Petitioners challenged withdrawal of time scales sanctioned in 1998 after earlier High Court orders. Respondents furnished later proceedings showing both petitioners had been promoted to Junior Assistants with time scales attached, so no further orders were needed.
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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI
(Special Original Jurisdiction)
FRIDAY, THE THIRTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SMT JUSTICE V.SUJATHA
WRIT PETITION NO: 41623 OF 2015
Between:
...PETITIONERS -
AND
...RESPONDENTS
Petition under 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 issue a Writ Order or Direction more particularly one in the nature of Writ of Certiorary call for the records relating to the impugned
4
I.A. NO: 1 OF 2015fWPMP. NO: 53723 OF 2015)
Petition under Section 151 CPC praying that in thecircumstances stated in the affidavit filed in support of the petition, the High Court may be pleased suspend the impugned Proceedings No.143/A1/98, dated: 30-11-2015, issued by the 3'^^ respondent herein and consequently direct the respondents to continue the pay in time scales granted dated: 30-11-1998, pending disposal of the above writ petition.
I.A. NO: 1 OF 2016fWVMP. NO: 279 OF 2016)
Between:
...PETITIONERS/RESPONDENTS 1 to 4
AND
...RESPONDENTS/PETITIONERS
Petition under Section 151 CPC praying that in thecircumstances stated in the affidavit filed in support of the petition,theHighCourtmaybe pleased to vacate the interim Order dated 04.01.2016passedinW.P.M.P. No. 53723/2015 in W.P.No.41623/2015 in the interestof justice
Counsel for the Petitioners: SRI RAMALINGESWARA RAOKOCHARLA KOTA
Counsel for the Respondent Nos.1 to 4: SRI V. CH. NAIDU,SCFOR APEWIDC
The Court made the following; ORDER
1
APHC010604542015
6'
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)
[3333]
FRIDAY ,THE THIRTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SMT JUSTICE V.SUJATHA
WRIT PETITION NO: 41623/201fi
Between:
Sk.rafi, Guntur Dist And Another and Others
...PETITIONER(S)
AND
M D A P Education Welfare Infrastructure Devp Corp Hyd ...RESPONDENT(S) and Others
Counsel for the Petitioner(S):
1.RAMALINGESWARA RAO KOCHARLA KOTA
Counsel for the Respondent(S):
1.VCH NAIDU
2.G VS KISHORE KUMAR
The Court made the following:
2
ORDER:
This petition is filed under Article 226 of the ConstitutionofIndia,seeking
the following relief:
“to issue a Writ, Order or Direction more particularlyoneinthenatureofWritof Certiorary call for the records relating to the impugned Proceedings N0.143/A1/98 dated 30.11.2015, wherein withdrawingthetimescalessanctioned to the petitioners herein by the Collector/Chairman vide Proceedings N0.143/A1/98 dated 30.11.1998 while implementation of the orders dated 28.7.1998 of the this Hon’ble High Court and confirmedthesameordersinW. P. No.6142/1998 and W.P.No.1646/1995 and Batch 17.1.2001,whichwerebecame final and without testing the validity of above judgmentsandwithoutanyvalid new reason withdrawal of the time scales to the petitioners herein after 17 years of service as illegal, arbitrary and discriminatoryandtheimpugnedproceedings are liable to be quashed and consequently direct the respondentstocontinuethe payment of time scales granted vide Proceedings 143/A1/98dated30.11.1998to the petitioners.."
- The case of the petitioners, in brief, is that the petitioner joined as N.M.R. Work Inspector in the District Scheduled CasteCo-operativeSociety Limited and posted to Narasaraopet, Sub-Division on20.09.1986andthe2 nd petitioner is also working in the same cadre since1991,ondailywagesunder the 4"^ respondent herein. When the respondents didnotconsiderthelong pending request of the employees of the Society for regularization, the petitioners along with others approached this Courtbyfilingseparatewrit petitions, vide W.P.Nos.16961 of 1998 and 17898 of1998respectively.Said Writ Petitions were disposed of along with W.P.Nos.6142of1998andBatch and the operative portion of the said judgment readsasunder:
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In view of the pronouncement of the Supreme Court, the respondents are directed to regularize the services of the petitioner as Non-Technical Work Inspector from the date the petitioner completed five years. They should also be paid wages to the petitioner on par with the wages paid to the permanent employees of that category, of course, the petitioner has to fulfill the other conditions laid down in G.O.Ms.no.212. However, it is made clear, as per condition No.6 of the said G.O., if there is no vacancy in the parent Department his case may be considered for absorption wherever the vacancy is available. With the above directions, the Writ Petition is disposed off. No costs.”
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- While so, when the respondents initially issued theproceedingsdated 29.08.2000 withdrawing the Pay scales granted to the petitioners vide proceedings dated 30.11.1998 without any notice, challengingthesamethe petitioners filed a Writ Petition No. 16726 of 2000,whereinthisCourtgranted interim suspension of the withdrawing orders dated29.08.2000andthereafter the Writ Petition was allowed by this Court, vide judgmentdated22.09.2015 by setting aside the proceedings of the respondentinRc.No.143/98/A1, dated 29.8.2000 by directing the respondents to issuenoticetothepetitioners and thereafter proceed in accordance with law. Accordingly,therespondents issued a show cause notice to the petitioners videMemodated4.11.2015 calling for explanation for withdrawing the pay scales,forwhichthepetitioners have submitted their explanation dated 19.11.2015 to the respondents, requesting to continue the pay of time scales dulyconsideringthepresentage and health issues of the petitioners. But the 3 respondent, without considering the explanations submitted by the petitioners, issued the same proceedings No.143/A1/98 dated 30.11.2015 withdrawing the time scales granted to the petitioners, without assigning any reasonafterlapseof17 years. Challenging the said proceedings, present WritPetitionisfiled.
Managing Director, APEWIDC, Amaravti, dated 16.12.2020 as per which it discloses that the petitioners were promoted to the post of Junior Assistants i r.n the Category V of Rule 3 of APEWIDC Employees, 2013 and were also extended the time scale of Pay attached to the said post in the existing vacancies, In view of the same, this Court is of the opinion that no further orders are necessary in the matter.
- Accordingly, the Writ Petition is closed. No costs.
As a sequel, miscellaneous applications pending if any, shall also stand
closed.
GOWRI assistant registrar //TRUE COPY//
To
SECTION OFFICER
1- OneCCtoSrir Ramalingeswara Rao Kocharla Kota, Advocate [OPUCJ 2. One CC to Sri V. Ch. Naidu, Advocate fOPUCJ 3. Three CD Copies.
ssb
HIGH COURT
DATED:13/09/2024
ORDER
WP.No.41623of2015
g 0 1 Af R 2?]?5 I
^ Current Snetinn
^V^SPATCN^*^
CLOSING THE W.P. WITHOUT COSTS
1 issue framed by the court
Whether the proceedings dated 30.11.2015 withdrawing the time scales granted to the petitioners should be quashed.
3 provisions across 3 enactments
SK.Rafi
B. Ravi Kishan
The Managing Director, A.P. Education & Welfare Infrastructure Development Corporation
The Superintending Engineer, Guntur Circle, APEWIDC
The Executive Engineer, APEWIDC
The Deputy Executive Engineer, APEWIDC
V.Sujatha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
