Respondents : SRI RAMESH CHILLA, cP FOR SERVICES The Court made the following ORDER HON'BLE MRS. JUSTTCE SITREPALLT NANDA WRIT PETITION 0.19193 ot 2022 ORDER: Heard Sri S.Krishna Sh4rma, learned counsel appearing on behalf of the petitioner and Sri Ramesh Chilla, learned Standing Counspt for Services matters appearing on behalf of the resppndents. 2 n ra roa filin the oresent writ oetition seekino o4aver as under: ".....to issue an appropriate Writ, order or 'nature direction more particularly ope in the Writ of Mandamus declaring the action of respondent No.1 vide Rc.Nol.C/3Os1/2O2L qarcd 24.0t.2022 in rejecting my representation ddted 27.12.202L to allow my salary under 010 head of account and for consequentiEl conversion of my services from the post of Fittir to Kamati and the Memo No.30U9PR&RE/1212017-1 dated L2.12.2018 issued by the reqpondent no 3 in not approving the proposal of the District Panchayat Officer, Mahabubnagar vide Lr. No.A2/627/20L6 dated Ll.Ot.2Ol7 in cancelling the Fitter Conversion of the petitionef, to grant post as Kamati at Edini Gram PanchFyat and to pay the \l 2 SN,J W.P.No.19193 2022 salary under 010 Account as arbitrary, il egal and unjust, and violative of Article 14, 2'. of the Constitution of India and service law principles, set aside the same and consequently direct the respondents to re-convert the petitione'r's service as Kamati as per his initial appointment and arrange to pay salaries regularly under 010 Head Account and also to arrange the arrear:s cf salary by revising and refixing pay scale of th€ f')etitioner in the revised pay scales from time to tirne with all consequential benefits and pass such other order or orders" " " "'

3. The case of the petitioner, in briel', is that the petitioner was appointed as a Kamati which is a regular, provincialized post in 1989 on compassionale grounds. In 1992, he was erroneously shifted to the post ol'Fitter which is a non-provincialized post due to aIrliaistrative needs, without his consent and despite not trelng qualified. As a result, he lost access to regular salary under the 010 Head of Account and was deprived of service benefits like DA, pRC, incremFnts, and surrender leave. Multiple representations and court directions \^/ere made seeking reconversion to Kamati, but officials rejected his 3 SN,J W.P.No.19193 2022 request citing procedural groun4s. Aggrieved by the same, the petitioner has filed the present writ petition. P RUSED THE RECORD: A) c 2 Theo err MDUO ned of th res ondent J u 2 2vi c.N h e 5 u 2 er: o.1- he d e "The case of Sri. G. Ramchandraiah, S/o. Hussainalah, Fitter, Jadchgrla Municipality has been examined with referende to records available that the individual in question was appointed as Sweeper carrying the pay sclle of Rs.74O_1150 by the Dist. panchayat Officer, Mahabubnagar vide Procs.No.A2l1249/89, Dt:2{.10.1989. Due to retirement of his mother on medical invalidation and was posted at Grampanchayat Jadcherla. Accordingly he joined duty on 23.10.1989 his services have been regularlized by the DpO, Mahabubnagar from 23.10.19g9 vide procs. No. A2/IL79/9I, gt, 74.03.t992, tater he was converted as fitter and posted at Grampanchayat Kaverammapeta vide DpO procs. No. A2/76I/t992-1, Dt: 07.Og.tgg2 he was retieved on the A.N. of 16.09.1992 and joined at Grampanchayat Kaverammapeta. He has \ 4 SN,J \ /.P.No.19193 2022 discharged his duties as Fitter and as s.rch he was awarded Spl. Grade post on completion cf g years of incremental service by the Executivr: Officer, Jadcherla vide procs. No. A/497/2OOO Dt: 05.02.2000 and the entry also recorded in SR page No. 17 It is also to submit that the indivrdual has also been awarded SApp-IA & 1B on cornl)letion of 16 & 18 years of Incremental service in the cadre of Fitter in RpS 1999 and RpS 2010 vide DpO Mahabubnagar procs. No. A2/2656/20t2. Dt: 22.03.20L2. His pay fixation in ail the category of the past and related entries are recor(led in the Service register. It is also to submit that the inciivirJual has approached the Hon'ble Tribunal Ap Hyclerabad to allow his pay in 010 salaries head;rn( got directions in O.A. No. 527 of 2015 Dt: 19.02.2015 as detailed below. "In the light of the above circumstances the applicants are directed to make a representation to the respondents for payment of salarie:; through Treasuries undAr Account O1O if salariers are not paid through Treasuries and on making such representation, the respondents are di-ected to pass appropriate orders regarding the r,_,c uest of the applicants for payment of salaries t.hrough 5 SN,J w.P.No.19193 2022 Treasuries under the Head of Account 010 salaries L5.02.2009 as well as as per G.O.Ms. No. 179, Dt: the guidelines issued in G O.Ms. No. 300, Dt: 405, Dt: 23.06.2009 02.05.2009 and G.O.Ms. No. within a period of four we ks from the date of d is disposed of representation. The O.A. accordingly." It is also to submit thFt the directions have not been implemented by the] Executive Officer, GP Kaverammapeta which was under the control of DPO Mahabubnagar and as such again he approached the Hon'ble Hi(h court and filed a petition in LA.No. 7 of 2O2l in WP No 21252 of 2O2l and got directions. It is also to submit thlt the Grampanchayat Kaverammapeta has been merged in Municipality Jadcherla from 15.12.2020 ialong with me! and material. Therefore the individual has been paid his salary Rs. LZ,OOO|- as per d.O.no, 14 Fin. (HRM) Dept, since his services have ]not been absorbed as Fitter and also this Municipality is having the Fitter post as per the Cadre strehgth granted by the Govern ment. It is also to bring to tfle notice that Sri. G. Ramchandralah, Fitter, Granfpanchayat Jadcherla, Kaverammapeta is not a PrPvincialized staff and of staff of Non- for the tra nsfer/conversion 6 5N,J !V.t'.No.19193 2022 provincialized post to Provincialized posl: //as not accepted by the Commissioner, Panchayat Raj when Dist. Panchayat Officer, Mahabubna'gar was sent proposals. As such the employee irr tluestion is not eligible for increments, DA. PlLC and S u rrend er leave benefits etc. In view of the above the individual is informed that it is not possible to conve:rt him as Fitter and allow him all the benefits as requested by him and also to pay his salary under 010 head of account not feasible of compliance. The receipt of the proceedings :;hould be acknowledged. " B) unter affidavit has n behalf of DOndent No.l and in oa icu lar. oaraq ra oh No 9a nd 12 are extracted ereu nder: t "9. It is humbly submitted the p,rtitioner cannot be treated as Provincialised post as per the discussion made above, the petitioner \vas not working in the Grama Panchayath as on 01.Q4.1981 Jvnicfr is mandatory ers per G.O.Ms.No.169 PR&RD (Estt. VIII'r Dept., dt:20.03.1981, as per the said G.O individtral need to be working on the cut of date i.e., 01.)4.1981 to be converted as Provincialised post. 7 sN,l W.P.No.19193_2022 l

12. It is respectfully submit(ed that, earlier the petitioner filed w.P.No.212$2/2021 with the grievance that his representa$on to continue him as Kamati instead of Fitter anq to allow his salary under 010 Head of Account be disposed by the respondents, The Hon'ble Court pleased to dispose the writ petition vide his orders dt: 13.12.2O2L directing the respondents 1 fi 2 to dispose the representation of the petitiQner and to pass appropriate orders in accqrdance with law. Accordingly in compliance of the orders of the Hon'ble High Court passed in 1W.P.No.21252/2021 the respondent no.1 herdin disposed the representation rejecting his cldim of the petitioner herein to be considered as Provincialised post based on the DPO, Ma$aboobnagar Proc. Roc.No.A21627/20t6 dt:04.02|2018, since he is not working in Provincialised p$st further, the DPO clarified that the petitioner is hot eligible to c)a!m increments, DA, PRC and Surrdnder Leave Benefits etc., Fu.rther the DPO made] it clear that the petitioner herein is eligible to lbe paid Rs.12000/- as per G.O.Ms.No. 14 Fin. (HRM-M) Dept., dt: 19.02.2016 while, rejecting his claim for conversion from Fitter to Kamqti post as such, for reasons mentioned above the W.P.No.19193/2022 is liable for dismissal." l I 5N,J W P.No.19193 2022 1

4. Learned counsel aDDearinq on petitioner mainly contends that on_ an earlier occasion, Detitioner aDoroached the C W.P.No.21252 of 2021 and the said wri disposed of vide orders dated 13.12.2O?1 observinq as ullderi "This Court, having considered l.he rival submissions made by learned counsel for respective parties, is of the considered v'iew that this writ petition can be disposed of direr:ting the petitioner to submit a representation afresh to respondent Nos.1 and 2 within a period of two weeks from the date of receipt of a copy of this order. Upon such a representation being received, respondent Nos.1 and 2 shall consider tlre same and pass appropriate orders, in accorclance with law, in another eight weeks thereafter." ' r

5. Learned counsel appearing on behalf of t:he petitioner mainly submits that the petitioner had submitted a representation to the Commissioner and Director of Municipal Administration and Urban [)evelopment, Telangana State, Hyderabad, as well as to the Commissioner, Municipality, Jadcherla, 14ahabubabad District, requesting that his salary be allotted under the 010 9 sN,j W.P.No.19193 2022 Head of Account and that his selvices be converted to the post of Kamati, as per petitionerl's initial appointment. The petitioner further requested that lhis salary be paid regularly under the 010 Head of Accou nt and that the arrears of salary be released to the petitionBr by revising and refixing petitioner's pay in accordance with the applicable Revised Pay Scales from time to time, alpng with all consequential benefits.

6. Learned counsel appearing pn behalf oF the petitioner submits that, inspite of the or(ers of this Court dated L3.12.202t passed in W.p. No. 21252 of 2O2t in favour of the petitioner, the representation vvas rejected mechanically on the ground that the post held by the petitioner, namely 'Fitter', does not fall under prQvincialised staff,, It was further stated in the order impu(ned that the petitioner's I request for tra nsfer/conversion ffom a non-provincia lised post to a provincialised post w {s not accepted by the Commissioner, Panchayat Raj, dftPite the fact that the District Panchayat Officer, Mahabupabad, had forwarded the said proposals. As a result, the pqtitioner had been denied eligibility for increments, Dearnegs Allowance (DA), pay l 10 SN,J W.P.No.19193 2022 Revision Commission (PRC) benefits, surrender leave, and other consequential benefits.

7. Sri Ramesh Chilla, learned Standing Counsel for Service Matters appearing on behalf of the respondents, placing reliance on the averments made in the counter affidavit filed on behalf of respondent No.1, r:ontends that the petitioner's representation was duly considered and was rejected on the ground that the petitioner is not working in a provincialised post. Therefore, the request fcr conversion from the post of Fitter to Kamati was not accepted. 8, Learned Standing Counsel places specific reliance on the averments made in paragraphs 9 and t2 c,f the counter affidavit filed on behalf of respondent No.1 in support of the respondents' case and contends that the ,arrit [ietition is liable to be dismissed. DISCUSSION A D CONCLUSION:

9. A . bare perdsal of the record indicates that the appointing authority, without considering thr: orders dated 17.05.20t6 and 1t.01.20L7, issued a memo dated L2.12.2018 stating that the proposals were n,)t accepted, as 11 5N,J W.P.No.19193 2022 the petitioner is working in a nonl-provincia lised post and his salary is being paid from Gram Pdnchayat funds.

10. It is soecificallv stated af paraoraoh No.1O of the b the e n l l s "10. It is to submJit that Kamati is a provincialized but a lower post while Fitter is a non-provincialized but a hiQher post. As per the Andhra Pradesh Last Grade ervice Rules (Adapted by Telangana State vide .O.Ms. No. 194, GA G (Ser-B Department dated 28 05.2016) Kamati post falls in category B while Fittqr post does not fall in category B but in category 1{. As per rule 5 of last grade rules, "no person $hall be eligible for appointment to the category specified in column (1) of the Annexure-l by th€ method specified in the corresponding entry in Qolumn (2) unless he possesses the qualificatio(s specified in'' the corresponding entry in Colurpn (3) thereof. "It is pertinent to note that I har]e studied till class 5 and as per my qualifications I am not eligible for the post of fitter, which requires high qualification, which I do not possess. The respondents without verifying my eligibility criterlia and qualifications, merely because there wab an administrative necessity have convefted me to a higher post to which I am not eligible. guch conversion by L2 SN,J \ /.P.No.19193 2022 respondents from posts a lower post to higher post, provincialized post to non -provinciarized post which are placing different category .tftlounts to irregular and illegal appointment/converrs,ion. It is settled law that any irregular e nd illegal appointments made contrary to the provi:;ions and rules is liable to be cancelled and such irregularity shall be rectified."

11. A bare perusal of the counter affidavit filed on behalf of respondent No.1 clearly indicates that the specific averments made by the.petitioner at paragraph No.10 of the affidavit filed by the petitioner in support of t:hr: present writ petition (referred to and extracted above) had not been addressed in the counter affidavit filed by r-esprondent No.1, nor had been answered by the learned counsel appearing on behalf of respondent No.1. t .

12. A bare perusal of the counter affidavit filed on behalf of the respondent No.1 clearly indicates thal: the specific averments made by the petitioner at para l!o.10 of the affidavit filed by the petitioner in support of petitioner,s case in the present Writ Petitio n ( refe rred to and e>ttracted above) had not been answered in the counter affidavit filed by the respondent No.1. 13 SN.J W.P.No.19193 2022

13. A bare perusal of the recol-d, in pa rticula r, the report of the Divisional Panachaya Officer, Mahabubnagar addressed to the District Officer, Sriyutha Mahabubnagar, vide letter No.A/125/20t6, dated Pairchayat

17.05.20L6 clearly indicates the petitioner had been appointed initially under provinciplised category post having been appointed under the compa{sionate grounds as Kamati consequent to acceptance of mQdical invalidation claim of petitioner's mother vide,-proceedlngs, dated 21.10.1989 by the respondent No.2 in the time scale of 740-1150 at Badepalli Grampanchayat at Jad(herla and the petitioner.s services had been regularized in lthe cadre of Kamati w.e.f 23.10.1989 vide proceedings No.A2/1L79/9LPTS, dated

14.03.1992, but however on adfninistrative exigencies on I account of vacancy in the Flitter- post at Jadcherla, Kaverammapeta Grampanchyat, jthe petitioner was filled in the said vacancy for Fitfer, vide proceedings No.A2/76t/ 1992-(i), dated 07 0911992, vide the said letter dated 17.05.20t6 of the DiviFional Panchayat Officer addressed to the Sriyutha Digtrict Panchayat Officer, Mahabubnagar, it was soecificalfv requested to provide l L4 SN,J \'.P.No.19193 2022 l ries und r 1 Account to the submit ro osals a Government. It is further evident as Der the averments made at Dara No.4 of the affidavit filed bv the petitioner that it is the sDecafic case of the oetitioner that the oetitioner at no p_oint of time requested for conversioir to the Dost of Fitter from Kamati.

14. A bare perusal of the letter of the Di!;trict Panchayat Officer, Mahabubnagar addressed to the Sriyutha Commissioner Panchayatraj and Rural Employment Service/Scheme, Hyderabad vide proceedings No.A2/627/2016, dated ll.0l.2Ol7 clearly indicates a detailed reasoning of the District Panch alAt Officer, Mahabubnagar for cancellation of the Fitter :onversion of the petitioner to grant Kamatl post of the petitioner at Edini Grampanchayat and to pay the salary under 010 Account.

15. This Court bpines that the respond(:nts have a bounden duty to reconsider the request of tl^e petitioner for reconversion of petitioner's service as f:a rati as per petitioner's initial appointment and for payment of 15 5N,J W.P.No.19193 2022 petitioner's salaries regularly un0er 010 Head Account and for release of all the arrears in qccordance to law since the said request of the petitioner adfnittedly had been rejected mechanically stating that the same is not feasible of compliance ignoring the specific recommendations made in favour of the petitioner vide letter No.A2/627/2016 dated LL.01.2017 of the District Panchqyat Officer, Mahabubnagar addressed to the 3'd respondent irft the said issue.

16. This Court opines that 1 the proceedings, dated 17.05.2016 of the Divisiofal Panchayat Officer, Mahabubnagar addressed to the priyutha District Panchayat Officer, Mahabubnagar and Fh" proceedings, dated ll.Ol.2Ol7 oF the District Panchayat Officer, Mahabubnagar addressed to the Sriyutha Commifsioner, PanchayLtr Raj and Rural Employment Service/Scheme, .Hyderabad had been totally ignored while passing the order impugned, dated

24.01.2022 by the 1't respon(ent herein rejecting the petitioner's representation, dated 27.L2.202t to allow petitioner's salary under 010 Head of Account, and the consequential conversion of petifioner's services from the l post of Fitter to Kamati recomnhended vide letter of the I 16 5N,J W.t'.No.19193 2022 District Panchayat Officer, Mahabubnagar, datecl lL.OL.2Ol7 being disapproved mechanically vide impugneC proceedings, dated 12.12.2018 of the 3'd respondent herein, stating that the petitioner is working as fitter at Gram Panchayat, Jadcherla in Non- provincia lized post and petitirlner's salary is being paid from the funds of Grampanchal'at from the year L992, are orders issued without applicatior of mind by the l't respondent and the 3'd respondent herr:in. A7. This Court in the light of the discussion and conclusion arrived at paras 9 to 16 of the present Judgment, opines that the subject issue needs reconsideration by the respondents her6in.

18. TAKING I NTO CONSIDERATIO N: I a) The aforesaid facts and circumstances of the case, b) The submissions made by the learned counse! appearing on belialf of the petitioner and the Iearned Standing Counset for Service Matters appearing on behalf of the respondents, t7 SN,J W.P.No.19193 2022 c) The averments made if the counter affidavit filed on behalf of the respogdent No.l (referred to and extracted above), d) The impugned order datQd 24.O1.2O22 passed by respondent No.1, rejecti[t9 the petitioner's representation dated 27.L2,2O2L for payment of salary under the O1O Head of Account atong with all consequentaal conversion of sprvices from the post of Fitter to Kamata, is admittedtly bereft of any reasons except for the statement tnad tne Fitter post is not a provincialised post, without considering the report dated 17.05.2016 of the Dividiona! Panchayat Officer, Mahabubnagar and letter, datFd 11.01.2017 issued by the appointing authority, i.e., fespondent No)4.\ The Writ Petition as allowed, and the impugned order vide R.C.No.C/3O51/2OZL dated 24.O1.2O22 of the respondent No.1 is set] aside. The matter is remanded back tb respondenft No.1. The respondent No.1 as directed to reconsider the petitioner's representation dated 27.L2.7O21 , in light of the earlier directions issued in fayour of the petitioner by 18 SN,J W P.No.19193 2022 order dated L3.L2.2O2L in W.P. No. 21252 of 2O2L (referred to and extracted above) duly considering the report of the Divisional Panachayat Officer, Mahabubnagar addressed to the District Panchayat Officer, Sriyutha Mahabubnagar, vide letter No.A/125/2016, dated L7,OS.?OAG and the letter of the District Panchaydt Officer, Mahabubnagar addressed to the Sriyutha Commissioner Panchayatraj and Rural Employment Service/Scheme, Hyderabad vide proceedings No.A2 1627 l2016, dated 11.O1.2O17 (discussed above at para Nos.13 and L4 of the present order), within a period of four(4) weeks from the date of receipt of a copy of this order in accordance to law, in conformity with the principles of natural justice, by providing an opportLnity of personal hearing to the petitioner and pass appropriate, reasoned, speakang orders,. and duly communicate the same to the petitioner, However, there shall be no brder as to costs. L9 SN,J W.P.No.19193 2022 Miscellaneous applications, if any, pending shall stand closed. //TRUE CqPY// s - P. PONNA KRISHNA TANT REGISTRAR SECTION OFFICER To

1. The Commissioner, Jadcherla Municipality, Jadcherla, Mahabubnagar District 2. The Commissioner, Municipal Administiation And Urban Development Authority, Government of Telangana, Flyderabad.

3. The Commissioner, Panchayat Raj and RD Dept., Government of Telangana, Hyderabad.

4. The District Panchayat Officer, Mahablbnagar. 5. The Principal Secretary, MA and UD DEpartment, Telangana Secretariat, State of Telangana at Hyderabad.

6. Two CCs to GP FOR SERVICES, High Court for the State of Telangana at Hyderabad. [OUT]

7. One CC to SRI S.KRISHNA SHARMA,,Advocate [OPUC] 8. Two CD Copies SA PVL YY I HIGH COURT DATE D: 1 6107 12025 /:. I'- ;L :.-,,! ) o(J { I |1 L \ i0 2025 )Y \ l' i.l(-,,..f] '-::-:= h. *' .rf-\-] ORDER WP.No.I9193 of 2022 \ ALLOWING THE W.P WITHOUT COSTS. \\'d4 #"