Ch.Adaiah vs State Of Telangana

This writ petition is filed by the petitioner seeking a writ of mandamus declaring the action of the first respondent, in rejecting the petitioner’s request for pay protection on the analogy to orders in GO RT No.222, dt.08/05/2013, issued in respect of similarly situated officers working at Nalgonda, vide memo No.2312/For.II(1)/2016 dated 29-08-2016 and 16.10.2017 as illegal, arbitrary and discriminatory and to consequently direct the department and the respondents to extend the same benefit to the petitioners herein.

Brief facts of the case leading to the filing of the present writ petition are that the petitioners were all initially appointed as forest guards (re-designated as forest beat officers). During the year 1992, some of the petitioners were promoted as forest section officers, while few others were promoted as forest beat officers. It is submitted that the relief claimed in the writ petition by all the petitioners is one and the same and that there is no conflict of interest.

It is submitted that as on 1.4.1993, the pay of the petitioners pay was fixed in the scale of 950-30-1250-35-1670. Upon introduction of revised pay scale vide GO (P)No.162, Finance and planning (FW:PC-1) Department dated 20.5.1993 granting monetary benefits with effect from 01.04.1993, the petitioners exercised their option to fix the revised pay scale from the date of their next increment. Accordingly, pay fixation was done at Rs.1895/- and after sanctioning of increments for the years 1994-95, their pay was revised to Rs.2015/-. It is submitted that on 19.1.1994, the Govt. issued orders in GO (P).No.18 Finance and Planning (FW-PC-1) Department. The revised pay scale of 1993 with effect from 1972 with monetary benefits from 01.04.1993 orders were also issued for protection of the emoluments drawn in the pre revised pay scales in respect of employees who were appointed after 01.07.1992 and for whom fixation of rules of APRS of pay scales of 1993 do not apply. Thereafter, an amendment vide GO (P)No.92 Finance and Planning (FW-PC-1) Department dated 12.3.1994 was issued, holding that the protection of emoluments drawn in the pre revised pay scales in respect of the employees who were appointed after 1.7.1992 but before 20.5.1993 and for whom fixation rules of APRS of pay rules 1993 do not apply. Following the same, the respondents have cancelled the pay fixed as on 1.7.1992 and held that they are not eligible to opt the next date of increment for pay fixation. Accordingly, the pay of the petitioners was fixed in the scale of 1535-2840 i.e. reducing it from Rs.1839.

It is submitted that the petitioners had made representations to the authorities and since there was no response, the petitioners thereafter filed OA No. 699 of 1997 in Andhra Pradesh Administrative Tribunal, which was disposed of by an order dated 12.02.1997 restraining the respondents from effecting recovery, with liberty to the respondents to take action against the petitioners after affording opportunity of hearing to the petitioners. Similar orders were also passed in OA No.7891 of 1997 and other O.As. by orders dated 24.12.1997.

It is submittted that Vide Memo 1097/For.V/2002-2 dated 29-04-2009, has permitted the second respondent to effect recovery after issuing show cause notice to the affected parties, subsequently, the Government issued orders in favor of the officers working in Nalgonda District under GO RT No.222, dt. 8.5.2013. In view of the same, the petitioners made representations on 15.1.2016 and 17.10.2016 stating that similarly placed individuals and others who were appointed subsequent to the dates of appointment of the petitioners have been extended the benefit of revised pay scales and the Government was requested to extend similar benefit to them also. They referred to the orders of the government in GO RT No.222, Environment, Forests, Science and Technology (FOR.V) Department, dated 08.05.2013. It is submitted that vide orders dated 29.08.2016 and 16.10.2017, Government rejected the claim of the petitioners respectively. Challenging the rejection memo, the present writ petition is filed.

The learned counsel for the petitioners while reiterating the submissions made in the writ affidavit, submitted that the officers at Nalgonda, to whom relief has been granted under GO RT No.222, dt.8.5.2013, are similarly placed as the petitioners and are also discharging the same functions as the petitioners herein and therefore, the government cannot reject the claim of the petitioners without demonstrating as to how the case of the petitioners is different from the similarly placed officers in Nalgonda. He submits that the rejection order dated 29.8.2016 and 16.10.2017 are clearly discriminatory and therefore violative of articles 14 and 16 of the Constitution of India.

The learned Government Pleader, on the other hand, relied upon the averments made in the counter affidavit stating that the orders of the government issued in GO RT No.222, dated 8.5.2013 are not applicable to the petitioners herein, as it pertains to the forest department of Nalgonda District and does not apply to the employees of the District Forest Officers, Mahboobabad.

Having regard to the rival contentions and the material on record, it is noticed that the Government of Andhra Pradesh has considered the case of the persons who are similarly placed as petitioners herein and were working in Nalgonda District for protection of their pay and has issued GO RT No.222, dt.8.5.2013. The petitioners are working in a department of forest, Mahaboobabad under the very same Government. The Government, therefore cannot take a contradictory stand in the case of the petitioners on the ground that the earlier order in favour of the Nalgonda district officers was passed by the Government of Andhra Pradesh and the present representation is made to the Government of Telangana. The Government of Telangana is the successor to the Government of Andhra Pradesh after the bifurcation of the State into the States of Andhra Pradesh and Telangana. The officers/employees who have worked under the erstwhile combined AP Government are now the employees of the Telangana State Government and the actions/the liabilities of the erstwhile Government are to be honoured by the Government for the State of Telangana. The rights and responsibilities of the erstwhile Government are to be extended by the Government of Telangana and accordingly, if a benefit has been extended to some of the employees, albeit to the employees of one District, the same has to be extended to the employees of other Districts as well particularly, since they also have been agitating for the same relief from 1993 onwards. In view of the same, this Court deems it fit and proper to set aside the order of rejection in memo no.2312/For.II(1)/2016, dated 29.08.2016 and 16.10.2017 and direct the respondents to extend the benefit to the petitioners herein as done by the Government of Andhra Pradesh in GO RT 222, dt. 8.5.2013.

The writ petition is accordingly allowed and the consequential benefits shall be paid to the petitioners within a  period of 90 days from the date of receipt of the copy of this order in accordance with law.

Miscellaneous applications, if any pending, shall also stands closed.