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The a P Scheduled Tribe Coop Finance Corporation Ltd, v. R Amuda

Andhra Pradesh HC7 Jul 2022WA/342/2022

Case brief

AI extract

What is this about?

Challenging a Single Judge order directing salary increments and pay fixation, the High Court held the appellant must grant identical monetary benefits and Revised Pay Scales to the respondent as those granted to a colleague named Muthu Kumar via proceedings dated 26.05.2017.

What did the court decide?

Appellant directed to grant respondent same monetary benefits and pay fixation granted to Muthu Kumar via proceedings dated 26.05.2017 within three weeks.

The a P Scheduled Tribe Coop Finance… — Pension and Retirement Benefits | Andhra Pradesh HC (2022)

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IN THE HIGH COURT OF ANDHRA PRADESH: AMARAVATI

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HON’BLE MR. JUSTICE PRASHANT KUMAR MISHRA, CHIEF JUSTICE

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HON’BLE MR. JUSTICE D.V.S.S. SOMAYAJULU

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WRIT APPEAL No.342 OF 2022

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(Through physical mode)

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The A.P. Scheduled Tribe Coop. Finance Corporation Ltd., TRICOR, rep., by its Managing Director, Hyderabad and others.

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..Appellants

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Versus

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R. Amuda, D/o R. Ramaswamy, Aged about 45 years, Occ: Sweeper Last Grade Service, O/o District Tribal Welfare Officer, Chittoor, R/o Chittoor, Chittoor District.

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…Respondent

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Counsel for the appellants : Mr. Y.N. Vivekananda, GP

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on behalf of GP for Services II.

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Counsel for the respondent : Mr. T. Balaji

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ORAL JUDGMENT

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Dt:07.07.2022

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(per Prashant Kumar Mishra, CJ)

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This writ appeal has been preferred aggrieved by the order dated 06.12.2021 passed by learned single Judge in W.P.No.8859 of 2015 directing the appellants (respondents in the writ petition) to sanction increments to the writ petitioner (respondent herein) from time to time and also pay fixation in RPS-1999, RPS-2000 and RPS-2010 and extend the monetary benefits along with arrears within a period of three (3) months from the date of receipt of copy of the order.

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The writ petitioner approached the writ Court seeking the following relief:

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HCJ & DVSSS,J W.A.No.342 of 2022

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“…..to issue an appropriate Writ, Order or direction, preferably one in the nature of Writ of Mandamus, declaring the action of the respondents herein in not considering the representations of the petitioner, latest of which dated 16.03.2015 for sanctioning increments and pay fixation in the time scale of pay of Rs.2165-4550 in Revision of Pay Scales-1999. Rs.3850-8600 in Revision of Pay Scales-2005 and Rs.6700-20110 in Revision Pay Scales-2010 and for the payment of arrears thereon as arbitrary, illegal, discriminatory and violative of principles of natural justice and seeking consequential direction to the respondents herein to sanction the increments and pay fixation from time to time and pay the arrears thereon to the petitioner herein forthwith in the interest of justice.”

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According to the petitioner, she was working as sweeper in the office of appellant No.3-The District Tribal Welfare Officer/Member Secretary, TRICOR, from the year 1989. The learned counsel for the respondent/writ petitioner informed that the writ petitioner was working since 1992. It is stated that the services of the writ petitioner as Sweeper were absorbed by sanctioning the pay fixation attached to the Last Grade Service as per the proceedings of appellant No.3 (respondent No.3 in the writ petition) vide Rc.No.TR/A1/396/04, dated: NIL, July, 2004 pursuant to G.O.Ms.No.212, dated 22.04.1994 and the orders passed in several writ petitions directing the State to implement the said G.O.Ms.No.212. It is further stated that at the time of absorbing the services of the writ petitioner, the 3^rd appellant absorbed the services of one K.T. Muthu Kumar in the post of Junior Inspector/Jr. Assistant while sanctioning pay attached to the said post. It is specific case of the writ petitioner before

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HCJ & DVSSS,J W.A.No.342 of 2022

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the writ Court that although K.T. Muthu Kumar has been allowed all the benefits pursuant to the proceedings issued in July, 2004, the writ petitioner has not been granted all the benefits attached to her post.

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Mr. Y.N. Vivekananda, learned Government Pleader, would submit that the proceedings issued in July, 2004 are not in existence and even Muthu Kumar was not granted benefits on the basis of the proceedings relied upon by the writ petitioner, but Muthu Kumar has been granted benefits pursuant to separate proceedings issued in the year 2017 vide Rc.No.A1/21/2017, dated 26.05.2017.

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In view of the submission made by the learned Government Pleader that separate proceedings have been issued to Muthu Kumar in the year 2017 granting monetary benefits along with the benefit of Revised Pay Scales, we modify the order of the learned single Judge to the effect that the writ petitioner (respondent herein) is entitled to the same benefits as have been made admissible to Muthu Kumar by way of proceedings dated 26.05.2017. The appellants shall issue proceedings in favour of the writ petitioner (respondent herein) granting similar benefits as have been granted to Muthu Kumar, within a period of three weeks from today.

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Accordingly, the Writ Appeal is disposed of. No costs. All pending miscellaneous applications shall stand closed.

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PRASHANT KUMAR MISHRA, CJ D.V.S.S. SOMAYAJULU, J

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The a P Scheduled Tribe Coop Finance Corporation Ltd, v. R Amuda

Case brief

What is this about?

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The a P Scheduled Tribe Coop Finance Corporation Ltd, v. R Amuda

Case brief

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