High Court · 2025
Case Details
Acts & Sections
'1 . A.Narender, S/o Ramulu, Age 48 years, Occ- Section writer, O/o Executive Director SC Scheduled caste service Development society, Suryapet, Suryapet District. 2. K. Bhasker Rao, S/o Veera swami, Age 52 years, Occ- Record Asst. SC Scheduled caste service Development society, Yadadri, Bhongiri Diskict. 3. Smt. J. Dhanamma, Wo Narasimha, Age 45 years, Occ- Office Subordinate, SC Scheduled caste service Development society, Nalgonda, Nalgonda District.
4. D. Mallesh, S/o Sailu, Age 47 years, Occ- Office Subordinate SC Scheduled caste service Development society, Yadadri, Bhongiri Distrlct. AND ...PETrrONER(S) '1. The District Collector, Nalgonda, Nalgonda District. 2. The District Collector, Suryapet, Suryapet District. 3. The District Collector, Yadadri, Bhongiri District. 4. The Executive Director, District S.C. Service Co-Op. Society Ltd. Collectorate Complex, Nalgonda, Nalgonda District.
5. The Managing Director, SC Service, Co-Op. Society Ltd. DSS Bhavan, Masab
6. The State of Telangana, rep. by its Principal Secretary, Social welfare Tank, Hyderabad. Department Secretariat' Hyderabad .,.RES'.NDENTS Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to isgue a Writ, order or direction more particularly one in the nature of Writ of Mandamus by declaring the entire action of the respondents, in not granting/ releasing periodical increments as well as PRC benefits while extending the above said benefit to other NMR time scale employees on the untenable ground that, the petitioners herein are not obtained any favourable orders like other is as highly illegal, arbitrary, unjust, improper, discriminatory, violative of all principles of natural justice, discriminatory and consequently to 7 direct the r()s?ondents to forthwith release Annual Grade periodical increments as well as FrRC Lernefits to the petitioners from the dat.e of pa,/ment of minimum time scale lrkr: olhers similarly situated persons whose favou., the Gcvt issued orders vide G o llt No.468, pR and RD (FRirr)Dept dated 23.7.2015. c.o. Rt No 132 PR ard lD Dept. dated 28.2.2011 , and G.O Rt No 498 pR and RD Dept dated lB 7 io18, and also keeping in view of laur laicl do',vn by this Hon'ble court in its rt:pcr1e,cl Judgment 2011 (6) ALD 638 (DB). lA NO: 1 OF 201t) Petition uncler Section 'l5i cpc praying that in the circJmstances stated in the affida\,'it fil=d in support of the petition, the High court nray be pleased to direct the rer;prrrdents to forthwith release the rannual Grade periodical increments as wr: I as PRC benefits to the petitioners rerr-.in lrke other, by duly extending the :;arne, benefit that was extended to other r;im larly situated persons whose favou" tre (lovt. issued orders vide G.o.Rt No. 468, pR,iIRD (pR.ll) Dept. dated 23.7.2)a 5 3 O. Rt No i32 PR&RD Dept, dated 28.2.2|17, and G.O. Rt No. 498 PR&R ) lept dated 18.7 .2018 as weil as by dLrly takingr into judgment of Hon'ble court irr its reported Judgment 2017 (6) ALD 63t (DB) Counsel for ther Petitioners: SRI S.SATYANARAYANA FIAO Counsel for ther Respondent Nos.1 TO 3, S & 6: AGp FOR SERVICES_V Counsel for the,Respondent No.4: SRI T.V.RAMESH The Court made the following; ORDER 1 wp_19125_2019 N8X, I THE HON'BLE SRI JUSTTCE NAGES H BHEEMAPAKA WRIT PETITION No.19126 of2019 ORDER: The case of the petitioners, as can be seen from the writ affrdavit, is that they were appointed as daity wagersa{MRs around the year 1990; and subsequently the District collector passed orders granting minimum of time scale as per Revised Pay Scales,2010, in pursuance of the order of this Court in W.P.No.23688 of 2011, dated 16'07'2012' and G.O.Rt.No.146 dated o4.o3.2ol3.It is stated that the A.P. Administrative Tribunal, in o.A.No.7195 of 2002 has directed that NMR employees are entitled to periodical increments, and the said view was upheld by the Hon'ble Division Bench of this Court in W'P'No'15031 of 2006' dated 23.08.2006, and the same was upheld by the Hon'ble Supreme Court in SLP (C) No.7957 of 2007.It is further stated that the NMRs rendering services in the Panchayat Raj Department approached the Tribunal in o.A.No.g0Tgof20llseekingreleaseofperiodicalincrements,andthe Tribunal by Order dated 24.11.2011 gave positive directions in the light of earlier orders on the issue; and though the Govemment filed a writ petition (W.P.No.16996 of 2012) against the orders of the Tribunal' the writpetitionwasdismissedon12.06.2Ol2;andfurthertheSpecialLeave Petition before the Hon'ble Supreme Court in SLP (C) No'37870 of 2012 alsoendedindismissal,therebytheGovemmentimplementedtheorders, vide G.O.Rt.No.468, PR & RD (PR-ID Department dated23'07'2015' by granting periodical increments. It is therefore contended that recently the Govemment of Jelangana also, vide G'O'Rt'No'l32, PR&RD (PR-II) Dept., dated iA.OZ.ZOtl, and also G.O.Rt'No'498, PR&RD (PR-II) Dept'' dated 18.07 .2018 issued orders granting annual grade increments and -/ I t, 2 wp_19126_2019 NBK,I I other benel'rts tc NMR time-scale employees by imp'lsn1sn1 ng the orders; and therefirre the petitioners pray for a direction trt th: respondent- authorities tit 1p;ln1 periodical annual grade incremerrts. n accordance with the orlrrs prrssed by the Courts in the subject rratter.
2. . Hear'C )4r. S. Satyanarayana Rao, leamr:d cou nsel for the petitioners: learted Assistant Government Pleader fcrr Se:vices-V; and Mr. T.V. Rar e-.t.. learned counsel appearing for respcndent \o.4. perused the record, irrcll,ding the judgments filed by the learned cr)unsel for the petitioners, a.r ntaterial papers to the writ petition.
3. Having r'onsidered the respective submissicns and perused the record,, it nrav br noted that the law is settled on t.he issue of grant of periodical tnnrLiLl grade increments to the NMRs r.vho ,vere granted minimum tin re r;cale by the Govemment. To quote for r,:levance, the Hon'ble Divisi., Bench of this Court in p. Khadar Basha v. State of Andhra Pratles h , passed the following Orders: "'10. ln th-. light of the above discussion, we are of the .rpinion that as th -" petitioners have been extended the minimr, m time scale, thev are entitled to addition of increments from time to time in the rninimum time scale without being entifled to;rll other allowancesr which a regular employee is entitled',
4. In yet arro.h,:r case, the Hon'ble Division Bench in \V. 11No.5556 of 2018 and bnt,;h, hy referring to the judgment of Hor,bl: Supreme Court ' zotz 161 aLo o:r 1r B; \ 3 wp-19125-2019 NBK, J in State of Punjab v. Jagiit Singh2 passed Common Order dated 23.08.2018, which reads as follows: "12. Accordingly, the Writ Petitions are allowed' The respondents are directed to grant minimum time scale of pay to the petitioners and also to add annual grade increments as and when they fell due from time to time' However, the petitioners are entitled to all the arrears from the date of filing of the O'As before the Tribunal. No costs. Consequently, miscellaneous petitions pending, if any, shall stand closed'"
5. On a perusal of the above judgments, and as the petitioners herein areonsimilarfootingaSthatofthepetitionersiworkmenintheabovewrit petitions,thisCourtisoftheviewthatthepetitionersareentitledtothe relief sought in this writ petition. Therefore, the respondent Nos'1 to 3- District Collectors are directed to release the periodical annual grade increments and other benefits,, as extended to similarly situated petitioners, strictly in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order' 6. Accordingly, the writ petition is allowed as directed above' No costs. Miscellaneous Petitions pending, if any, shall stand closed' That Ruleilis-i-has been made absolute as above. Witness THE HON'BLE THE ACTING CHTEF JUSTICE SUJOY PAUL' on this TUESDAY, THE SEVENTEEfii;IiibF JUNE TWO THOUSAND AND TWENTY FIVE '2017 ('ll scc 148 SD/.P . GOWRI SHANKAR EPUry REGISTRAR //TRUE COPY// SECTION OFFICER To
1. The District Collector, Nalgonda, Nalgonda District i. iii; 6i;i;i;i coiiector, Surlapet, suryapet.District' Ia!n3"n'!,?ti'3io l.+n:Pl*il"'"''J::::l;lt*fl ComEie*, Nalgonda, Nalgonda District p. SocietY Ltd. Collectorate Tank. H\/derir lad. State of T,;la r gana. 5, The Marragirr(, Director, SC Service, Co-Op Society ttd' DSS] Bhavan' Masab 6. The Princrpal secretary, social welfare Department {lecn:tarirt' Hyderabad' ?. 6;;"cc i , SrlT s.bnTvANARAYANA RAo, Advocale [oPUC l. - . B. i;; ddr-,o :'p Fon sEiiVicrs-v, Hish court for t6e State )f Telangana, at g. oire-ct t,i sh r V.nRvesn, Advocate [oPUC] 10.TwoCD Cof i:s Hvderaha,l IlrUT] t PSK BS 1,t I HIGH COURT DATED:1710612025 CC TODAY ) \ ORDER WP.No.191?.6 of 2019 ,1 .: ri: ' i4Y + Cf ) I t il.! ?[?5 P -=i .I 0 I ALLOWING THE WRIT PETTTION WITHOUT COSTS