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V S Reddy v. The Executive Engineer

Andhra Pradesh HC1 Jan 2025WP/637/2021

Case brief

AI extract

What is this about?

Andhra Pradesh High Court Amaravati; W.P. 637 of 2021; K Manmadha Rao J; Article 226 mandamus; Panchayat Raj and Rural Development; NMR daily wage employees; annual grade increments; time scale of pay; PRC benefits without increments; HRA; CCA; rejection order A3/Court Cases/2019-4 dated 06.10.2020; counter affidavit right forfeited; reasoned orders within three months; W.P. 16996/2012; SLP 37870/2012; SLP(Civil) Diary 44089/2019; SLP(C) 26023/2018; writ petition disposed; no costs.

What did the court decide?

Writ Petition disposed of with directions to the respondents to examine the issue and pass appropriate reasoned orders in accordance with law within three months, in terms of the specified prior orders of the High Court and the Supreme Court; no order as to costs; pending miscellaneous applications, if any, stand closed as a sequel.

V S Reddy Vs The Executive Engineer — Writ and Judicial Review | Andhra Pradesh HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the respondents must release periodical annual grade increments, HRA and CCA in terms of the earlier orders of the Tribunal, High Court and Supreme Court, notwithstanding the rejection order dated 06.10.2020. +1 more

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Court's answer

The respondents are directed to examine the issue and pass appropriate reasoned orders in accordance with law within a period of three (3) months from the date of receipt of a copy of the order, in terms of the orders passed in W.P.No.16996 of 2012 dated 12.06.2012; W.P.Nos.24130, 24330 and 24334 of 2011 dated 30.08.2011; W.P.No.7880 of 2015 dated 11.10.2018; SLP (Civil) Diary No.44089 of 2019 dated 29.10.2020; W.P.No.42633 of 2017 dated 21.07.2018; SLP.No.37870 of 2012 dated 14.10.2014; SLP(Civil) No.19785 of 2013 dated 11.07.2013; and SLP(C).No.26023 of 2018 dated 22.01.2018.

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Key takeaways

Since ample opportunity was given but no counter affidavit was filed by the respondents, the respondents' right to file a counter affidavit stands forfeited.obiter¶28

Detailed headnote1 paragraphs

W.P.No. 637 of 2021 (V S Reddy and Others v. The Executive Engineer and Others), High Court of Andhra Pradesh at Amaravati (Special Original Jurisdiction), Dr Justice K Manmadha Rao, order dated 02.01.2025 — Petition under Article 226 seeking a writ of mandamus to set aside respondent No.1's rejection order No.A3/Court Cases/2019-4 dated 06.10.2020 and to direct release of periodical annual grade increments, HRA and CCA in terms of earlier orders. Petitioners, initially appointed as NMR/daily wage employees (1990–1993), were extended PRC benefits without periodical increments; parallel litigation by similarly situated persons (O.A.No.9079 of 2011, confirmed in W.P.No.16996 of 2012 and SLP.No.37870 of 2012; O.A.No.7335 of 2010, W.P.No.24330 of 2011 and the SLP thereon) had resulted in orders for annual grade increments and pay-revision benefits. As no counter affidavit was filed, the respondents' right to file one was forfeited. The Court disposed of the petition directing the respondents to pass reasoned orders within three months in terms of the enumerated High Court and Supreme Court orders; no costs; miscellaneous applications closed.

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APHC010008322021

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

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(Special Original Jurisdiction)

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[3310]

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THURSDAY ,THE SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE DR JUSTICE K MANMADHA RAO

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WRIT PETITION NO: 637/2021

Between:

V S Reddy and Others

...PETITIONER(S)

AND

The Executive Engineer and Others

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...RESPONDENT(S)

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Counsel for the Petitioner(S):

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1.V SESHA KUMARI

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Counsel for the Respondent(S):

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1.GP FOR PANCHAYAT RAJ RURAL DEV

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The Court made the following Order:

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This petition is filed under Article 226 of the Constitution of India for the following relief:-

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“… pleased to issue an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus by calling for the records relating to the orders passed by the respondent No.1 by his order No.A3/Court Cases./ 20194 dated 06.10.2020 and set aside the same by declaring as illegal, arbitrary and contrary to the orders passed by this Honble Court and also Honble Supreme Court and also discriminatory in nature

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and consequently direct the respondents to release the periodical annual grade increments HRA and CCA in terms of the orders passed…”.,

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The case of the petitioners in brief is that the petitioners were initially appointed as last grade employees i.e., NMR/daily wage employees in the 1^st respondent organization on 11.09.1991, 06.02.1993, 26.08.1990 and 26.03.1990 respectively. Since their date of appointment, they are discharging their duties with utmost satisfaction of their superiors without any complaints from anybody. While so, basing on the orders issued by the Government vide G.O.Rt.No.1523, Panchayat Raj and Rural Development (Estt.IIA) Department, dated 26.10.2009 & G.O.Rt.No.1542 Panchayat Raj and Rural Development (Estt.II.A) Department, dated 29.10.2009, the petitioners were extended the benefit of PRCs without periodical increments. Questioning the same, similarly situated persons filed O.A.No.9079 of 2011 before the Tribunal and the Tribunal vide order, dated 24.11.2011 directed the respondents to grant annual grade increments to the applicants in the time scale and also give the benefit of pay revisions made from time to time. Aggrieved by the same, the respondents filed W.P.No.16996 of 2012 before this Court and this Court vide order, dated 12.06.2012 dismissed the Writ Petition while confirming the order of the Tribunal. Thereafter, the respondents filed SLP.No.37870 of 2012 before the Hon’ble Supreme Court and the Supreme Court confirmed the order of the High Court, vide order, dated 12.06.2012. The authorities have extended the benefits and release the periodical

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increments by implementing the orders of the Tribunal, High Court and the Hon’ble Supreme Court. While so, similarly situated workers of Vijayawada Municipal Corporation who are extended the minimum time scale like the petitioner filed O.A.No.7335 of 2010 for release of increments and HRA and the said OA was disposed of. Thereafter, the respondents have approached the High Court by filing W.P.No.24330 of 2011 and the same was dismissed by this Court. Aggrieved by the same, SLP was also preferred and the said SLP was dismissed confirming the order of this Court. Hence, in view of the orders of the Tribunal, High Court and the Hon’ble Supreme Court, the petitioners are entitled for periodical annual grade increments along with time scale of pay with arrears from the date of issuing the time scale of pay. Hence, the present Writ Petition

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Though ample opportunity was given to the respondents for filing counter affidavit, no counter affidavit was filed by the respondents. Hence, the right of filing counter affidavit by the respondents is forfeited.

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Heard Mr C.Raghu, learned counsel for the petitioner and the learned Government Pleader for Panchayat Raj and Rural Development appearing for the respondents.

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On hearing, learned counsel for the petitioner submits that the petitioner has submitted a representation seeking sanction of periodical annual grade increments as well as revision of pay scales(R.P.S) to the

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respondent authorities along with orders passed by this Court in W.P.Nos.24130, 24330 & 34344 of 2011 and batch and W.P.No.7880 of 2015, dated 11.10.2018 which was confirmed by the Hon’ble Supreme Court. But the respondent authorities mechanically passed the rejection order No.A3/Court Cases/2019-4, dated 06.10.2020 without taking into consideration the Judgments of this Court and the Hon’ble Supreme Court which is illegal, arbitrary and violative of principles of natural justice. Hence, the learned counsel for the petitioner requests to pass appropriate orders.

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Learned Government Pleader for Panchayat Raj and Rural Development opposed for grant of any relief in this Writ Petition and prays to dismiss the same.

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Considering the submissions of both the learned counsel and on

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perusal of the record, the respondents are directed to examine the issue and pass appropriate reasoned orders in accordance with law within a period of three (3) months from the date of receipt of a copy of this order in terms of the orders passed in W.P.No.16996 of 2012, dated 12.06.2012, W.P.Nos.24130, 24330 and 24334 of 2011, dated 30.08.2011, W.P.No.7880 of 2015, dated 11.10.2018, Hon’ble Supreme Court in SLP (Civil) Diary No.44089 of 2019, dated 29.10.2020, W.P.No.42633 of 2017, dated 21.07.2018 and also the Judgment of the Hon’ble Apex Court in SLP.No.37870 of 2012,

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dated 14.10.2014, SLP(Civil) No.19785 of 2013, dated 11.07.2013 and

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SLP(C).No.26023 of 2018, Dated 22.01.2018.

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