P H v R Tagore Vs the State of Ap — Writ and Judicial Review | Andhra Pradesh HC (2026)

P H v R Tagore Vs the State of Ap — Writ and Judicial Review | Andhra Pradesh HC (2026)

What the court decided

AI extract

Outcome

Writ Petition disposed of with directions: impugned Proceedings No.EHE05-18021/6/19 Voc-IE dated 14.06.2021 set aside; matter remanded to Respondent No.2 to reconsider the petitioner's Minimum Time Scale request in terms of G.O.Ms.No.22 dated 05.03.2011 and pass appropriate orders within two months of receipt of a copy of the order; no order as to costs; consequential miscellaneous petitions, if any, closed.

Issue for consideration

Whether the petitioner, working as a Lab Attender in a Government Junior College, is entitled to the Minimum Time Scale benefit under G.O.Ms.No.22, Higher Education (IE.1) Department, dated 05.03.2011, notwithstanding the respondents' rejection of his claim based on the service-condition thresholds in G.O.Ms.No.69 dated 03.09.2003 and G.O.Ms.No.274 dated 12.11.2008. +1 more

Court's answer

The petitioner, who is working as a Lab Attender, is entitled to the benefit provided under G.O.Ms.No.22, Higher Education (IE.1) Department, dated 05.03.2011; the respondents rejected his case by considering G.O.Ms.No.274, dated 12.11.2008, owing to some misconception.

Ratio / Principle

The impugned proceedings No.EHE05-18021/6/19 Voc-IE, dated 14.06.2021 (rejecting the petitioner's Minimum Time Scale claim) are set aside.

Key takeaways

The matter is remanded to Respondent No.2 (the Commissioner of Intermediate Education) to consider the petitioner's request once again in terms of G.O.Ms.No.22, Higher Education (IE.1) Department, dated 05.03.2011, and to pass appropriate orders.ratio¶¶40
The remitted exercise of fresh consideration under G.O.Ms.No.22 shall be completed within a period of two (02) months from the date of receipt of a copy of the order.ratio¶¶40

Detailed headnote1 paragraphs

High Court of Andhra Pradesh at Amaravati (Special Original Jurisdiction), single Judge (D. Ramesh, J.), 05.02.2026 — Writ Petition No. 25879 of 2023 (P H V R Tagore v. The State of AP and others): disposed of. The petitioner, a (Part-Time/Lab) Attender in a Government Junior College, claimed Minimum Time Scale (MTS) under G.O.Ms.No.22, Higher Education (IE.1) Department, dated 05.03.2011, which allowed the corresponding Minimum Time Scale (Basic + DA) in Revised Pay Scales 2010 to Vocational Lab Attenders working in Government Junior Colleges, prospectively, expressly without conferring any right to regularisation. His claim had been rejected vide Proceedings No.EHE05-18021/6/19 Voc-IE dated 14.06.2021 on the footing of G.O.Ms.No.69 (03.09.2003 — consolidated pay of Rs.3300/- p.m.) and G.O.Ms.No.274 (12.11.2008 — minimum of pay scale in RPS 2005) and their 25.11.1993/five-years' service conditions. Holding that the petitioner, working as Lab Attender, was entitled to the G.O.Ms.No.22 benefit and that the respondents' reliance on G.O.Ms.No.274 was owing to 'some misconception', the Court set aside the impugned proceedings and remanded the matter to Respondent No.2 (Commissioner of Intermediate Education) to reconsider the request afresh in terms of G.O.Ms.No.22 and pass appropriate orders within two months of receipt of a copy of the order. Writ disposed of; no costs; pending miscellaneous petitions closed. An interlocutory application (IA No.1 of 2023, S.151 CPC) seeking payment on par with others in light of G.O.Ms.No.5, Finance (HR.I-Plg and Policy) Department dated 17-1-2022, pending disposal, thus stood concluded by the disposal. Constitutional pleas under Articles 14, 16 and 21 were raised but the Court disposed of the matter on the administrative-misconception ground without recording findings on them.

[3208]

APHC010501292023

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

(Special Original Jurisdiction)

THURSDAY,THE FIFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX

PRESENT

THE HONOURABLE SRI JUSTICE D RAMESH

WRIT PETITION NO: 25879/2023

Between:

P H V R TAGORE, S/O LATE SEETA RAMA RAO, AGED 55 YEARS, OCC. PART TIME LAB ATTENDER , GOVT.JUNIOR COLLEGE, KAIKALURU, ELURU DISTRICT.

...PETITIONER

AND

THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, SCHOOL EDUCATION DEPT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT.

THE COMMISSIONER OF INTERMEDIATE EDUCATION, STATE OF A.P. TADEPALLY, GUNTUR DISTRICT.

THE REGIONAL JOINT DIRECTOR OF INTERMEDIATE EDUCATION, RAJ AMAHENDRAVARAM,

THE PRINCIPAL, GOVERNMENT JUNIOR COLLEGE, KAIKALURU, KRISHNA DISTRICT.

...RESPONDENT(S):

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 Mandamus declaring the action of the respondents herein in rejecting to grant the Minimum Time Scale to the petitioner in the cadre of Lab. Attender vide impugned Prco.No.EHE05-18021/6/19 Voc-IE, Dated 14-62021 as highly illegal, arbitrary, discrimination and also violative of Art. 14,16

and 21 of Constitution of India and consequentially the Hon'ble Court may pleased to set aside the impugned order dated 14-6-2021 by declaring that the petitioner herein is entitled for Minimum Time Scale as per the settled law and also by taking into consideration G.O.Ms.No.5, Finance (HR.I-Plg and Policy) Department, dated 17-1-2022 and may pass

IA NO: 1 OF 2023

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents herein to pay the Minimum Time Scales of Pay to the petitioner in the present working cadre of Lab Attender on par with others in light of G.O.Ms.No.5, Finance (HR.I-Plg.andPolicy) Department dated 17-12022 pending disposal of Writ Petitioner and may pass

Counsel for the Petitioner:

1.M R TAGORE

Counsel for the Respondent(S):

1.GP FOR SERVICES III

THE HONOURABLE SRI JUSTICE D.RAMESH

ORDER:

The Writ Petition is field under Article 226 of Constitution of India for the

following relief:

“…to issue a Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents herein in rejecting to grant the Minimum Time Scale to the petitioner in the cadre of Lab. Attender vide impugned Prco.No.EHE05-18021/6/19 Voc-IE, Dated 146-2021 as highly illegal, arbitrary, discrimination and also violative of Art. 14,16 and 21 of Constitution of India and consequentially the Hon'ble Court may pleased to set aside the impugned order dated 14-6-2021 by declaring that the petitioner herein is entitled for Minimum Time Scale as per the settled law and also by taking into consideration G.O.Ms.No.5, Finance (HR.I-Plg and Policy) Department, dated 17-1-2022 and may pass…”

2. The contention of the petitioner is that the petitioner is entitled for

benefits under G.O.Ms.No.22 Higher Education (IE.1) Department dated 05.03.2011. The apparatus of the said G.O. reads as follows:

“After careful consideration of the matter, the Government hereby accord permission to allow the corresponding Minimum Time Scale i.e., (Basic + DA) in Revised Pay Scales, 2010 to Vocational Lab Attenders working in Government Junior Colleges in the State without any other benefits as per Revised Pay Scales, 2010, with prospective effect i.e., date of issue of this Order, subject to meeting the additional expenditure within the Budget provision of the Department and extension of Minimum Time Scale shall not confer any right for regularization of their services.”

But surprisingly, the respondents have not considered the request of the

petitioner and rejected the same vide impugned order dated 14.06.2021 with the following reasons:

“The Government in G.O.Ms.No.69 Higher Education (IE.1) Department dated 03.09.2003 have issued orders that, the Part-Time Lab Attenders in vocational stream who were in service by 25-11-1993, but have not completed 5 years of services were sanctioned consolidated pay of Rs.3300/- per month. Subsequently, the Government in G.O.Ms.No.274, H.E(IE.1) Department, dated 12.11.2008 has accorded permission to grant minimum of the pay scale

in Revised Pay Scales, 2005 (basic pay + D.A) to Vocational Lab Attenders who are working before 25.11.1993 in Government Junior College in the State and fulfilled the conditions thereon i.e., who are working before 25.11.1993. He is also not fulfilled conditions prescribed in the said G.O’s and hence he is not eligible for grant of Minimum Time Scale of Pay (MTS).”

Learned counsel for the petitioner has contended that after G.O.Ms.No.274 Higher Education (IE.1) Department dated 12.11.2008, the respondents have issued proceedings vide G.O.Ms.No.22 dated 05.03.2011, wherein the authorities of the Government accorded permission to allow the corresponding Minimum Time Scale (Basic + D.A) in Revised Pay Scales, 2010 to Vocational Lab Attenders working in Government Junior Colleges in the State.

In the instant case, the petitioner is working as Lab Attender. Hence, he is entitled to benefit which is provided under G.O.Ms.No.22 Higher Education (IE.1) Department, dated 05.03.2011, but owing to some misconception the respondents have considered G.O.Ms.No.274 Higher Education (IE.1) Department, dated 12.11.2008 and rejected the case of the petitioner.

Considering the said submissions, the impugned proceedings No.EHE05-18021/6/19 Voc-IE, dated 14.06.2021 is hereby set aside and the matter is remanded to the respondent No.2 to consider the request of the petitioner once again in terms of G.O.Ms.No.22 Higher Education (IE.1) Department, dated 05.03.2011 and pass appropriate orders. The said exercise shall be completed within a period of two (02) months from the date of receipt of a copy of this order.

With the above directions, the Writ Petition is disposed of. There shall

be no order as to costs.

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

________________________ JUSTICE D.RAMESH

Date: 05.02.2026 M K K

232

THE HONOURABLE SRI JUSTICE D.RAMESH

WRIT PETITION No.25879 of 2023

Dated: 05.02.2026

M K K