High Court · 2025

Judgment

1. The State of Telangana, rep. by its Principal Secretary, Home (Ser.lV) Department, Telangana Secretariat, Hyderabad 2 3 4 The Director of Sainik Welfare, Sainik Aramgarh Complex, Suryanagar Colony, Somajiguda, Hyderabad The State of Telangana, rep. by its Principal Secretary, Finance (HRM.lll) Department, Telangana Secretariat, Hyderabad The Union of lndia, tVinistry of Personnel, Public Grievances and pension, Departm_ent of Personnel and Training Rep. by its Secretary, North Block, Central Secretariat, New Delhi - 110 001 ...RESPONDENTS

Petition under Article 226 ot lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, to call for the records relating to issuance of the impugned proceedings in Memo No. 300/Ser.lV/A112018 dated 2O106t2018 of the 1st respondent and consequential memo dated 01/0g/2018 of the 2nd respondent, declare the same as illegal, arbitrary, discriminatory and u nconstitutional, set aside the same as such and consequently direct the respondents to fix scale of the petitioner in terms of G.O. Ms. No. 67 dated 2010311986 r/w G.O. Ms. No. 95 dated 0310412012 further also in terms of guidelines issued by the DOpT from time to time with all consequential benefits immediately 7 IA NO: 1 OF 2018 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 impugned proceedings in Memo No. 300/Ser.lVlA1l201B daled 2010O12018 of the 1st respondent and consequential memo dated 01/09/2018 of the 2nd respondent duly directing the respondents to fix scale of the petitioner in terms of G.O. Ms No 67 dated 2010311986 r/w G.O. Ms. No. 95 dated 0310412012 further also in terms of guidelines issued by the DOPT from time to time forthwith, pending disposal of writ petition Counsel for the Petitioner: SRl. K RAM REDDY Counsel for the Respondent No.1: GP FOR HOME Counsel for the Respondent Nos.2&4: SRl GADI PRAVEEN KUMAR DY. SOLICITOR GENERAL OF INDIA Counsel for the Respondent NO.3: GP FOR SERVICES lll The Court made the following: ORDER THE HON'BLE SRI JUSTICE PULLA KARTHIK WRIT PETITION No.32469 OF 2018 ORDER: This Writ Petition is filed, under Article 226 of the Constitution of India, seeking the following reliel ".-.to issue an appropiate WiL Order or Direction, more particularly one in tlv nature of Wit of Manddmus, to catl for the records rellJting ta issuance of the impugned proceedings in Memo No.3OO/ Ser.M/A1/ 2O18 dated 2O/06/2018 of the ld reipondent and coftsequential tuetno dated O1/O9/2018 of the 2*t respondent, rleclare the same as illegal, arbitrary, di.sciminatory artd unconstitutional, set a-side the same as such and con-sequentlg direct the respondents to ftx scale of the petttioner in terms of G.O. Ms. No.67 dated 2O/O3/ 1986 r/Lu C.O.Ms.No.gS dated O3/O4/2O12 further also in temls of guidetines issued bg the DOPT Jron time to tine uitlt all consequential betLelits immcdiatelg and to gronl.-."

2. Heard Sri K.Ram Reddy, learned counsel for the petitioner; learned Government Pleader for Home for respondent No. 1; learned Government Pleader for Services-Ill for respondent No'3; and Sri Gadi Paveen Kumar, learned Deputy Solicitor General of India, for respondent Nos.2 and 4.

3. Learned counsel for the petitioner submits that the petitioner served in Armed Forces as Short Service Commissioned Officer for five years i.e., from 05.10.1998 to 04.1O.2O03. Thereafter, he was selected and appointe d. as Zrlla Sainik Welfare Officer/ Placement Officer on 05.08.2011 with minimum time scale attached to the said post i.e., Rs. 16, 15 O I - pet month. Thereafter, the petitioner has made a representation before the respondents requesting to hx his pay scale in terms of G.O.Ms.No.67 dated 20.03.1986, 2 PK,J Wp-32469-2018 G.O.Ms.No.9S dated 03.04.2012 and also in terms of guidelines issued by DOPT from time to time. Without considering the same, the respondents have rejected the representation of the petitioner uide impugned Memo, dated 20.06.2018. It is further submitted that a similar issue came up for consideration before the Division Bench of this Court in W.P.No.9586 of 2O15 and uide order, dated

31.O8.2O23, the Division Bench has held that the earlier policy of extending the benefit of additional increments to the Emergency Commissioned and Short Service Commissioned Officers in G.O. Ms.No.67, dated 2O.03.1986, was taken into account by the State Government and extended the same benelit to all the ex- servicemen irrespective of the rank/post held by them in the Military Services, uide G.O.Ms.No.95, dated 03.O4.2012. Therefore, learned counsel requested this Court to pass similar order in the present Writ Petition also. The same is not seriously disputed by the learned counsel for the respondents.

4. In view of the above submissions and for the reasons alike in the order ol this Court in W.P.No.9586 of 2015, dated 31.08.2023, this Writ Petition is allowed setting aside the Memo No.300/Ser.lV /A1 /2OI8, dated 20.06.2018, issued by respondent No. 1 and its consequential memo No.363lO2/Adv INCR/2015- A(Estt), dated 01.09.2018, issued by respondent No.2 and the 7 \ To, 3 PK,J Wp,32469 2o18 respondents are directed to fix the scale of the petitioner in terms of G.O.Ms.No.67, dated 20.03.1986 read with G'O'Ms'No'95' dated 03.O4.2012, as expeditiously as possible, preferably within a period of lour (4) weeks from the date of receipt of a copy of this order' Miscellaneous petitions pending, if any, shall stand closed' There shall be no order as to costs. SD/.P. PADMANABHA RE DY ASSISTANT REGIS R //TRUE COPY// SECTION OFFICER 1- The Principal Secretary, Home (Ser.lV) Department, Telangana Secretariat, Hyderabad

2. The Director of Sainik Welfare, Sainik Aramgarh Complex, Suryanagar Colony, Somajiguda, Hyderabad

3. The PrincipaI Secretary, Finance (HRM.lll) Department, Telangana Secretariat, Hyderabad

4. The Secretary, Union of lndia, Ministry of Personnel, Public Grievances and Pension, Department of Personnel and Training North Block, Central Secretariat, New Delhi - 1'10 001

5. One CC to SRl. K RAM REDDY Advocate [OPUC] 6. One CC to Sri Gadi Praveen Kumar, Deputy.Solicitor General of lndia [OPUCI 7. Two CCs to GP for Home, High Court for the State of Telangana at Hyderabad. [OUT]

8. Two CCs to GP for Services-lll, High Court for the State of Telangana at Hyderabad. [OUTI Two CD Copies I KKS BS G. I I HIGH COURT DATED:0510212025 ORDER WP.No.32469 of 2018 C]C TODAY lHE s t4 14. o( 7r* () 11rEB m (r ?' )" t ATF c { /,r , ALLOWING THE WRIT PETITION WITHOUT COSTS , \ V