G Venkat Ram Vs the State of Ap

G VENKAT RAM, S/O G.VENKATASUBBAREDDY, AGED ABOUT 47 YEARS, OCC CONSTABLE R/O .H.NO.26-11-744 ASHOK NAGAR, PADARU PALLI.NELLORE MANDAL, NELLORE DISTRICT.

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...PETITIONER

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AND

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THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY HOME (SERVICE II) DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT.

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THE DIRECTOR GENERAL OF POLICE, ANDHRA PREDESH MANGALAGIRI, GUNTUR DISTRICT.

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THE SUPERINTENDENT OF POLICE, SPSR NELLORE DISTRICT .NELLORE

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THE STATE OF A P, REP. BY ITS PRINCIPAL SECRETARY FINANCE (SERVICE.II) DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT.

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...RESPONDENT(S):

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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, order or direction more particularly one in the nature of Writ of Mandamus declaring the Memo No.2046747/Ser.ll/

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A1/2023 dt.30.5.2023 issued by 1^st respondent as being illegal, arbitrary and based on total non-application of mind and further contrary to the provisions contained in G.O.Ms.No.95 dt.3.4.2012 issued by the 4^th respondent herein and by further declaring that the impugned action amounts to infringement of rights guaranteed under Article 14, 16, 21 300-A of the Constitution of India and Consequently Direct the respondents to grant protection of pay/Advance increments of the writ petitioner and pass

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IA 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 petition, the High Court may be pleased pleased to suspend the operation of the impugned proceedings in memo No.2046747/Ser.ll/A1/2023.dt.30.5.2023 with a direction to reconsider the case of the writ petitioner for protection of pay pending disposal of the above writ petition and to pass

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Counsel for the Petitioner:

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1.VELURY RAGHURAM

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Counsel for the Respondent(S):

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1.GP FOR SERVICES I

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The Court made the following:

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ORDER:

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The present Writ Petition is filed, under Article 226 of the Constitution of India, seeking the following relief:

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<to issue any writ, order or direction more particularly one in the nature of Writ of Mandamus or an appropriate writ or order declaring the Memo No.2046747/Ser.ll/A1/2023 dt.30.5.2023 issued by 1^st respondent as being illegal, arbitrary and based on total nonapplication of mind and further contrary to the provisions contained in G.O.Ms.No.95 dt.3.4.2012 issued by the 4^th respondent herein and by further declaring that the impugned action amounts to infringement of rights guaranteed under Article 14, 16, 21 300-A of the Constitution of India and Consequently Direct the respondents to grant protection of pay/Advance increments of the writ petitioner and pass….=

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Heard Mr. M.Krishna Rao, learned counsel for the petitioner and learned Assistant Government Pleader appearing for respondents.

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The grievance of the petitioner is that, respondent no.1 has issued a memo on 30.5.2023, without considering the case of the petitioner in terms of G.O.Ms.No.95 dated 03.4.2012. The petitioner initially worked in military service from 24.02.1998 to 31.3.2014 i.e. for more than 16 years and subsequently he was recruited in the State Civil Services under Exservicemen quota with effect from 05.5.2018. Accordingly his pay scale was fixed at Rs.16,400/-. The request of the petitioner is that, the petitioner is entitled for revised pay scales as per the protection granted in terms of G.O.Ms.No.95 dated 03.4.2012. Though the petitioner has made a representation/claim, the same has been rejected by respondent no.1 on 30.5.2023 without considering the representation in terms of G.O.Ms.No.95. Hence the Writ Petition.

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Learned counsel for the petitioner has relied on the orders passed by this Court in identical matters wherein the Court has considered the request of the petitioner and disposed of the matter directing the respondents to examine the claim of the petitioner for pay protection and pay fixation in terms of G.O.Ms.No.95 dated 03.4.2012 within a period of eight (08) weeks.

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Learned Assistant Government Pleader appearing on behalf of the respondents submitted that the Court may pass appropriate orders.

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Considering the said submissions and a perusal of the orders of this Court, the matter is remanded to respondent no.1 directing to consider the claim of the petitioner in terms of G.O.Ms.No.95 dated 03.4.2012 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 the order.

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