Shrifunnisa And 21 Others, v. Prl.Secy., Ma., Andud Dept., Hyd., And 4 Others,

HON'BLE SRI JUSTICE SURESH KUMAR KAIT AND HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI WRIT PETITION No.11931 of 2017 ORDER: (Oral) (Per Suresh Kumar Kait, J) Vide the present petition, petitioners have challenged order dated 17.02.2017 passed in O.A.No.335 of 2017, by the Andhra Pradesh Administrative Tribunal, whereby the application filed by the petitioners under Section 19 of the Administrative Tribunals Act, 1985 has been dismissed.

2.

Petitioners were appointed during the year 1990 on NMR basis in the 3rd respondent Corporation. They filed the aforesaid O.A., claiming that they were appointed in the 1990 and subsequently the Government issued G.O.Ms.No.823, M.A., dated 28.11.2008 extending the payment of minimum time scale to them and others. The grievance of the petitioners is that they were not released annual grade increments, H.R.A., and C.C.A. Therefore, they filed application before the Tribunal to release annual grade increments and H.R.A., to them from the date of payment of minimum time scale together with arrears.

3.

The case of the respondents herein is that petitioners are not entitled for periodical increments, H.R.A., and other allowances, which are not being granted to them.

SKK, J & AKS, J W.P.No.11931 of 2017 4.

Learned counsel appearing on behalf of the petitioners submits that the issue raised in the present petition has already been decided by this Court in W.P.No.26788 of 2017 vide order dated 10.08.2017. 5.

It is pertinent to mention here that petitioners in the aforesaid writ petition were working in Last Grade Service in Kavali Municipality, Nellore District since 1989. As their services were not regularized in view of the fact that they did not put up five years of service as on 25.11.1993, the cut-off date mentioned in G.O.Ms.No.212, Finance and Planning Department, dated 22.04.1994, they continued as NMRs./Daily Wage Workers all these years. However, they have been extended minimum time scale. They filed O.A., before the Tribunal for direction to the respondents to release the annual grade increments, HRA and CCA from the date of payment of the minimum time scale along with arrears. 6.

The facts of the aforesaid case and the case on hand are similar and in the aforesaid case, this Court restricted the benefit of arrears from the date of filing of the O.A., by the petitioners therein. Accordingly, respondents were directed to release the minimum time scale of pay to the petitioners therein by adding the annual grade increments as and when they fell due from time to time. 7.

Since the facts and circumstances of the case on hand are similar to the aforesaid case, we are of the considered opinion that the

SKK, J & AKS, J W.P.No.11931 of 2017 directions issued by this Court in the aforesaid case are applicable in the case of the petitioners herein.

8.

Accordingly, respondents are directed to release minimum time scale of pay to the petitioners by adding the annual grade increments as and when they fell due from time to time within a period of four weeks from the date of receipt of this order. It is made clear that the said benefit shall be restricted only from the date of filing of the O.A., by the petitioners.

9.

Writ petition is accordingly allowed. No order as to costs. Miscellaneous petitions, if any pending in the writ petition, stand closed.

________________________ SURESH KUMAR KAIT, J ______________________________ ABHINAND KUMAR SHAVILI, J March 6, 2018 MRR