Madhu Kiran Vs State of Andhra Pradesh — Writ and Judicial Review | Andhra Pradesh HC (2025)

Madhu Kiran Vs State of Andhra Pradesh — Writ and Judicial Review | Andhra Pradesh HC (2025)

What the court decided

AI extract

Outcome

Writ Petition disposed of in terms of the common order in W.P.Nos.3735 of 2018 and batch dated 25.03.2025 (Government to consider representation dated 22.12.2017 re: fitment vide Para No.4 of G.O.Ms.No.46 dated 30.04.2015 per governing Rules and Law, preferably within eight weeks); no order as to costs; Registry to attach copy of the common order; miscellaneous petitions, if any, stand closed.

Issue for consideration

Whether the petitioners are entitled to the benefit of Para-4 of G.O.Ms.No.6 dated 30.4.2015, i.e., pay fixation/fitment in the Revised Pay Scales of 2015 extended to other Government employees who were in receipt of pre-revised scales of pay, and whether non-extension of the same is illegal and arbitrary and violative of Article 14.16.21 and 300(A) of the Constitution of India. +1 more

Court's answer

This Court disposed of the Writ Petition in terms of its common order passed in W.P.Nos.3735 of 2018 and batch dated 25.03.2025, whereby the Government was directed to consider the representation dated 22.12.2017 relating to the claim of fitment vide Para No.4 of G.O.Ms.No.46 dated 30.04.2015 and take appropriate decision according to governing Rules and Law, preferably within eight weeks.

Ratio / Principle

There shall be no order as to costs.

Key takeaways

The Registry is directed to attach a copy of the common order passed in W.P.Nos.3735 of 2018 and batch, dated 25.03.2025, to this order.ratio¶36
As a sequel, miscellaneous petitions pending, if any, shall stand closed.ratio¶38

Detailed headnote1 paragraphs

Writ Petition under Article 226 by Madhu Kiran and Others seeking a mandamus declaring entitlement to the benefit of Para-4 of G.O.Ms.No.6 dated 30.4.2015 (pay fixation/fitment in the Revised Pay Scales of 2015, as extended to other Government employees drawing pre-revised scales) and alleging that non-extension violates Article 14.16.21 and 300(A) of the Constitution. Counsel submitted that the matter is covered by the common order of this Court in W.P.Nos.3735 of 2018 and batch dated 25.03.2025 (which directs the Government to consider the representation dated 22.12.2017 relating to fitment vide Para No.4 of G.O.Ms.No.46 dated 30.04.2015 and decide per governing Rules and Law, preferably within eight weeks); the Assistant Government Pleader did not refute. The Court disposed of this petition in terms of that common order, with no order as to costs, directed the Registry to annex a copy of the common order, and closed pending miscellaneous petitions. Note: the prayer cites G.O.Ms.No.6 dated 30.4.2015 while the adopted common order refers to G.O.Ms.No.46 dated 30.04.2015; both reproduced as printed.

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APHC010054112018

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

(Special Original Jurisdiction)

[3396]

FRIDAY, THE TWENTY FIFTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE

PRESENT

THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA

WRIT PETITION NO: 2398/2018

Between:

Madhu Kiran and Others

...PETITIONER(S)

AND

State Of Andhra Pradesh and Others

...RESPONDENT(S)

Counsel for the Petitioner(S):

1.POLANKI ANAND SURYA

2.SRINIVASA RAO MADIRAJU

Counsel for the Respondent(S):

1.GP FOR SCHOOL EDUCATION (AP)

The Court made the following:

ORDER:

This Writ Petition is filed under Article 226 of Constitution of India with

the following prayer:

“…..to issue a writ or order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring that a) Petitioners are entitled to the benefit of Para-4 of G.O.Ms.No.6, dated.30.4.2015. b) not extending the said benefit is in violative of Article 14.16.21 and 300(A) of the Constitution of India. c) further declare that petitioners are entitled to pay fixation in the Revised Pay Scales of 2015 given the benefit of fitment which was extended to all other Government employees who were in receipt of pre Revised Scales of Pay and

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not extending the same to the petitioners is illegal and arbitrary. d) and pass such other order or orders…...”

Heard Sri M.Srinivasa Rao, learned counsel for the petitioners

and learned Assistant Government Pleader for School Education, appearing for the respondents.

During hearing, learned counsel for the petitioners would submit that the matter is squarely covered by the common order passed by this Court in W.P.Nos.3735 of 2018 and batch, dated 25.03.2025, and hence, requests this Court to pass similar order in this petition also. The operative portion of the said order is as follows:-

“4. Considering the submissions made, the Writ Petitions are disposed of directing the Government to consider the representation dated 22.12.2017 of the Petitioners relating to their claim of fitment vide Para No.4 of G.O.Ms.No.46 dated 30.04.2015 and take appropriate decision according to governing Rules and Law, preferably within a period of eight weeks from the date of receipt of copy of this order…..”

Learned Assistant Government Pleader for School Education,

appearing for the respondents does not refute the said submission.

Considering the submissions made, this Writ Petition is also disposed of in terms of the common order passed in W.P.Nos.3735 of 2018 and batch, dated 25.03.2025. There shall be no order as to costs.

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The Registry is directed to attach a copy of the common order

passed in W.P.Nos.3735 of 2018 and batch, dated 25.03.2025, to this order.

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

Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA

Date: 25.04.2025 ARR

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53

THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA

WRIT PETITION NO: 2398/2018

Dt.25.04.2025

ARR