High Court · 2025

Petition unde? Article 226 of the constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to lssue a Writ, Order or Orders more particularly one in the nature Writ of Mandamus by declaring the impugned proceedings No. Q.180'13/1/201S-Esst. Dated 27.04.2015 issued by the 1st respondent as illegal, null and void and consequently direct the respondents to pay a sum of Rs.'l0,000/- instead of Rs.4,0001 PM to the petitioner towards the remuneration for the census duty of the petitioner from January 2010 to June 201 1 on par with similarly situated retired employees of other districts, by holding the action of the respondents in rejecting for payment of the remuneration amount of Rs.10,0001 instead of Rs.4,000/- to the petitioner Ior i is census work is as illegal, arbirrary. subversive of Artic t:; 14,16 and 21 ol the Constitution of Incli;r. di,;criminatory and l.A. NO: 1 OF 2Ct16 IVPMP. NO : 6686 O F 2016) Petition trrdc;r Sectron i Si CpC praying that in the. crrcumritances stated in the affidavit file: in : Lrpport of the petition, the High Cou.t rnay be pleased direct the respondents, to ltay the remuneration of Rs..10,000/_ i.tstead cl Rs.4,0001 pM to the petitioner 1'or * e census work during the year 201Q.2ct11 by suspending the operation of the irpugned proceedings No. C.1,Lt13it1l,,2O. S-Esst. Dated 27 .04.2Q15 issur:d h y the 1st respondent. Counsel for the petit oner: SRI CH JAGANNATHA RAO Counsel for: the Respondent Nos.1 and 2: M/S N.V.R. RJYA, [_AB;SHMI Counsel for the Res;condent No.3: Gp FOR REVENUE Counsel for the liesp:ndent No.S: SRI MD, NAVEED KHAN, AGP FOR FINANCE AND PLANNING The Court made the lirllowing: ORDER HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR Writ Petitio n No.5241 of2016 ORDER Questioning the action of respondent No' I in issutng impugned proceedings No.C. 18O 13/ 1/2O l5-Esst dated 27.O4.2O15 issued by respondent No.1 as illegal and arbitrary and to consequently direct respondents to pay a sum of Rs.10,OO0/- instead of Rs 4,000/- PM to the petitioner towards the remuneration for the census duty of the petitioner from January 2O I O to .lune 2O 1 1 on par with similarly situated retired emploYecs of other clistricts, by holding the acLion of respondents in rejectrng for payment of the remuneration amount of Rs.1O,OOO/- inslead of Rs.4,000/- to the petitioner' the present rvrit petition is filed.

2. The facts of the case in brief as stated are that the petitioner along u'ith others who are the retired School Assist:rnts lr'ere eneagecl lor census work from 01'01'2010 to June, 20 I l. They rn'e rc pard with a meagre amount of Rs.4,0O0/ - per month. The petitioner relies on the G.O.Ms.No.187 dated 26.O5.2O1O, whereby the retired School Assistants, rvho were engaged lor census work' shall be sanctioned with Rs. l),ggol- - Rs 31,550/- scale of pay' As such, petitioner is enlitled lor an amount of Rs' 1O'O0O / - pet 2 month. I11 llat view of the matter, the peL;tior t: ras made represeltttrtr:,n to respondent authorities on 2l 1, It) 10 and 29.O4.21)1 l. Srr-rce, no rcsponsc r,l,as forthcrrrLtr i11, petitioner along w ,h l lLree (3) other hled O.A.No.6 768 o1.201.t c n the file of Andh:a l)r:desh Appellate Tribunal for paynreer rtl. lifference amounl.. TI r, 'lribunal rtide order datecl 2g. 1 1_ 2t) I + di,;posed of the said O. I, rn'ith a direction ro lhe respondent rrrLthorities to considcr []-r representation of the pctition,lr a rti pass appropri .r tt: rrders within a pcriod of fou - (zt) v .eeks in accordarce ,,.ith rules and therr cligibilrtl . .l,l respondent :i tthorities rejected lhe claim o[ tltc pettt oner lor payment o1' ?s. 10,000 I - and passed impugrLccl p ro :eedings No.C.18Ol3r i i:2O15-trsst, datcci 27.O4.2O15.,lhaLl,:n,{ing the said proc,:ed.r-gs, thc present \,vrit pctition is lilerl. erderfter, . 3. IrL rlrr said impugned proceeclings daLcd rtT.(J4.201.5, it is statecl thz Lt the then Govern men t of Arrdhra ljr:rclt sh has issued orclt,rs uide G.O.Ms_No.3g3 datec '; (t.O7 .2a 10 , G.O.Ms.No.6!rt clated Og.12.2O10 and G.O.Ms;.\o.5 2( da ted 29.o8.2olJ s:r rctioning honorarium to alr the (jerr;Lrs dealing assistants @ Rs.a,000/- per month for a period of 1J .nonths from 01.C t.20I0 to 30.06.2O11 and according,v paicl the honorariurrr cr, r[] the concerned accordingly. It is 1r-rrtlLer stated that thoug . [irr rer were instructions from Registrz.r l]r__rret al and J Census Commissioner of India for engagement of retired employees against the temporary posts for Census-2O11, in the event of non-availabilit)' of regular staff to the post on deputation basis against the Census pdsts, the Government of Andhra Pradesh issued memo on 08.03.2010 and have issued instructions to a1l the Collectors and Commissioners to post the best available staft in the District and Mandals for Census work' but not issued any specihc instructions to appoint the retired employees for Census work in the District/ Mandals etc ln the absencc of artv spccilic orders by the Government of. Andhra Pradesh for engagemcnt of re tired employees of Census 2oll' ' engagement of Collector/Tahsildar/Commissioners of Municipalities is not permissible and hcnce the question of payment of remuneration retired officials by @ Rs.1O,0OO/- per mon[h as claimed by the applicants cannot be acceded to. Accordingly the Joint Director disposed of the representations as thcre are no merits'

4. Learned counsel for the petitioner submits that no personal opportunity of hearing was given and that the petitioner is cligiblc for enhanced rcmuneration in terms of G.O.Ms.No.187 d'ated' 26.O5.2O1O. The said G'O' was issued for seeking clerical assistance to Districts and other establishment in the State in connection with Census of India 2O 11 for 4 creation oI I rmporary posts al-rd orders urere isrst1561 2, cordingly. Learnec coi_l..rsel u,ould furtlicr subrnit ihat as pcr Ltte saicl G.O. 68 posts t ,: c sanctioned for pay scale Rs. 10,(lOO 3 ,5OO and that sin:e 1:r Litioner herein being a retircd Schoor \-lsjst,ant, the respondrnr : uthorities ought to have conside rc,l I tr as UDC (Sr.Asstsr!:tr t and sanctioned the pay scrrl,. its per G.O.Ms. rto I rr7 dared 26.O5.2-O10.

5. Ilr. i: -cl learned counsel on eithcr si,lc Fcr tse d the record

6. - is tcrtinent to note that in the spcerl<rrLg order dated 27.04.20 15, there was no rcference to G.C).Ms.Nrr. lt7 datecl 26.05.2O O irr d no opportunity o[ pcrsonal h::arrn13 ,,.,;Ls granted to the petitir,rcr to put forwarcl his casc. J.rris (.orLrt i; of the view that res: rr,nclent No. 1 otrght to havc gran ted an o rtl )rtuntty of person,t l I rr, a ring to the pe titioner and therc a lL( r. o ught to havc issut,l 1 .,...eedings.

7. In srrcI-L vicw of the matter, the impugned prrc,:eclings in Proc.Nc.C. 1ttO13/1/2O1S-Esst, cJaLecl 27.O4.)Ol S is hercby set aside and t re matter rs remanded back to respo rrlerLt No.1 for fresh co,s i,l_-ration. Respondent Nos. 1 and 2 ,,,,-,: d re:tccl to consider th:: tr1 plicability of G.O.Ms.No. 1g7 datt,cl j6.Oli.2O1O l as far as petitioner's case is concerned and if the petitioner 1s otherwise eligible for remuncration of Rs. 10,00O/- as per G.O.Ms.No.187 dated 26.O5.2O1O, considering the sarne, shail pass appropriate orders within a period of two (2) months from rhe date of receipt of a copy' of this.

8. With the above observations, this writ petltlon 1s disposed of. As sequel to it, Miscellaneous Petitions, il any pending, shall stand dismissed- There shall be uo order as to costs //TRUE COPY// SO/. A. SREEN IVASA REDDY ISTAN T REGISTRAR A SECTION OFFICER To, g 0 Sadan, Sultan Bazar, Hyde rabad. 500 095 1 . The Joint Director of Census OP eration, O/o The e Officer and Commissi oner, Jagityal Municipality, Karimnagar 5 327 rector of Census Operation, Telangana State, 1st Floor, Kendriya Sa dan. Sultan Bazar' Hvderabad 500 095 2. The Director of Census OP eration. Telangana State, l st Floor' Kendriya 3. The District Collector, Karimnagar' Karimnagar District' 505 001 4. The Char District. 5 5. The PrinciPal Secrgtary' Finance (SMPC) Department, Telangana Secretariat' 6. One CC to Sri CH. Jaga nnatha Rao, Advocate [OPUC] T Two CC to The GP fqr Fi nance and Planning, High Court for the State of 8Two CC to The GP for Home, H igh Court for the State of Telangana' at L One CQ to M/E N V.R. Rajya Lakshmi, AdvocatelQPUCl 10.Two CC to The GP for Revenue The State of Telangana' Hyderabad.500 022 High court for the State of Tqlangana, at Telangana, at Hyderabad lourl Hvd erabadIOUT] Hyde rab2d[QPT] D Copies 1,TWO C 1 TJ SS R"V". HIGH COI.JRT DATED:17',t03t2025 ! :t ( ORDER WP.No.5241 crt 2016 ( ) () ,' ,aa4 r '1"t 'cr' ra4 i! 11 tliY il25 IJ )Ft :,1 6 Hc- ,o t /) 9. i a DISPOSING OF THE WRIT PETITION WITHOUT COSrS ?(q, zel9lN