1. B.Krishna v. The State of Telangana

the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents to implement the orders passed by the Hon'ble AP Administrative Tribunal in OA No.7862l2O1O dt. 2211112010 by releasing periodical increments from the date of filing of OA, pending final disposal of the writ petition. Counsel for the Petitioners: SRI P. RAGHAVENDRA REDDY Counsel for the Respondent Nos.1 and 2: GP FOR SERVICES I ,j Counsel for the Respondent No.3: SRI RAMESH CHILLA, SC FOR SERVICE MATTERS OF ALL MUNICIPALITIES, TELANGANA The Court made the following: ORDER HON,BLE MRS. JUSTICE SUREPALLI NANDA WRIT PETITI ON No.24445 oF 2020, ORDER: Heard Sri P. Raghavender Reddy, leatned counsel appearing on behalf of the petitioners, learned Government Pleader for Services-I, appearing on behalf of respondent Nos.1 and 2 and Sri Ramesh Chilla, learned Standing Counsel for Service Matters of all Municipalities, Telangana, appearing on behalf of respondent No.3.

2. The petitioners approached the Court seeking prayer as under: "...to issue Writ, order or direction more particularly one in the nature of Writ of Mandamus by declaring the action of the respondents in not implementing the orders passed by the Honourable AP Administrative Tribunal in OA No.786212010 dt. 22171/2010, the same has been confirmed by this Honble Court in WP No.2728312012 dl.6/3/2OIB for release of periodical increments from the date of filing oF the OA ls illegal, arbitrary and voilative of the principles of natural justice and consequently to direct the respondents to implement the orders passed by the Honourable AP Administrative Tribunal in OA No.786212010 dt. 22/t1/2010 by releasing periodical increments from the date of filing of OA and pass...". 2 SN. J wP 24445 2020 -1 .,1

3. The case oF the petitioners in brief, is that the petitioners were initially appointed in the years 19g6, l987 as Non_public Health Workers on daily wage basis in the 3.d respondent,s Municipalitv and later, extended minimum time scale but were not sancticned periodicar increments. The other workers who are workinq along with the petitioners were provided with the periodical ilcrements by the 1't respondent vide memo dated 01.10.2010 as per the orders of the Tribr.rnal held in OA No.791512002, dated 26.O8.2002 and the same has been confirmed lry this Court in W.p. No. 27214/2OOS and the Supreme Crturt. The petitioners filed O.A. No.7862 of 2Ol0 before the A,.p. Administrative Tribunal for release of increments from the d,ate of payment of minimum time scare and the Tribunal passed order dated 22.71.2010 directing the respondents to grant annual grade increments ro the petitioners. Subsequentll/, the respondents filed W.p. No. 27283 of 2Ol2 before this Court chailenging the said orders in O.A. This Court dismissed the same by directing the respondents to release annual gradr-' increments to the petitioners. However, the respondents lrave not yet implemented the said orders till date. 3 SN, J wP 24445 2020 Aggrieved by the same, the petitioners approached the Court by filing the present writ petition. PERUSED THE RECo RD.

4. It is the sDe ific case of the oetitioner s that. on an ched the A.P etitio r r Administrative Tribun al vid e O.A. No. 7862 of 2 O1O with praver as under: "... to declare the action of the respondents in not paying the periodical increments from the date oF minimum time scale i.e. w.e.f. 9.2.1999 along with arTears as illegal, arbitrary and voilative of the principles of natural justice and consequently direct the respondents to release the periodical increments from the date of payment of minimum time scale i.e. w.e.f. 9.2.1999 along with arrears and also to extend Revised Pay Scales of 2005, 2009"....

5. The levant oara Nos,4 5 an d 6 of the order in O.A. No.7862 of 2010 dated 22.11.201O are extracted hereu nder: '4. Admittedly, applicants' pay was fixed in the time scale, subject to regularization of their services. This question was considered by this Tribunal in O.A. No. 7915 / 2OO2 and it was held that the applicants therein, who worked as NMRs in Rajendernagar Municipality and whose pay was fixed in the minimum time scale, were eligible for periodical increments. 4 SN. J wP 24445 2020 The said order of this Tribunal was upheld by a Division Bench of the Hon'ble High Court of A.p., by an order, dated 23.O8.2OO6 in W.p.No.27214/2OOS. Similar order was also passed by another Division Bench of the Hon'ble High court of A.p. in W.P.No.15O3t/2006, dated 23,08.2006, So. the question whether the employees, whose pay is fixed in the time scate are eligible to draw the periodical increments has been decided by this Tribunal and upheld by the Hon,ble High court. Therefore, the are entitled for the periodical a pp lica nts increments.

5. It is stated by the learned counsel for the applicants that, tlr,. Tribunal, in O.A. No.7435/06 held that the applicants therein are eligible for fixation of their pay in the revised .,ay scales on the ground that when the pay of an employee, is fixed in one pay scale, whenever there is revision of pay scales, the revised pay scales must be applied to him. So, the applicants herein are also eligible for the benefit of revised pay scales. Therefore, this application is directing the respondents to

6. admitted and allowed, grant annual grade fncrements to the applicants in the time scale wherein their pay w,as fixed and also to pay the arrears. The respondents are further directed to extend the benefit of further pay revasion made in 2OO5. Necessary orders, in this regard, shall be passed by the respondents, within a period of g weeks from the date of receipt of this order,,. 5 SN, J \NP 24445 2020

6. It is further case of the petitioners that in spite of repeated request made by the petitioners for implementation of the orders passed by the A.P. Administrative Tribunal in O'A' No. 7862 of 2010 dated 22.11.2oLo, the respondents have not initiated any steps in this direction though the Writ Petition No. 27283 of 2012 preferred by the respondents herein aggrieved against the order dated 22.11.2010 passed in O.A' No. 7862 of 2010 had been dismissed vide order of this Court dated 06.03.2018. on beh

7. The I earned coun sel aoo resDo dents olaces f eliance on counter affidavit filed on behalf of 1"t resoonden t. in oarticu lar. oara Nos.7to9, and the said oaras are extracted hereu nder: a J of th e "7, It is further submitted that, the petitioners herein filed another W.P. No. 24445 of 2020 to direct the respondents to amplement the orders of the Hon'ble O.A. No 7862 of 2010 which was confirmed by the Hon'ble High Court in W.P. No.27283 of 2012, accordingly, this office vide memo dated 15.03.2024 accorded permission to implement the orders of the Hon'ble O.A.No. 7862 of 2010 and the orders of the Hon'ble High Court in W.P.No.24445 of 2020 from the date of extension of time scale to the petitioner to the date of their service regularization and the same has been reteased to the petitioners, The details are as follows: 6 SN. J wP 24445 2020 ,! Annual Grade In cre men ts sanctioned for the Feb.2000 to Mar 200 5 Apr, 2005 to lan 2010 Feb 2010 to Jan 2073 Total Feb 2000 to Mar 200 5 Apr 2005 to lan 2010 Feb 2010 to lan 2013 P. PS RPS ],999 Amount Released (in Rupees) 14,649 RPS 2OO5 6 5,896 RPS 20 10 7 ,29 ,332 2,O9,877 RPS 1999 75,577 RPS 2OO5 67 ,674 RPS 20 1O 1,31,7 a2 Total 2,15,O33 Feb 2000 to Mar 200 5 Apr 2005 to lan P 010 Feb 2010 to May 2074 .lune 2 014 to luty 2016 RPS 1999 74 ,469 RPS 2OO5 65,896 RPS 20 1O 2,78,325 RPS 2015 2,42,704 Total 5,4O,974 SI No Na me of in:rvidual -l1 Sr T. Na ra ya na Srr B. K rrsh na D. -qrin rvas I I 8, I _ is further submitted that, N4inimum Time scale was admrttedly extended to the applicants vide procgs. Roc.No. C/ 7OB)-/ 1999 dated.09.02.1999 and when matter stood thus, :he applicants approached the Hor,ble Tribunal seekina release of periodical increments from date of payment of minimum time scales and also to extend Revised pay scales of 2005. The Hon,ble Tribunal allowed the application and directed the respondents to grant Annual Grade Increments to the applicants in the time scale wherein their pay was fixed and also to pay arrears 1 SN, J wP 24445 2020 and also to extend the benefit of pay revision 2005. made in

9. The Petitioners intentionally suppressed the fact that they were regularized from prospective effect. However, pursuant to the orders of this Hon'ble Court, the respondents herein have extended the benefit of AGls and revised pay scales as applicable from date of implementation of time scale to their date of regularization, as they ceased to be Time Scale employees subsequent to their regularization and they have been receiving all the benefits on par with regular employees and have never raised any objection to the same". of the 8. The learned counsel a DDearlnq on behalf re lia nce on the Memo No. oag I Detitio ners olac s TP&E.2 2024- 1 dated 15.O 3.2()24 of the 1"t res ond e nt herei n addressed the Director of nicipal Admi istration, Telanoana, Hvderabad and the re eva nt n of the memo I extrac h reund "The attention of the Director of Municipal Administration, Telangana is invited to the reference cited' After careful examination of the matter hereby accord permission to the Director of Municipal Administration, Telangana to implement the orders of the Hon'ble APAT in O.A. No. -/862 of 2010 and the Hon'ble High Court orders in Incre ents from the date of exte nsion of time cale to P.N n tn Gr o h t 2; 8 SN, J \\,P 244,15 2020 :l u la riz ed sh n simil r/future ases. to con h h

2. The Director of Municipal Administralron, Telangana shall take further necessary action ir the matter accordingly",

9. The learned counsel appearing on behalf of the petitioners contends tnat in spite oF instructions issued by the 1.t respondent vide letter dated 15.03.2024 according necessary permission to the Director of Municipal Administration, Telangana to implemer^t the orders of the Court passed in O.A. No.7862 of 2010 and also the orders dated 19.02.2024 passed in the present Wrir Petition No.24445 of 2020, no action had been initiated by the said Authority as on date. Learned counsel appearing on behalf of the petitioner also submits that in similar circumstanc€s, the Division Bench of this Court on 25.10.2018 in W.P.No.30605 of 2018 had allowed the Writ petition considering the case of similarly placed persons and hence, petitioner is entitled for the relief as prayed for in the present Writ petition.

10. Th e inte rtm order of this Co u rt dated

19.O

2.2024 a di W.P. No 4 o20 i extra nd r t 9 SN, J wP 24445 2070 "The second respondent has filed counter affidavit on behalf of the first respondent and tried to distinguish the orders of a Division Bench of this Court in Writ Petition No.27283 of 2012 dated 06 03 2018' However, it is noticed that no Special Leave Petition was preferred before the Hon'ble Supreme Court of India against the said order and it has become final' The respondents cannot now distinguish the order of the Division Bench dated 06.03.2018 in their own way' Therefore, respondent No'2 shall comply with the above said order in true spirit and if the said order is not complied with by the next date oF hearing' respondent No'2 is directed to be present before this Court by the next date of hearing to exPla in. List the matter on 04.03 '2024' '

11. T r v n ln w.P. No 272 3 n t2 t2 fth or o 3 18 b Divisio Be ch t th sCo rt ts extr cte her und f "In view of the order dated 06'03'2018 passed by this Court in W.P. No.29649 of 2015, the present writ petition is liable to be dismissed ' The writ petition ls accordingly drsmissed' No order as to costs". t2. The learned Assistant Government Pleader' appearing on behalf of the respondents placing reliance on the averments l0 SN, J \\,P 2,1445 2020 made at para Nos.7, B and 9 of the counter affidavit filed by the 1't respondent (referred to and extracted above), contends that the petition€rrs are not entitled for the relief as sought for in the present writ petition since the respondents had extended the beneFit of AGIs and revised pay scales as applicable from the date of inrplementation of time scale to their date of regularization as they ceased to be Time Scale employees subsequent to their regularization and they have been receiving all the benefits on par with regular employees and have never raised any oojections to the same.

13. This Court opines that the plea put forth in the counter affidavit filed on behalf of Respondent No.1 is the contents in contrary to the Memo No.3O89/TP&,E.z/2024-1, dated 15.03.2024 where the 1't respondent in fact had requested the Director of Municipal Administration, Telangana, Hyderabad to implement the orders of the Andhra Pradesh Administrative Tribunal in O.A. No.7862 of 2O1O which had been confirmed by the Division Bench of this Court in W.P. No.27283 of 2012, dated 06.03.2O18 and also the interim order of this Court dated 19.O2.2024 passed in the present writ petition for i I I I I t I I I i I l i I I I r t1 SN, J \hry 24445 2020 granting annual grade increments to the petitioners from the date of extension of time scale to the date of their service regularization, subject to condition that the orders issued shall not be quoted as a precedent in other similar/f uture cases. L4. Takin q into consideration: a) The facts and circumstances of the case' b) The submissions made by the learned counsel appearing on behalf of the petitioner and the learned GovernmentPleaderforServices,appearingonbehalfof the respondents, C) The averments made in the counter affidavit filed on behatf of the 1't respondent in particular para Nos' 7 to 9 (referred to and extracted above) d) The order in O'A'No'7862 of 2OLO' dated

22.LL.2OLO on the file of the then A'P'A'T' e) The contents of the Memo' dated 15'03 '2O24 of the 1"t respondent (refered to and extracted above) f) The order, dated O6'O3'2014 passed by the Division Bench of this Court in W'P'27283 ot 2OL2' 1:-a-- . 'i l t 12 g) Interim order of this Court, passed in W.p.No.2 4445 of 2O2O. SN, J wP -24415 2020 dated 19,02.2C.24 The writ petition is altowed, directing the Respondent No.2 to take a decision on the subject issue of implementing the orders passed by the Ap Administrative Tribunat in OA.No.7862 of 2O1O, dated 22.11.2O10 as confirmed by this Court in W.p.No.272g3 of 2O12, dated 06.03.2019 for release of periodical increments from the date of filing of the said O.A. in the year 2OtO, dulytaking into consideration the contents of the Memo No. 3089/TP&E.Z/2024-L, dated 1S.03.2024 of the 1.t respondent addressed to the Director of Municipal Administration, Telangana (referred to and extracted above) within a period of two (02) weeks from the date of receipt of a copy of this order in accordance to raw, in conformity with principtes of natural justice by providing an opportunity of personal hearing to the petitioners and duly communicate the decision to the petitioners. However, there shall be no order as to costs. 13 SN, J wP 24445 2020 The miscellaneous applications, pending if any, shall stand closed sD/ . L. LAKSHMI BABU , EPUTY REGISTRAR / /TTRUE COPY// SECTION OFFICER To, P Di Building S,H issioner 1 . The Princip al Secretary' The State of Telangana' MA and UD DePartment, erabad rector of Municipal Administration' AC Guards' Secretariat 2. The Comm ongir District Hyderabad 3. The Commisslon Telangana, at 4. OneCCto Sri P CCs to GP 5. Two to Sri Ramesh Chilla, SC for Service Matters of all Municipalities' ad [OUT] Hvd 6. One CC x{!;f"[4+Hig,Jt,#i?}:".r",'* Telan ganalOPUCl TJ

7. Two CD CoPies \+ \ \ HIGH COURT CC TODAY DATED:1810312025 ORDER WP.No.24445 ot 2020 S1.ATE <\re :) C !) 19 [Ps Nll i)l l-x 611-.1pr.:1'' ALLOWING THE WRIT PETITION WITHOUT COSTS .-Ekb ,o &',