Dismissed

P Vijaya Das and 23 Others, v. Prl.Secy., Finance and Planning Dept., Hyd., and 2 Others

Telangana HC24 Jul 2025WP/13781/2017

Case brief

AI extract

What is this about?

Lab Attendants of Osmania University sought pay scales on par with Lab Attendants of JNTU (OTRI), Ananthapur, relying on prior orders granting parity. The Court held recruitment qualifications and duties differ substantially between the posts, nomenclature alone cannot ground pay parity, and job evaluation belongs to Pay Revision Commissions; all three writ petitions were dismissed.

What the court decided

AI extract

P Vijaya Das and 23 Others, Vs Prl.Secy., Finance… — Service and Employment | Telangana HC (2025)

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[3300 ]

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)

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THURSDAY, THE TWENTY FOURTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKA

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WRIT PETITION Nos: 13781 and 29697 of 2O17

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AND

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WRIT PETITION No.44079 of 2018

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WRIT PET|TION NO: 13781OF 2017

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Between:

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P. Vijaya Das, S/o. P-Durgaiah, Aged 56 years, Occ Lab Attendent (Technician Grade-lll), Department of Electrical Engineering, Osmanra University.

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C.Kistaiah, S/o. Raghavulu, Aged 72 years, Occ Lab Attendent, Department of Botany, College of Science, Osmania University, Hyderabad.

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V.Gopal, S/o. Muthaiah, Aged 66 years, Occ Lab Attendent, Department of Botany, College of Science, Osmania University, Hyderabad.

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K. Satyanarayana, S/o- Narasimha, Aged 6'1 years, Occ Lab Attendent, Geology Department, Osmania University, Hyderabad.

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M.Narahari, S/o. Venkatswamy, Aged 54 years, Occ Lab Attendent, Geology Department, Osmania University, Hyderabad.

¶16

Shanker Rao, S/o. Ealaiah, Aged 68 years, Occ Lab Attendent, Botany Department, College of Science, Osmania University, Hyderabad.

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K.Bheemaiah, S/o. Sayanna, Aged 38 years, Occ lab attendant. Botany Department, College of Science, Osmania Ufliversity, Hyderabad.

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P Sowbhagya Lakshmi, W/o. Radhakrishna, aged 61 yr, Occ Lab Attendant, Botany Dept-, College of Science, OU., Hyderabad.

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T Bal Raj, S/o T.Narasaiah, Occ LAb Attendant, Department of Chemistry, Osmania Univeristy, Hyderabad.

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P.Rajanarasiah, S/o Ramaiah, Aged 44 years, Occ Lab attendant, Department of Chemistry, Osmania University, Hyderabad.

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ll.Gazamfar Ali, S/o Farhath AU, Aged 62 years, Occ Lab Attendant, Department of Civil Engineering, Osmania University, Hyderabad.

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S. Swamy Das, S/o. Laxmaiah, Aged 58 years, Occ Lab Attendant, Department of Civil Engineering, Osmania University, Hyderabad.

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13.M Ahmed, S/o. Mohd. Jahangir, Aged 54 years, Occ Lab Attendent, Department of Civil Engineering. Osmania University, Hyderabad-

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G Satyapal, S/o Late G. Balaiah, Aged 66 years, Occ Lab attendanl, Department of Civil Engineering. Osmania University, Hyderabad.

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lI I I

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Mohd.^{lbrahim,S/o. Mohd. lsmail,Aged 69 years,Occ Lab attendant,} Deparlment of Civil Engineering.^{Osmania University, Hyderabad.}

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16.E. Sai Prasad, S/o.^{Anjaiah, Aged39 years, Occ Lab Attendant,Department} of Electrical Engineering. Osmania University,^Hyderrbad.

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17.Mohd. Shabuddin, S/o. Mohd. Mahmood, Aged 69^{years, Occ Lab Attendant,} Department of Civil Engineering, Osmania University, Hyderabad.

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18.K. Bal Raj, S/o. K.Rajaiah, Aged 61 years, Occ Lab Attendant, Department of Electrir;al Engineering, Osmania University, Hyderab;rd.

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Md. Al,:emuddin, S/o. Ghouse Mohiuddin, Aged 40^years, Occ Lab Attendant, Osmarria University, Hyderabad

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2o.Mohd. Hashim, S/o. Md. Ahmed Aged 65^years, Occ .Lab Attendent,^OU, Hyderirbad.

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21 . G.Satyanrayana, S/o late G.Yellaiah, aged 61^years, Occ Lab Attender,^OU., Hydererbad.

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M. Yellaiah, S/o. Kistaiah, Aged 61^years, Occ t-ab Attendant, Osmania Univen;ity, Hyderabad.

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K.Hanumanthu, S/o. Sayanna, Aged 48^years, Occ Lab Attendant, Departrrent of Civil Engineering, Osmania University Hyderabad.

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24.P.Anarrtha Reddy, S/o. Venkat Reddy, Aged 50^years, Occ Lab Attendant, Osmar ia University, Hyderabad.

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...PETITIONERS

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AND

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The Strlte of Telangana, Rep by its Princrpal Secretary, Finance and Planning Departrrent, Secretariat Buildings, Hyderabad.

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Commissioner and Director of Higher Education, Rep by its Secretary, Higher Education Department, Secretariat Buildings, Hydera tad,

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Osmania University, Rep by its Registrar, Hyderabad

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..RESPONDENTS

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Petitiorr under Article 226 of the Constitution of lndia^praying that in the circumstances stated in the affidavit filed therewith, the High Court may^be pleased to is:;ue a writ, order or direction one rn the nature of Writ of mandamus by calling for the records relating to are connected with^proceedings No. 1602lUEl201l;-3, dated 07-12-2O15 and consequertial^proceedings No. 408/39i201 5- l6/Budget-Gen, dated 29-01-2016 and de(lare that the^petitioner are entitled tc pay scales of 1010-1800, Rs. 1875-2750 and Rs. 3550-7150 in the Revised pay r;cales of 1986, 1993 ,1999 and accordingly^tn all the future revision of pay scales respectively with all consequential benefits including the arrears of salary in the category of Lab Attendents in the 1st res londent university with effect from t['e date of their initial appointment and the r^pay shall be re-fixed

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accordinglyandconsequentlyfurtherdirecttherespondentstore.fixthescale accordingly^{even in the promotion post and for pensionand release arrearsof all} other financial^{benefits in the interest of justice.}

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l.A. NO:'l OF^{2017(WP MP. NO: 17098 OF20171}

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. Petition under Section 151 CPC^{praying that in the circumstancesstated} in the affidavit^{filed in support of the petition, the High courtmay be pleased to} suspend the^{proceedings No, 1602/UEl2O15'3, datedo7 -12-2015and directthe} respondents to^grant the^{scalesof pay attachedto the post of Lab Attendentson} par with Lab Attendents of^{JNTU (Ananthapur) pending disposalof the above} Writ Petition.

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counsel for the^{Petitioners:sRl AVADESH NARAYAN SANGHI, Sr. COUNSEL'} REP. FOR SRI PRATAP^{NARAYAN SANGHI}

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Counsel for the^{RespondentNo.1:GP FOR SERVICES'I}

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Counsel for the^{RespondentNo.2: GP FOR HIGHEREDUCATION}

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Counsel for the^{RespondentNo-3: SRI CH.JAGANNATHA RAO, SC FOR OU}

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WRIT PETITIO NNO^{i 29697 0F 2017}

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Between:

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1 . P. Venkateswara^{Sarma, S/o. Late P.suryaprakasha Rao, Aged about 57} VearS. occ Retd' JUnior^{ASSiStant, Rio. 1-9-91/A,/11 Sal Sahara Apartments.} ilamnagar. Hyderabad.

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P. Narayana. S/o^{Late P RajaiahAged about 56 ve.9rs^Ory L-aP,ljt:ll1lt} FVo. 12--5-1116,^{ManikeswarNagar' Osmanla UniversityCampus, nyoeraDao'}

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K. Madan^{lvlohan.S/o. Late K Gangaram, Aged-about59 years' Occ Retd'} - faU AttenOant, Rl/o, 1 2-1 1-1O52t1 , Bo'-uddanagar, Secunderabad'

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4.T-SharatBabu,S/o.LateT.Krishnaiah,Agedaboqt4'!years,OccSenior Assistant, Ryo. Plot No.^{129, tVlye Villas, Mallapur, Hyderabad'}

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5.E.Hemalatha,W/o.E.Saibaba,Agedabout36years.,OccLabAttendant' FJo. H. NO. 2-4^{-665 t 24.} Sudernagar.^{Kachiguda,Hyderabad'}

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6.K.Dattatreya'S/o'K.Ramakristaiah.Agedabout4Tyears,occBookKeeper, Rio. H.No.^3-1 3-85/A.^{Madhuranagar, Ramanthapur, Hyderaoad'}

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K. Gopal^{Rao, S/o. Late Vrdfasagar Rao, Agedqbolt 57 y-ears, Occ Lab} ' Att"nO'rnt, RJo. rc-l-AOlEtltel Uppuguda Railway Station Road' Danaiahnagar,^HYderabad.

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8.G.NarsingRao,S/o.G.Pochalah,Ageda.bout53y.ears,Occ.SeniorAssistant' - nyo. r.16*"414, Osmanla University Staff Quarters, Hyderabad'

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l I

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I h{"i'iy[?li?ii.F?liI;"ffi j:;s,8"",",r:.il;3,ii;8i,.k1'.111?j1,1?ilj; Seethaphalmandi, Secunder

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AND

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...PETITIONERS

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[[f;^{jPE,i:5:Ll3,s"".H,'&:,?,?lli.f,i:.,.fgorecrerarv,Financeandprannins}

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8S,l:T,f ;.;f8ili#flg[:SB#[#,'ji;l,...,if g,fi hS..??bvitssecretary,Hisher

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3 Osmania University, Rep by its Registrar, Hyderabad.

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...RESPONDENTS

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Petition under Article 226 of the Constitution of ln,jia praying that in the circumstances stated in the affidavit filed therewith, thr: High Court may be pleased to iss'e a writ, order or direction one in the naturi: of writ of mandamus by calling for the records relating to are connected rvith proceedings No. 16O2lUEl2O1S-3, dated OZ_12_2015 and consequential proceedings No. 23812017 rLegai ce', dated 10-07-2017 and decrare that the petitioner are entited to pay scares of 'r010-'rg00, Rs. 18752750 and rrs. 3550-7150 in the Revised pay scares of 19g6, 1gg3 ,1ggg and accordingry in a, the future revision of pay scales respectively with all consequential benefits incruding the arrears of salary in the ciltegory of Lab Attendants in the 3rd respondent university with effect from the date of their initiar appointment and their pay sha, be re_fixed accordingly and consequently further direct the respondents to re-fix the scale accordingry everr in the promotion post and for pension and rerease arrears of a, other financial b.:nefits in the interest of justice.

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r.A. NO: 10F20 171WPMP. N O:3694s oF 20171

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Petition urrder Section 151 CpC praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be preased to suspend the pror;eedings No. 1602/uE 12015-3, date'd 07-12 201 5 and direct the respondents to grant the scales of pay attached to the post cf Lab Attendents on par with Lab Afterdents of JNTU (Ananthapur) pending disposal of the above writ petition.

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Counsel for the Petitioners: SRI AVADESH NARAYAN SANGHI, Sr. COUNSEL, REP. FOR SRI PRATAP NARAYAN SANGHI

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Counsel for the Respondent No.1: GP FOR SERVICES-I

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Counsel for the Respondent No.2: cP FOR HIGHER EDUCATION

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Counsel for the Respondent No.3: SRI CH.JAGANNATHA RAO, SC FOR OU

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WRIT PETITION NO: 44079 OF 2018

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Between:

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P. Babu Rao, S/o. Narsaiah, Aged 57 years, Occ. Technician Grade -1, F/o Hyderabad.

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...PETITIONER

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AND

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The State of Telangana, Rep by its Principal Secretary, Finance and Planning Department, Secretariat Buildings, Hyderabad.

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Commissioner and Director of Higher Education, Rep by its Secretary, Higher Education Department, Secretariat Buildings, Hyderabad.

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Osmania University, Rep by its Registrar, Hyderabad.

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...RESPONDENTS

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Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or direclion one in the nature of Writ of mandamus by calling for the records relating to are connected with proceedings No.1602/UE/2015-3, dated 07-12-2O15 and consequential proceedings No. 40813912015-16/8udget-Gen, dated 29-01-2016 and declare that the petitioner is entitled to pay scales of 10'10-1800, Rs. 1875-2750 and Rs. 3550-7150 in the Revised pay scales of 1986,'1993, 1999 and accordingly in all the future revision of pay scales respectively with all consequential benefits including the arrears of salary in the category of Lab Attendents in the 1st respondent university with effect form the date of their initial appointment and their pay shall be re-fixed accordingly and consequently further direct the respondents to re-fix the scale accordingly even in the promotion post and for pension and release arrears of all other financial benefits in the interest of^justice.

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IA NO: 1 OFⁱ¹⁰¹⁸

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Petitiorr under Section 151 CPC praying that in the circumstances stated in the affidav t filed in support of the petition, the High Court may be pleased to suspend^pror;eedings No.^'1 602/UE/201 5-3, dated 07 -12-2015 and direct the respondents 1o grant the scales of pay attached to the pcst of Lab Attendents on par with Lab r\ttendents of JNTU (Ananthapur) pending disposal of the above writ petition-

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Counsel for the Petitioners: SRI AVADESH NARAYAN SANGHI, Sr. COUNSEL, REP. FOR SRI PRATAP NARAYAN SANGHI

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Counsel for the Respondent No.1: GP FOR SERVICES-I

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Counsel for the Respondent No.2: GP FOR HIGHER EOLTCATION Counsel for the Respondent No.3: SRI CH.JAGANNATHA RAO, SC FOR OU The Court rnade the following: COMMON ORDER

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wp_13781 & 29697_2017, and wp_44079 2Ot8 N8(. I

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i ,t II

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THE HON'BLE SRIJUSTICE NAGESH BHEEMAPAKA

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WRIT PETITION Nos.l37El and 29697 of 2Ol7

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AND

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WRIT PETITION No.44079 of 2018

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COMM N RDER:

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The petitioners in these writ petitions are Lab Attendants of Osmania University. Their case is that they are equivalent to the Lab Attendants of the Oil Technology Research Institute (OTRI), JNTU, Ananthapur, and are therefore entitled to the same pay scale as that of the Lab Attendants of OTRI (JNTU). However, they have been given the pay scale of Lab Attenders of JNTU under the 'Common Cadre', which they claim is discriminatory, arbitrary and illegal.

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In view of the commonality of the issues and^{grievances, the writ} petitions have been heard analogously and are being disposed olby way of this common order. For the sake of relerencc. the averments in W.P. No. 13781 of 2017 are taken into consideration.

¶102

The case of the petitioners, as set out in the writ atfidavit in^W.P.No. I3781 of 2017, is that they are Lab Attendants in Osmania University, and that there exists an anomaly in their pay scale vis-d-vis the^pay scale of their counterparts in the JawaharlaI Nchru Technological University^(Oil Technology Research Institute), Ananthapur. I'he genesis of this dispute regarding the alleged anomaly in pay' sr:ales dates back to the^year 1988 with W.P. No. 4013 of 1988. ln the said wlit petition, the^grievance of the petitioners was that they were drawing pay in the scale ol Rs. 3 50-550, whereas their juniors were dran,ing a higher pay scale olRs. 410-625. This .'t \

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wp 13781& 29697 2017, and wp 44079-2018 NB(. J

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i Ii I] iI I

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Court, by crder dated 21.09.1992, allowed the writ petition, observing that the anomal-l \r,as apparent on the face of the record, as the juniors-namely, A.S. Subhani (oined on 01.10.1984), P. Venkat,rswarlu (oined on 16. 10.1986), etc.-were drawing a higher pay scale.^'fhereafter, similarly situated persons filed W.P. No. 21341 of 1999, and this {)ourt, by order dated 07.08.2009. allowed the writ petition by directing the respondents ro granr the pay sca c of Rs. 410--{.25 as per the Revised Pay Scales, [978.

¶107

The petitioners herein, aggrieved by G.O. Ms.No. 287 dated 03.12.1991 C.O. Ms. No.347 dated 01.10.1993, anc G.O. Ms. No. 155 dated 15.0'). [999, wherein they were awarded the pay scale of "Lab Attcnder ot' JNI'U" instead of "Lab Attendant of JIrlTtJ," and claiming entitlernent to the pay scales ofRs. 1010-1800, Rs. t875 2750, and Rs. 3550 7150 under the Revised Pay Scales of l98ti. 1993. and 1999 respectivel), liled W.P. No. 2607 of 2003. This Court, by order dated 21.06.20 11. allorved the writ petition by observing as firllows.

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"Consequently, the writ petition is alloyed detluring thut tha pclitioners are entitled to the Pay Scales ('l 10lt )- !8()(). R.; lti.'/5-)750 and Rs.3550-7150 in the Revised ,oar.stolt's of l9;16. 1993 and 1999 respectively with all utrt.requcntktl ht't'r'./irs including the arrears of salary in the coregor.r. tll Lulr ,|rt^,ndants in the first respondent University with ellt,t t.lntn th,, lart' ol tlrcir initial appointment and their poy sfu ll he re-.lixetl rtttordingly. The entire exercise shall be compl(t((l tithin u 1tt,r^{iod of lhree monlhs} from^{the date of receipt 6/ rlrc topl} ol thi: rtrdcr. There sholl beno order as to costs. The I li.sc'ellunaou: ['ttitiotts pending if any shall stand closed."

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Chall:neing the order passed in W.P. No. 2607 ot'100i, dated 2i.06,10 14. thc responflent--{smania University-file,J an appeal. namely

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wp_1378r & 29697_2017, and wp 4{079 2018 NB(, J

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W.A. No. 300 of 2015, and the Hon'ble Division Bench, vide^judgment dated, 16.04.2015, observed and directed as follows:

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" Learned cowtsel appearing for the appe\Iants-University, on instructions, submits that the appellants are prepored to implement the order dated 23.06.2014, passed by the leaned Single Judge, impugned in the present writ appeal. He submils lhat the

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appellants have already addressed a communication to the

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Government for seeking permission to award the palt scale as per the impugned order

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Learned Government Pleader appearing Jbr the State submits that they will consider the case of the respondents in the instant appeal on pr with petitioners in W P.No.2 I 3.1 I of 1999 and shall extend the similar benefits to them. His stalenent is recorded and accepted.

¶118

In the circunstances, we do not find a4, reason lo keep this writ appeal pending ony further We, therefore. dispose of the writ appeal with direction to the State ofTelangana to take appropriate decision on the request made by the Universilt' vide their communication, dated 02.12.2014, ot the earliesl. and in anv case within a period of three months from today. Consequentl.r'. tlrc time granted by the learned Single Judge for implementing the order is also extendedfor a period of three months.t'i'om toda.t'.^'

¶119

Consequent to the order dated 16.04.20 l5 passed in W.A. No. 300 of 2015, the respondent--Osmania University-addressed a letter dated 08.06.2015 to the lst respondent, requesting pennission as fbllorvs:

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"ln the obove circumstances, I requcst vou to kitull.r' clariJt' whether they can be extended the desired pay scales. itt uccttrtktnce with the direction of the Hon'ble High Court

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If the above request is possible. kindlv accttrd^{pcrnissiottto} award the Pty Scale ofRs.l0l0-1800. Rs. 1875-2750^{andRs 3550-} 7150 in the revised poy scales ol 1986. l99l and^{1999 tespectivelv.} to the Lab. Attendants working in our^{[Jni't'ersit]'.rts per the Orders} of the Hon'ble High Court of Judic'ature^{ut l{yrlerubatl} /br^{the State} of Tblangana and the Slate ofAndhra Pradesh.

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..,-

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wp_13781 & 29697_2017, and wp-44079_2OB NBK, ]

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In r,:sponse to the letter dated 08.06.2015, addressed by the respondent University, rhe lst respondent issued a lefler dated 07.l2.zol5 stating as [<rllows:

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"6. ln this regard, you are informed tlut the pay Scales assigned to the post of Loboratory Attendant in Osmania Unh,ersity frim RSP ' 99J ro RSP l0 t5 are as follows:

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S.No.	FISP	G.O.No.&Dt.	S.No.of	P	Scale
			the Schedule	Pre-revised	Revised
1	1(93	GO.(P)No 347, or1-10-1993	273 247	740-1150 780-1275	1475-2675
2	1999	Go(P) No.1s5, ot.15-09-1999	251	1475-267a	2750-5100
3	05 2A	GO(P) No.236, Dt.14-08-2006	252	27fi-515C	4050-9050
4	2010	GOMs.No.137, Dt.28-04-2010	252	4050-9050	7100-21250
5	2015	GO.Ms.No..t02, Dt 23-07 -20't5	236	7100-21250	13480-42490

¶128

Fu,tlrcr. thc Pa.v Scales assigned to the Osmanio Llniversity and .luxtthtrltl Technological University, Hyderabad as per G.O.tp1 No.3J'. l;inunce and Plonning (FW.?CJ) Departmenr.'dt.I_t0_I99 j us.f olltt'!

¶129

Isl. l"o i	Nameof the University	PRC G.O i	Designation	SI.No.of the Schedule	qll9!4!e Pre-revised	Revised
Ir I 2	Osmarra Unrver;rty JNIU Hyderabad	GO(P)No.347, Dr1-10- 1993 GO(P) No 347, Dt1-10-1993	Laboratory Attendant Laboratory Attendanl (oTRt, Ananthapur)	273 247 83	740-1150 780-1275 1010- 1800	1475-2675 1875-3750
l			Laboratory Attender	124	780-1275	1475-267- I

¶130

8 Buse I on tlrc ubove. it is clear that the Lab Attendants of-O.smanio (,rtir,'t,r: itr. ur( getting the same scales as Lab .4ttendt,rs ol Juvulu,rlul .'chru Tbchnological University. Ont). thc Luh Attetuktnt.r o/ ()il Technologt Research Institute Aru.nthapur. art, kcpt. ut tt .(t\trot(./boting by the pRC due to their ,liLleienr und .-, higlter tltrulrlications. exBerience required and dutie.s ulso suclt trs

¶131

¶132

wp 13781& 29697 2017, and wp_!4079-2018 N8K, '

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i ,Il I I i I i I i II I t I I I I I I ! I I i Il i I I I

¶134

preparation of Laboratory reagents etc. Moreover, Sranting^any parity in Poy-Scales k a subject matler of the^PRC.

¶135

Therefore, the Petitioners are eligible for^{the Pay Scalesas} mentioned at para (6) above only. You are^requested to^lake further action in the matter accordingly.^"

¶136

[n pursuance of the letter dated 07.12.2015^{addressedby the lst} respondent, the respondent-Osmania^{University-passedordersvide letter} dared 29.01 .2016, wherein it is stated as^follows:

¶137

"5. The Government, through its letter No.I602/UE/201 5-2' Dt.18' 08-20 t 5 Oth Cikd) sought information^{u)ith regard tu the} Qualfications^{andnature of dutiesof the Lab Atlendantsworking in} the [Jniversity, with a direction to^{addressJNTU,Ananthapur,and} ascertain in writing the^{qualficationsrequired} for^{recruilment and} duties/responsibilities attached^{to the post of LaboratoryAltendants} of Oit Technologt Research^{Institute of JawaharlalNehru} Te c hno logical University, Ananthapur

¶138

As per the information^obtained from^{the JNTU. Ananthapur'the} Qualifications^required for^{the post Lab Attendantsof OTRI,JNTU} are higher than those prevailing in^{this University and tlrc natttre oJ'} dulies / responsibilities also vary,^{as detailed below:}

¶139

Sl.No	University	Pay Scale	Qualification	Outies& Res onsibilities
1	Osmania University	780-1275 (RSP1986)	APassrnOld VlllorNewlX	1)Keeprngthe rnstruments / Machrnery clean andsupplyrng them tostudents^rn ac{rcal lab
2	JNTU (oTRr) Ananthapur	1010-1800 (RSP1986)	Passin SSLCor 'l0hClass ORits equivabnt. Must have ONE year experience in reoognized laboratory	'l) lnchargeofthe concerned Laboratory 2)Preparahonof Laboralory reagents 3) Marntenance Laboratory records oti I ___l

¶140

The information/clarification was forwarded to the Covernnenl. through University letter No.MR-199/39/20 I 5- I 6. Dt.^{I 9- I 0-20 I 5} 1Re.{.^{6't'c ited).}

¶141

¶142

utp-137a1 & 2989j -2O7j , and wp_44o79 2018 NB(, J

¶143

8.-lle fioyrnm,ent. rhrough its tetter No.l602/LrE/20t.r-3, Dt.07_ 12 2015 (Ref 7,h cited, his informed that the lab- )'uenaants of Ot ?::h Universiry and.INT'{J are gerting " sarr" ioi" oJ R,s.7g0 - '275^(RSp 1986) under^,.Comlmon Z"goj:. Or)y ,n" Ut At ?ndants of Oit Tbchnologv Research tnititu," oy'la*alrartat Nenru Technologicat Univeriity, Ananthapur, ori trpi oi o ,"prror" foo,ing^bv the^palt Revision Cn,n^ission'clue i" iii{iiyTerenr and ltig\er qualtfications. experience required ona aai'i also viz., prcparotion of Laboratorl, re-agenfs erc-,

¶144

¶145

The Lab Attendanrs working in Osmania Ltniversity have alretdt. hecn a.s-signed the pay Siles, as *"niioura above, from time to timc. The petitioners in ty.pNo.2607/2003 hoe alreadv been exta,tded y,ith rhe . benefirs on par *lri ;";;;;;;;"';; ll/. P \o.2 I -ll t/ I 999. rhe ,o." is ,econsidered ana cor\rmed.,,

¶146

Heard leamed Senior Counsel Mr. Avadesh Narayan Sanghi, appearing rbr the petitioners; leamed Government preader for Services-I for the lst respondenr; and Mr. Ch. Jagannatha Rao, leamed Standing Counsel for respondent. Osrnania [.tniversity. perused the record.

¶147

At rlre ourscr. thc petitioners, who are Laboratory Attendants in Osmania [_ niversitv. contend that they are equivalent in cadre to the Laborato* A*encranrs or'JNTU (orRI) and are therefore entitled to the same pay as rhar ol'rhe [.aboratory Aftendants of JNTL.(OTRI). However, they have been assigned thc pay scale oflaboratory Attender ofJNTU under the "Comm<,n Cadre."

¶148

In this contcxt, it is relevant to refer to the judgm,:n t in punjab State Power Corp,tra!ion Lttl l'.7 Ruje;^h Kumar Jindal, whrcrein the Hon,ble Supreme ('.Lrrt. rc'[L'rri.g to various precedents on the issre, herd as foflows:

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wp_13761 & 29697-2017,^and wp 44079_2018 NBK, ]

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I 4. Ordinarity. the courts will not enter upon^{the task ofjob evaluation} which is generally left to expert bodies likc the Pay Commission^etc. The aggrieved employees claiming parity must establish^{that they are} unjustly treated by arbitrary action or discriminated. In Kshetriya Kisan Gramin Bankv. D.B. Sharma and Others⁽²⁰⁰¹⁾ I SCC^353,this Court held as under:

¶153

"7. The next question that arkes for consideration is, as to what extent the High Court would be iwtifiedⁱⁿ exercise of its extraordinary^jurisdiction under Article 226 to interfere with the findings of an expert body like the Equation Committee. In Snte of U.P. ard Others v. J.P. Chaurasia and Others⁽¹⁹⁸⁹⁾ I SCC I 21, this Court unequivocally held that in the matter of equation of posts or equttion of^pay, the^same should be left to the Executive Government, who can get it determined by expert bodies like the Pay Commission, and such expert^body would^{be the best} judge lo evaluale the nature of duties and responsibilities of the posts and when^such delermination by a commission or committee^{is made,} the court should normally accept it and should not try lo tinker with such equivalence unless it^is shown^thal it was made with extraneous consideration^{... . "}

¶154

After referring to P.K. Roy b case, this Courl,^{in SAIL' hetcl} us Ltndcr

¶155

"25. In State of Maharashtra and Another v. Chandrakant Anant Kulkarni and^{Others(198I) I} .S('(' 130 and Vice-Chancellor L.N.^Mithila Llniversity v. Dayanand Jha^{(i,986)3 SCC7, a similar} viett' has been reiterated observing that equal^stalus uni nature and responsibilities of the^{duties atlached} lo lhe two posts have to be talcen into^{consideration} /ir^{equivalence of the post.Similarview hrts been} rt,iterated in E.P Royappa v. State of^{T.N. and Another} (1971) 1 SCC 3 and Sub-Inspector Rooplal and Another v. Lt. Governor Through^{Chief Secretary',} Dethi and Others (2000) I SCC 644,^whereinthis Court.following the earlier^{judgment in PK. Roy AIR} 1968 SC 850 held that the salary of the^post alone^may not be a determining faclor, the other three^crilerion .slroukl also be fulfilled.^"

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wp_13781 & 29697_2017, and wp _44079 _2018 N8K, ]

¶158

It is thus well sctlled thot it is the dat^ of an emplovee seeking parity of scule qf pay to prove that the educ'ational qualiJ'cations required for both the posts, mode of rtcruitment and the nalure ofwork performed by them are one and tl,e same. There are neither pleodings nor any, material produced by the respondents lo pro )e that the nature ofwork performed by the lnternal Auditors is similar u,ith thot of the Head Clerks. In the writ pelition, respordents have claimed parity of pay scale only on the ground that they were categorised in Group Xll along with the Head Clerks. Merefi, en tlrc growtd that the cadre of Internal Auditors are placed in Grcup XII along u,ith the Head Clerks, cannot br a ground for seekin.T parii, of pay scole.

¶159

In tigt t of the law laid down by the Hon'ble Supreme Couftin Punjab State Power Corporation Ltd. (supra), atier considering several precedent judgments, i. is to bc noted that claims regarding parity of pay with juniors in the same organization stand on a dit-ferent footing from claims seeking pay parity with allegedly "sirnilarly situated employees" in other departments. Furthcr. the nomenclaturc ol the post/designation cannot by itself form the basis or solc ground fbr claiming parity 01'pay scale. Persons claiming pay parity nrust dernonstrate that the qualificati,)ns for recruitment and the natu re of the u,ork are thc salne. Moreover, the purport of the judgments of the Hon'ble Suprenre Court is that insofar l)arity of pay scales is concemed, this lalls rvithin the domain of the Executire Government and the Pay Revision^{(lornmissions} have to examine such claims. The Courts, under Article 2f(r. cannot take up the task of job evaluation for determinatiorr of claims of' pay parity, fbr such parity depends on a variety of factors, orre which is the nature of duties and responsibilities and the qualifications requircd to pcrlornt theiob; and as perthe law through various precedents of Hon'hle Suprerne^('ourt, the clairn of pay tarity is better left

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wp 13781& 29697-2017,^and w9^,14079_2018 NAK, J

¶162

to the Expert Committees and^{Pay RevisionCommittees,unlessthere is a} glaring pay disparity on the face of the record, all other^{things relating to} qualifications and nature of duties and responsibilities^{being the same.}

¶163

t2. In the instant case,^{the record shows that the Lab Attendantsof} respondent-Osmania University^{wereinitiallyunder two different schedules} (i.e.,273 and247). The Revised Pay Scales^{(RPS), 1993mergedthem under} a single pay scale, i.e., Rs. 1475 2675,and^{such parity continuedin the RPS} of 1999, 2005, 2010, and 2015. The^{grievance ofthepetitioners is that their} designation is "Lab Attendants,"^{andthere has been continued parityin pay} scale throughout, but now^{theyhave been equated with"Lab Attenders" of} JNTU, whereas the^{respondentauthorities ought to haveequatedthem with} the "Lab Attendants of JNTU^{(OTRI)"andought to have grantedthe higher} pay scale as was granted to the^{"LabAttendants of JNTU(OTRI)."}

¶164

In the context of this^{specific grievance, it is to be noted that the} recruitment qualitrcation lor^{Lab Attendantof Osmania Universityis a} "Pass in Old l,'lll <tr New IX.^" whereas forLabAttendantof OTRI^(JNTU)' the qualitication is a Pass^{in SSLC/|1thClass or its equivalent,with one} year of axperiente in a recttgnized^{laborator!'. Further, the nature of duties} of the Lab Attendant of^{Osmania Universityis"keeping the} instrttmenrs/mac.hincn^{clean and supplyingthem to students in the practical} /ab^", whereas the Lab^{Attendantof OTRI (INTU) is "in chargeof the} concerned loh<truorl'.^{prepareslaboratoryreagents,and maintains} laboratorv recortls".ln^{view of higher recruitmentqualificationsand more} advanced nature of duties^{prescribed for the [,ab Attendantsof JNTU} (OTRI), the argument of pay parity being^{pleadedby the petitioners herein} based solely on the nomenclature^{oi the post,i.e., "Lab Attendant,",andon}

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wp 13747 & 29697 _2017, and wp_MO79 2O1A NB( J

¶167

the basis of parity that once existed in earlier pay Revi:;ion Commission, is a misconceived grievance.

¶168

In this connection, it may not be out ofplace to refer to page 76 ofthe material papers of the writ petition, wherein various posts and their respective pay-scales are lndicated under G.O. (p) No. 347. A bare perusal at Serial N<,.272, pertaining ro the post of Boiler Anendant. would show that the exi^jting Pre-Revised Scale of Boiler Attendant is Rs. 740-ll5O; however, in the Revised Pay Scale, intemal categorization has been done, wherein Boiler Attendants without academic educational qualification or experience are placed at Rs. 1375-2175, and the Boiler l.ttendants who have SSC qualifrr:ation as well as Boiler Attendant certificate are placed at Rs. 1665-3200 p'ay scale. It is ro be noted rhar rhough, ar one point oftime, there used to be p:rity of pay for all Boiler Attendants in the pre-Revised Scale of Rs.740-l l5(t, but in the Revised Pay Scale, they have bet:n segregated based on their acaiemic education/experience qualifications, and were assigned different pay scales. Therefbrc. the parity. rhat once existed could subsequentl5 get disrupred due ro the pay Revision Commissions/Government takinq uote ol thc diff'erent a,:ademic education/ experience rlualifications in a parlicular post/cadrc: and parity may be granted for certain posts/employees by rner_eing into conrmon category.

¶169

In that view of the matter, therc being substantial diff'erence in respect of the educat.onal and experience qualilications fbr recrurtment. and also the nature of duties performed by the t-ab Attendanrs ol'Osmania University vis-d-vis the Lab Attendants of JNTLI (orRI). and in liqht of the law laid down by the Hon'ble Supreme Court in punjab Srttc f,ower Corporation (supra) and several other precedcnrs. the purport ol u,hich is that the

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wp-137B1 & 29697 -2017 .^and wP_44O79-2O r8 N8X, J

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-f

¶173

nomenclature^{of a post alone cannot be the sole decidingfactor for} claiming/granting^{parity of pay scale with other employees allegedly} working in similar^{or analogous posts, the argumentof the petitionersherein} cannot be countenanced.^{There must be simitarityin bothrecruitment} qualifications and also the^{nature of dutiesperformed, to lay a claim for} parity ol pay. In^view ol^{the disparity in recruitmentqualifications and} nature of duties^{perfbrmed by the petitioners and the Lab Attendants of} OTRI^{(JNTU), the petitioners cannot be granted the relief prayedfor, and} hence the writ^{petition is liabteto be dismissed for lack of merit'}

¶174

Accordingty,^{the writ petition is dismissed.W'P' Nos' 29697 of 2017} and 44079 0f 2018^{are also dismissedlbr reasonsalike.No costs. This court,} however, is inctined^{to obsen'ethat in view of the policy standtaken by the} 1st respondent in^{the irnpugned orderdated07.12.2015, stating that granting} parity in pay scales^{is thc subject matter of the Pay Revision commissions} (pRC), it is made clcar that^{this ordershall not precludethe petitionersfrom} making appropriate^{representationbefbre the Pay Revision Commission' if} so advised. Miscellanct-rus^{pctitions pending, if any,shall standclosed'}

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