P.Bharati, v. The M.D.
Case brief
What is this about?
Writ petition challenging the rejection of an appeal for pay protection. Court held appointment on compassionate grounds was fresh, not a transfer, so Fundamental Rules did not apply, dismissing the petition.
What did the court decide?
Writ petition deemed devoid of merits and dismissed; no order as to costs.
What the court decided
HON’BLE SRI JUSTICE C.V. RAMULU
W.P. No. 10991 of 1996
DATED: 18.01.2010
Between: P. Bharati .. Petitioner And 1. The Managing Director, A.P. Foods, Hyderabad 2. The Ex-Officio President, Executive Committee of A.P. Nutrition Council .. Respondents
O R D E R:-
The petitioner asserts that she was initially appointed as Secondary Grade Assistant in Zilla Parishad unit of Nellore District and she sought for deputation to the unit of Medak District. While so, the petitioner’s husband, who is working as Private Secretary to the 1st respondent-Managing Director, Andhra Pradesh Foods, filed representation dated 05.07.1989 requesting the Works Manager, Andhra Pradesh Foods to absorb the petitioner’s services into the Andhra Pradesh Foods. However, after a long persuasion, the 1st respondent passed orders dated 08.07.1989 on the representation considering the petitioner’s appointment as Assistant “A” in Andhra Pradesh Foods in the scale of pay of Rs.810-25-1060-30-1420 on compassionate and humanitarian grounds (not in the same scale and pay as was drawn by her in Z.P. High School at Rs.1290/- in the scale of Rs.1010-1080) from the date of her joining report in Andhra Pradesh Foods, Hyderabad. Thus, she joined in the services of the Andhra Pradesh Foods on 31.10.1989 after resigning the post of Secondary Grade Assistant in the Z.P. High School, Sullurpet, Nellore District. Thereafter, she filed a representation dated 28.06.1990 to the
1st respondent seeking her pay protection under the Fundamental Rules and fixation of her pay in the Andhra Pradesh Foods taking into consideration her services rendered in the Zilla Parishad High School, Nellore. The representation was considered by the 1st respondent, vide proceedings dated 5.11.1993, and the matter was referred to the
Issues for consideration
3 issues framed by the court
Whether a government employee appointed on compassionate and humanitarian grounds is entitled to pay protection under Fundamental Rule 22.
Whether the petitioner is eligible for fixation of pay in a higher scale by considering services rendered in a different department before joining the respondent organization.
Whether the rejection of the petitioner's appeal seeking pay protection under Fundamental Rules warrants issuing a writ of quo warranto.
Parties & counsel
- petitioner
P. Bharati
- respondent
The Managing Director, A.P. Foods, Hyderabad
- respondent
The Ex-Officio President, Executive Committee of A.P. Nutrition Council
Coram
Case details
As recorded by the court registry
- Court
- Telangana HC
- Decided on
- · January
- Registered
- Case no.
- WP/10991/1996
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