Disposed

Afzal Shaw, v. The State of Andhra Pradesh

Andhra Pradesh HC8 Jul 2024WP/5601/2024

Case brief

AI extract

What is this about?

This writ petition sought mandamus declaring denial of time scale benefits illegal and violative of Articles 14 and 16. The High Court disposed of the petition at the admission stage by consent, granting liberty to petitioners to seek representation under Jagjit Singh's guidelines.

What did the court decide?

Liberty granted to petitioners to make representation to respondent Nos.2 to 4 for extension of time scale within two weeks for consideration within four weeks.

Afzal Shaw, Vs The State of Andhra… — Pension and Retirement Benefits | Andhra Pradesh HC (2024)

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction)

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TUESDAY, THE NINTH DAY OF JULY TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HON’BLE SRUUSTICE SUBBA REDDY SATTI

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WRIT PETITION NO: 5601 OF 2024

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Between:

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Afzal Shaw, S/o. MD.AIi, Aged about 51 years, Occ NMR Computer Operator, (Now working as Typist in sanctioned and clear existing vacancy) O/o. Krishna District Schedule Casts Services Co-operative Society limited, Krishna District at Machilipatnam. R/o.Dr.No.24/333 Ramanaidupeta, Jenda street, Machilipatnam.

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V Suresh, S/o. Satyam, Aged about 57 years, Occ; NMR Section Writer, (Now. working as Sr Assistant in sanctioned and clear existing vacancy) O/o Krishna District Schedule Casts Services Co-operative Society limited, Krishna District at Machilipatnam. R/o. Dr 20/532 Parasupeta, Machilipatnam.

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...PETITIONERS

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AND

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^ Andhra Pradesh, Rep.by its Principle Secretary, Social yVelfare Department, Secretariat, Velagapudi, Amaravati,^Guntur District.

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The A.P.Schedule Caste Co-opei'ative Finance Corporation Ltd, Rep. by Its Vice-Chairman-Cum-Managing Director, Amaravati.

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The District Collector and Chairman, Krishna District Schedule Caste services Co-Operative Society Limited, Krishna District at Machilipatnam,

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The Executive Director, Krishna District Schedule Castes Services Cooperative Society Limited, Krishna District at Machilipatnam.

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...RESPONDENTS

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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 or order more particularly one in the nature writ of mandamus or an appropriate writ or order declaring the action of the

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^ respondents in not extend the benefit of the time scale to the petitioners on pa/with similar regular employees is Jllegal, arbitrary, unjust and violative /^6f v|Vffi.cle 14 and 16 of the Constitution of India and contrary to the i passed by the Hon'ble Apex Court in Civil Appeal^No.213of2013 ihd batdh dated.26.10.2016 in State of Punjab and others Vs Jagjit Singh and ojhers and consequently direct the respondents to extend the benefit of the minimum time scale to the petitioners on par with similar regular employees with all consequential benefits.

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lA NO: 1 OF 2024

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the respondents to extend the benefit of the . minimum time scale to the petitioners on par with similar regular employees keeping in view of the judgment passed by the Hon'ble Apex Court in Civil Appeal No.213 of 2013 and batch dated.26.10.2016 in State of Punjab and others Vs Jagjit Singh and others pending disposal of the Writ Petition.

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Counsel for the Petitioners : SRI G. SRINIVASULA REDDY

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Counsel for the Respondent No.1 : GP FOR SERVICES II

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Counsel for the Respondent Nos.2 to 4 : SRI BABUJI TENNETI

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The Court at the stage of admission made the following:^ORDER

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'd *

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IN THE HIGH COURT OF ANDHRA PRADESH: AMARAVATI

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HONOURABLE SRI JUSTICE SUBBA REDDY SATTI

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WRIT PETITION No.5601 of 2024

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Afzal Shaw, S/o MD Ali, aged about 51 years, Occ : NMR Computer Operator (Now working as Typist in sanctioned and clear existing vacancy), O/o Krishna District Schedule Caste Services, Co-operative Society Limited, Krishna District at Machilipatnam R/o Dr.No.24/333, Ramanaidupeta, Jenda Street, Machilipatnam and another.

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... Petitioners

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Versus

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The State of Andhra Pradesh, Rep. by its Principal Secretary, Social Welfare Department, Secretariat, Velagapudi, Amaravati, Guntur District and three others.

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Counsel for the petitioner : G. Srinivasula Reddy Counsel for respondents : GP for Services -II and Sri Babuji Tenneti :: ORDER ::

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This writ petition is filed seeking the following relief:

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“... to issue a writ or order more particularly one in the nature of writ of mandamus or an appropriate writ or^order declaring the action of the respondents in not extending^the benefit of the time scale to the petitioners on par^withsimilar regular employees is illegal, arbitrary, unjust and^violativeof Article 14 and 16 of the Constitution of India and contrary to the judgment passed by the Hon’ble Apex Court in Civil

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SRSJ WP No.5601 of 2024

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Page 2 of 5

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'jSl.

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dated 26.10.2016 in State No.213 of 2013 and batch Appeal Singh and others and and others Vs. Jagjit of Punjab extend the benefit of consequently direct the respondents to with similar scale to the petitioners on par the minimum time with all consequential benefits and to pass regular employees such other order or orders ...

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. Srinivasula Reddy, learned counsel for the 2. Heard Sri G learned Assistant Government petitioner; Sri T. Bheemanna No.1 and Sri Babuji Pleader for Services-ll, for respondent counsel for respondent Nos.2 to 4. Tennati, learned standing

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would submit that counsel for the petitioners 3. Learned No.1 initially as respondent No.3 appointed petitioner ior Assistant and petitioner No.2 NMR/Operator, equivalent to Junior 02.10.1997 and as Section Writer. Petitioners joined the duties on been discharging duties in 05.06.1998 respectively and they have of respondent No.4. Presently, petitioners are the office Assistant, respectively. Typist and Senior discharging duties as were appointed against further submit that petitioners He would not considered in sanction posts. When petitioners’ case was Planning (FW.PC.lll) G.O.Ms.No.212 Finance and terms of filed W.P.Nos.7587 dated 22.04.1994, petitioners Department were disposed of 2004 respectively and the same and 7588 of

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Page 3 of 5

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SRSJ WP No.5601 of 2024

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(

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directing the respondents therein to consider petitioners’ application for regularization. The present writ petition is filed since respondents did not extend Minimum Time Scale^interms

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of State of Punjab and Others v. Jagjit Singh and Others*.

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Learned standing counsel, per contra, would contend^that petitioners were engaged as Data Entry Operator and^Section Writer, on 02.10.1997 and 05.06.1998 respectively, on daily wages. There are no sanctioned posts of Data Entry^Operatoror Computer Operator. He would further contend that minimum^time scale was extended to the persons appointed on or before 25.11.1993. He would also submit that petitioners did^notmake any representation requesting the authority to extend^minimum time scale and if' petitioners make representation to extend minimum time scale, the same will be considered by the respondent authorities, in accordance with law.

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In reply, learned counsel for the petitioners would^submit that petitioners will make appropriate representation to respondent Nos.2 to 4 seeking extension of minimum^timescale.

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(2017) 1 see 148

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Page 4 of 5

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SRSJ WPNo.5601 of 2024

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Given the facts and circumstances of the case, without going into merits of the matter, this writ petition^{isdisposedofat} the admission stage, with the consent of learned counsel on either side, giving liberty to the petitioners to make^appropriate representation to respondent Nos.2 to 4, within a period^oftwo weeks from the date of receipt of a copy of this order.^Onmaking such a representation, respondent Nos.2 to 4 shall^considerthe same, keeping in view the decision in Jagjit Singh’s case, referred to supra and order dated 04.08.2022 passed^byDivision Bench of this Court in W.P.No. 3129 of 2021 and pass appropriate orders, within a period of four weeks thereafter.^No costs.

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As a sequel, pending miscellaneous petitions, if any, shall stand closed.

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To,

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//TRUE COPY//

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Sd/- M. SRINIVAS assistant registrar SECTION OFFICER

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State of Andhra Guntur District.

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