Saheba Khakashan v. A.P.State Wakf Board

HON'BLE THE ACTING CHIEF JUSTICE DILIP B.BHOSALE AND HON'BLE SRI JUSTICE P.NAVEEN RAO WRIT APPEAL No.1913 of 2005 Date: 12.07.2016 Between:

Saheda Khakashan, D/o Mohd.Ahmed Hussain, Aged about 34 years, r/o H.No.8-42, Lakkdiwala, Yousuf Mir. Patel Road, Shadnagar, Mahabubnagar District.

.....Appellant/ Writ Petitioner and A.P. State Wakf Board, rep.by its Chief Executive Officer, Nampally, Hyderabad.

.....Respondent/ respondent The Court made the following:

HON'BLE THE ACTING CHIEF JUSTICE DILIP B. BHOSALE AND HON'BLE SRI JUSTICE P. NAVEEN RAO WRIT APPEAL No.1913 of 2005

JUDGMENT: (Per the Hon'ble Sri Justice P.Naveen Rao) The appellant filed the Writ Petition No.19574 of 2003 praying to grant the following relief:

"To issue a writ of mandamus or any other appropriate writ order or direction declaring that the petitioner is entitled to revised pay scales of 1993 on par with the employees of Jahangir Peeran Industrial Training Institute and consequently direct the respondents to pay the revised scales of payoff 1993 to the teaching and non-teaching staff of Jahangir Peeran Upper Primary School (High School) on par with the employees of Jahangir Peeran Industrial Training Institute. "

2. Petitioner was the employee of school established by Hazrat Jahjangir Peeran Darga (2nd respondent). The grievance of the petitioner is that the employees working in the school are not extended the benefits of the revised pay scales of 1993 notified by the Government and discriminatory treatment is meted out to the employees of the school as compared to the employees working in Jahangir Peeran Industrial Training Institute, though the said institute was also established by Hazrat Jahjangir Peeran Darga (2nd respondent).

3. This writ petition was heard along with W.P.No.17156 of 2001 and learned single Judge dismissed both writ petitions. It was held that petitioners are not entitled to the benefits of revised scales of pay, 1993, applicable to the employees of the State Government.

4. Aggrieved by the decision of the learned single Judge, petitioners in W.P.No.17156 of 2001 filed W.A.No.1909 of 2005. The Division Bench of this Court allowed the said writ appeal by judgment dated 30.07.2014 and respondents were directed to pay salary to the appellants in the minimum of the pay scales attached to the equivalent posts in the Government or aided institutions and further directed

extension of such benefit from 01.08.2014.

5. In view of the said decision of the Division Bench in W.A.No.1909 of 2005, this writ appeal is disposed of by the following order:

"If the petitioner is similarly tuated to that of the petitioners in W.P.No.17156 of 2001 and if the petitioner was in service as on 01.08.2014, the benefits as extended to the petitioners in W.P.No.17156of 2001 shall also be extended to this petitioner also." Miscellaneous petitions, if any, stand disposed of. No costs. ___________________________ DILIP B. BHOSALE, ACJ ___________________________ P.NAVEEN RAO, J Date:12.07.2016 kkm HON'BLE THE ACTING CHIEF JUSTICE DILIP B.BHOSALE AND HON'BLE SRI JUSTICE P.NAVEEN RAO

WRIT APPEAL No.1913 of 2005 Date: 12.07.2016 kkm