A.Vishwanatham v. 1 . The State of Telangana

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 suspend the Proceedings dt.26.06.2023 issued by 4th Respondent pending disposal of the main Writ Petition. Counsel for the Petitioner: SRI SIRIPURAM KESHAVA Counsel for the Respondents: AGP FOR SERVICES ll The Court made the following: ORDER HON'BLE MRS. JUSTICE SUREPALLI NANDA WRIT PETITION o.15931 0F 2023 ORD ER: Heard Sri Siripuram Keshav, learned counsel appearing on behalf of the petitaoner and tearned Assistant Government Pleader for Services-Il, appearing on behalf of respondents.

2. The petitioner filed the writ petition seekinq the followi o relief : "... to appropriate writ, direction, order or orders, more particularly one in the nature of writ of Mandamus in declaring the action of Respondents in not fixing the Revised pay scale 2O2O of the Petitioner in the post of Senior Assistant(land CAD), issued by Government of Telangana Finance (HRM.IV) Department vide Ci r. M e mo. No. 3 O37 - Al 306 / Al / H RM. IV/20 2 2 dt.21.O2.2O23 and further cancelling the Annual Grade increment sanctioned to the Petitioner for the year 2O2l and recovering the same from the salary of the Petitioner vide Proceedings dt.26.06.2023 issued by 4th Respondent without following due process of law in spite of Petitioner submitting representation to Respondent.No.4 on dt.O3.12.2022 as illegal arbitrary, against principles of natural justice, agalnst the provisions of Telangana State and Subordinate Service Rules1996, against Fundamental Rules and Subsldiary Rules for the state of Telangana and in violation of Petitioners rights guaranteed under Articles -\ \ I 2 SN, J wP 1693I 2021 14, Article 16, and Article 21 of the Cons tution of India and against all settled principles law and set aside the Proceedings d1.26.06.2023 issued by 4rh Respondent and direct the Respondents to implement the Revised pay scale 2020 of the petitioner in the pcist of Senior Assistant issued by Government of Telangana Finance (HRM,iV) Department vide Cir.Memo.No.3037_A/3O6/Atl HRM.IV/2o22dt.2t.02.2023 with all consequential benefits and to pass...,,.

3. The case of the petitioner, in brief, is that the petitioner has been initially appointed as Junior Assistant in I.B. Sub-Division, Gadwal on 28.12.1989. Thereafter the petitioner was falsely implicated in a criminal case vide a Crime No.1/2003. Subsequently, 4th Responclent suspended the petitioner from service dated 01.09.2003 and initiated proceedings against the petitioner vide charge memo dated O4.OB.2OO5. The petitioner filed o.A.No.3547 of 2006 on the fire of Hon'bre Administrailve Tribunal challenging the suspension proceedings and also charge Memo dated 04.08.2005 and the Hon,ble Administrative Tribunal was pleased to set aside the Charge Memo dated 04.08.2005 and directed the Respondents to review the Suspension Proceedings. The petitioner submitted a representation to the 4rh respondent on 11.07.2007 and the 4th respondent revoked the 3 SN, J wP t6931 2023 suspension orders oF the petitioner vide order dated 28.04.2008 and the petitioner was reinstated into service. 3 (i). It is the further case of the petitioner that petitioner was promoted to the post of Senior Assistant vlde Proceedings dated 15.10.2009. In the meanwhile the criminal case was compromised before the Lok Adalath and the case was closed on

31.03.2011. Thereafter, 2nd respondent lssued show cause notice dated 20.09.2022 to the petitioner stating that why the petitloner should not be demoted to the post of Junior Assistant as the Criminal proceedings are pending against the petitioner and the same notice was issued to the petitioner with thirteen years of inordinate delay. Aggrieved by the said notice, the petitioner on earlier occasion filed writ petition No'3956 of 2022 in this Court and this Hon'ble Court was pleased to set aside the impugned Memo thereunder vide interim orders dated

27.L0.2022. The petitioner had submitted representation dated

03.12.2022 to the 4th respondent to implement the Revised Pay Scales 2020 to the petitioner but the respondent No.4 did not consider the same. The 4th respondent issued impugned proceedings dated 26.06.2023 cancelling the annual Grade increment sanctioned to the petitioner for the year 2021 (in the 4 SN, J wP 16911 2023 month of May,202I i.e. pay from Rs.46,060/_ to Rs.47,330/_ @ Rs.7270/- p.m. and further held that excess payment made due to the erroneous sanction of annual Grade Increntent would be recovered from the salary of the petitioner in one lump sum with immediate efFect. Aggrieved by the same, the petitioner approached the Court by filing the present writ petition.

4. PERUS E DTH E RECO RD (A) T e Cir N 3 7-A 3 A1 HR IV 22 D 1 2 3i u b s cial Chi J c G v rn en a dh eun er: Sub: - Ref:- Public Services - pay Revision Commission _ Revised pay Scales 2020 - Fixation of pay _ certain insiiuctions issued. 1 C.O. (P) No.162 fin. & plg. (FW pC_1) Deparrment, Dt : 20.5.1993. ?. G.O. (P) No.1B fin. & ptg. (FW pC_1) Departmenr, Dt : 19.1.1994. _Fin.&Plg. (FW) Circutar Memo No.5084 t/367/A2/pC- 3...^ V/96, dated 5.7.t997. 4. G.O.(P)No.266 Fin. & ptg. (FWPC_IV) Departmenr, dated 31.12.1997. I G.O.(P) No.267 Fin. & plg (FWPC_IV) Deparrmenr, dated 31.12.1997 6. Cir. Memo No.50841/367 /A2/pc.t/g6, dated 17.01.1998. G.O.(P).No.114, Finance & ptanning (pW:p.C.1) I Department, dated 27.08.2005. 9 9 9: (P) No.213, Finance (p.C.r) Department, dated 27.08.2005. 9 G.O.Ms.No.25, Finance (HRM.IV dated 18.03.2015 ) Department ? 5 SN, J wP 1693 t 2023

10. G.O.ms.No.51, Flnance (HRM.IV) Department, dated:11.06.2021. **r< In the reference 6th read above, orders were issued to complete all the pay fixations In RPS 1993 before 31.12.1998, any fixation could not be done due to administrative reasons

2. In the references 7th to 10th read above. orders were issued revising the pay scales from time to tlme to all employees of the State Government, and Aided Institutions employees.

3. In spite of clear instructions to complete pay fixations in Revised Pay scales from time to time, has been brought to the notice of Government that, in certain Heads of Departments. Institutions, including Universities, Pay Fixations in Revised Pay Scales are not being completed due to various reasons. 4. Government has reviewed the matter and after careful consideration hereby direct that Pay fixations in the Revised Pay Scale, 2O2O, af any still pending' shall be completed by 31.O3.2023.

5. All Departments of the Secretariat, Heads of Departments/Heads of Offices/DDos, Examiner of Accounts and the Audit officers are requested to take necessary steps to ensure that all the pay fixations in Revised Pay Scales upto RPs, 2O2o are completed by 31.O3.2023 positiveiy. In respect of the cases, where the pay fixation under 6. earlier pay ievisions, including RPs,2o2O, are not completed before itre above date, the same shall be processed only with the prior approval of the Government and pay fixations claims shali be admitted only with the specific orders of the Government in Finance (HRM.IV) Department. K.RAMAKRISHNA RAO SPECIAL CHIEF SECRETARY TO GOVERNMENT To All Special Chlef Secreta ries/Principal Secretaries/ Secretaries to Government, Tela ng a na Secretariat, Hyderabad. All Head of Department, Government ofTelangana, Hyderabad' All District Collector & Magistrates, Telangana. The Director of Treasuries and Accounts, Telangana, Hyderabad' The Director of Works and Accounts, Telangana, Hyderabad' + 6 ,.a: SN, ] wP 1693 t 2023 The Director of State Audit, Telangana, Hyder.rbad. The Pay and Accounts Officer, Hydlrabad. II:".i;[:'0"' Accountant General (Audit-I/IIIA&E), reransana, The Registrar General. lJiqh Court of ludicature at Hyderabad for the State of Te la nga n a. The Registrar of all Universities, Telangana. Copy to: P.S. to Special Chief Secretary/ Secretary (TKS)/Secretary (DRR)/ ;;0"."t;:;:'t""t' Finance oepartment)"1;;;;"r. secretariar, (B) T e tn u vid' P c N .sE M Hvdl stt/EC-L/ AGL/ 2023-24/ 2 OOs, s e n ln H derabadis extractedhere nd r: rtn en n u

26.06.20 23 r Me ani al e Sub:- Ref:- .^.-T; -l^1^allDept., --rSMS. _ Sri A. Vishwanatham, sr. /rssL. Lancellatton of Annual Grade increment for the year May, 2021 - Recovery orders _ IssueJ _ auS 1. This office O.O. No. SE/MC/Hyd/Estr/EC1l8-163/186s. Dt : 22,O5.2O2t 2. C-E-., Irrign. Hyd Memo No. CE/rlHyd/ DCE/ NTIA/ 5,2/ P4/2O22/7590 Dr : 18.11.202 2 3: ^Il: Hon'bte High Court of Tetangana W.p. No.39576 of 2022 4. Application of Sri A. Vishwanatham, Sr. Asst. Dt : 03.r2.2022 5. This office Lr.No. SE/MC/HydlEs t/ECt/2022_23/ 244h/2, Dt: 07.2.2022 (addressej io c.i. i..'n. nio. to issue instructions on ref.4ih citeJl- !, .!!, I1rsn., Hyd. Memo y9. cilrlnyalDCE/DDo/DEE/ S2/P4/2O23/3997, Dt : 25.O3.2023. -- -'L' ^r'Ir' I'v As per the reference Sri A. vishwanatham, Senior Assistant (Emptoyee ID. No:17086is1'#',h,, li,.u *u, sanctioned -cited, Annual Grade increment for the year zbzi fin inl'.onth of May, 2o2t i.e. pay from Rs.46,0601_ to ns.+2,::of O'rii iizij)_ p..l 1$ _ 7 v n th SN, J wP 16931 2023 d sancti oned increment to cancell n m OU r v effect. s nto h im to th amount Mav, 2O 2L ts and the excess Davment made dueto r! Ann r de !u n r m n m-. Sd/- xxx Superlntending Engineer, Mechanical Circle, HYderabad To Sri A. Vishwanatham, Sr. Asst. (c) Interi m order oranted i favour of the oetit ioner on o4.o7. 2O23 which are in force as on date, is extracted hereu nder: "Notice before admission' The learned Government Pleader for Services-Il takes notice on behalf of the respondents No.1 to 4 and waives further notice and seeks time to file counter. Registry is directed not to take out notice to the respondents No. 1 to 4, in view of this waiver. The learned counsel for the petitioner submitted that the respondents have passed impugned order dated 26.06.2023 for recovery of excess payment made due to erroneous sanction of annual grade increment granted to the petitioner for the year 2O2L from the salary .of the petitioner in one lump-sum and therefore, he seeks suspension of the said impugned order. In view of the fact that the recovery is to be made from the salary of the petitioner in one lump-sum, there shall be interim stay of said recovery. List the matter on 25.O7 .2023 for filing counter". \\ 8 SN, J wP t6931 2023 (D) The lea rne Assi nt Gov rnment Pleader for lf of s n ents nth aver ents pa rticular at Daq e No.6. 2nd Dara andatoa e No.7, Dara No. and th said na ras are extra cted he reu nder: coun r affi de in \2nd Para:- It is respectfully submitted that, Sri A. Vishwanatham, Sr. Asst., submitted representations for releasing of PRC' 2020 pay fixations. in Spp - I(A) and Annual Grade Increments., for the period he is entitled. In this connection, this office submitted a Ietter to Chief Engineer, Irrigation, Hyderabad vide. T. O. Lr. No. S E/ M C / Hy d / Estt/ ECL / 2022-23 / 24 4Hl2 d ared. 07 _ t2_ 2022, for certain clarification on above subject. In this regard, the Chief Engineer, Irrigation, Hyderabad has communicated a copy of the ENC(Admn), Hyderabad to this office, wherein it is informed that the Pay fixation in the cadre of Senior Assistant on RpS'2020 and releasing of Annual Grade Increment's and placement in Spp-I(A) will be examined subject to outcome of the judgment in W.p.No.39576 of 2O22 and criminal cases against Sri A. Vishwanatham, the then Junior Assistant now Senior Assistant and informed to the applicant which was forwarded to the applicant vide this offlce Endt. No. sE/MC/ Hy d / Est/ EC. u 1 04s dated. o 1 _ 04 _2023.

6. It is respectfully submitted that, based on the Chief Engineer. Irrigation. Hyderabad Memo.No.CEII IHVd|DDO/DEE/SZ/ p4/2023/ 3gg7 dated 25-03-23 the Annual Grade Increment for the month of lvlay 2021 vide.T.O.O.No.SE/MC/Hyd/Estt/Ec.1/8_163/186s dared 22_05_ 2027 were sanctioned to the above individuar without knowredge of i I I I ; I r i 9 SN, J wP 16931 2023 past status of crimlnal cases. pending against the above employee (As such entries were not recorded in service book regarding the time of sanction usually, it must and should be recorded by the office' In this regard, based on the Chief Engineer, Irrigation, Hyderabad Memo' No.CElI/Hyd/DCE/DDo/DEE/S2/P412023/3997 dated 25-03-2023, this office issued an order for cancellation of Annual Grade Increment, for the month of May' 2O2! and recovery orders (whereln it was clearly mentioned that, if any excess payment made due to erroneous sanction of Annual Grade Increment wlll be recovered from his salary in lump sum amount. Vide. T.O. Proceeding. No.SE/MC/Hyd /Estt/EC' I / AGI / 2023 -24 / 2OOs, dated.26 - 06 -2023" . DISCU SSION A D CONCLU STON

5. The tearned counset appearing on behalf of the petitioner contends that the respondent is entitled for fixing of the Revised PaY Scale 2O2O ol the petitioner for the post of Senior Assastant (I & CAD) as per the Memo vide Cir.Memo No.3O37'Al3O6/AllHRM.IVl2022, dated 2t.O2,2O23 issued by Government of Telangana Finance (HRM.IV) Department. However the respondents have not taken any action in this regard as per Memo dated 2L.O2.2O23 and further to the shock of the petitioner, the petitioner received the impugned proceedangs dated

26.06.202i3 whereunder the petitioner had been informed + 10 SN, J wP_I693 r 2023 that the increments sanctioned to the petitioner in May, 2021 had been cancefied and the excess payment made to the petitioner due to the said erroneous sanction of Annual Grade fncrement woutd be recovered from the salary of the petitioner in one lump-sum with ammediate effect. The learned counse! appearing on behalf of the petitioner submits that the order impugned dated 26,06.2023 of the 4th respondent is iilegat, arbitrary and in clear violation of principles of naturat justice since the petitioner had not been put on notice prior to issuance of the said proceedings, and hence needs to be set aside. 6 erv c e a e -II n n G ver m nt Pl f' r o rsuanc Interi h n en or er dat do4.O7 .20 23 h d e f n t er. rn on f e m un fr m he s U o n n en s er h v r e ts ad ln e o AV fi r a n e o.4 th e s c ncellinqth EAn al Gr ha f de t o n I r d d e 2 o 2 2 In rement sa nction ed tot he 1 11 SN, J wP 1693 r 2021 oetitioner for the vear 2O21 nd recoverino the same from the salarv of the oetit oner vide imouoned oroceedinos dated 25.O6.202.3 issued bv the 4th respondent unilaterallv is hiqhlv illeqal and arbitrarv and without followinq due Drocess of law

7. The learned counsel appearing on behalf of the petitioner contends that though the petitioner submitted a detailed representation dated 03.12.2022 to the 4th respondent, the same had not been considered and instead the impugned order dated 26.06.2023 had been passed.

8. This Court opines that the impugned proceedings dated 26.O5.2O23 which is admittedly as borne on record without issuing prior notice to the petitioner is in clear violation of principles of natural justice and the same needs.to be set aside and the subject issue needs to be reconsidered by the respondents.

9. Takinq into consi deration : (a) The aforesaid facts and circumstances of the case, t2 SN, J wP 16931 2023 (b) The submissions made by the learned counsel appearing on behalf of the petitioner and the learned Assistant Government pleader for Services_Il, appearing on behalf of respondents, (c) The impugned proceedings vide Cir.Memo. No.3O37-A3O6/A1IHRM.tV/2O22t Dated 2L.O2.ZO2Z issued by the Special Chief Secretary to covernment pertaining to Revised pay Scale 2O2O and fixation of pay (referred to and extracted above), (d) The impugned proceedings ufde proceedings No. SE/MClHyd/Estt/Ec-L/AGt/2029-24/2OOs, dated 26.06.2023 issued by the Superintending Engineer, Mechanical Circle, Hyderabad (referred to and extracted above), (e) The Interim order granted in favour of the petitioner on O4.O7.2O23 which are in force as on date (referred to and extracted above), (f) Ttre learned Assistant Government pleader for Services-Il appearing on behatf of respondents places reliance on the averments made in the counter affidavit in l3 SN. J wP 169-l I 2021 particular at page No.6, 2-d para and at page No'7, para No,6, (referred to and extracted above), (S) Representation of the petitioner dated A3.L2.2O22, seeking application of PRC Pay Fixation 2O2O SPP - 1(A) (12 years) Annual Grade Incremetlt as per Memo dated 21.O2.2023. (h) The interim order of this Court dated O4'O7'2O23 referred to and extracted above, The writ.petition is allowed., The respondents aie directed to reconsider the representation of the petitioner dated 03.12.2022 seeking Fixation of the Revised Pay Scales 2O2O oJ the petitioner in the post of Senior Assistant (I & CAD) Department as per the Memo dated 2L.O2.2O23 issued by the Government of Telangana, Finance (HRM.IV) Department (referred to and extracted above), in accordance to taw, in conformity with principles of natural justice by providing an opportunity of personal hearing to the petitioner and pass appropriate orders on the said representation of the petitioner dated 03.12.2022 within a period of four weeks from the date of receipt of a copy of the order and duly commun'cate the \ \ 14 decision to 'the petitioner. However, there shall be no order as to costs. SN, J wP t693t 2023 The respondents are directed not to pass any orders for recovery of amounts against the petitioner without following due process of !aw. The miscellaneous applications, pending if any, shall stand ,,rRuEcopy,, ffirQ$lEe,sFRiI _/ i^:iinrl:;T:flT"r fficl"r,:If:ri+JH#5.{':;:trf lfq:,lsff i::ii*:t:.-'- ff$,1pi***a;m";.iffi:: 7' To 1 2 a 4 5 o 7 PSK, BS HIGH COURT DATED:28 t}4t2O2S CC TODAY ORDER WP.No.16931 of 2023 STAIE Is \\\L r{b () + I oeso{ DISPOSING OF THE WRIT PETITION WITHOUT COSTS /o /,4 7/.2 z/4