G.Rajesh v. The District Educational Officer,

HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No. 30667 of 2017 ORDER:

The Writ Petition is filed seeking Mandamus to declare that the petitioners are entitled for fixation of their seniority with effect from December, 2012 on par with less meritorious candidates, who are appointed in DSC-2012 and consequential benefits like arrears of salary and fixation of revised pay Scales in RPS 2015 by taking their date of joining is prior to 01.07.2013 by extending all the monetary benefits accrued as per Proc.Rc.No.B1/ 3158/ 2016, dated 29.08.2017. 2.

Heard the learned counsel for the petitioners and the learned Government Pleader appearing for the respondents.

3.

The learned counsel for the petitioners submits that the subject matter in this writ petition is squarely covered by the common order dated 05.11.2015 passed in OA No.4803 of 2015 & batch on the file of the Andhra Pradesh Administrative Tribunal, Hyderabad, wherein the Tribunal allowed the OAs and the WP No.26518 of 2017 filed for implementation of the same is disposed of by recording the submissions of the learned Government Pleader, which reads as under:

" At the hearing, the learned Government Pleader for Services (TS) appearing for respondent Nos.1 to has placed before us proceedings in Rc.No.B1/ 3158/ 2016, dated 29.08.2017, of respondent No.1, wherein, while fixing notional seniority of the petitioners on par with DSC-2012 candidates basing on their joining date, he has directed the Head Masters concerned to implement the order of the Tribunal with all the consequential benefits like arrears of salary and fixation of pay in Revised Pay Scales, 2015 by taking their date of joining prior to 01.07.2013 and extending all the monetary benefits and to submit compliance report. The learned counsel for the petitioners has expressed the apprehension that the official respondents may take unreasonably long time to implement the direction to pay the monetary benefits. The learned Government Pleader has submitted that in order to pay the monetary benefits, the Head Masters concerned have to fix the pay of the petitioners in Revised Pay Scales, 2015 and this process would be completed within six weeks from today.

In the light of the above, the Writ Petition is disposed of, placing on record the submission of the learned Government Pleader regarding the time schedule within which the pay fixation is done and the monetary benefits are extended to the petitioners."

4.

Having regard to the facts and circumstances of the case and taking into consideration of the submissions made by the learned counsel for the petitioners requesting to extend the same benefit to the petitioners herein also, I am of the view that the Petitioners are entitled for notional fixation of pay in Revised Pay Scales, 2015.

5.

Accordingly, the Writ Petition is disposed of directing the respondents to fix the Pay Scales of the Petitioners in Revised Pay Scales, 2015 notionally, within six (6) weeks from the date of receipt of the Order. No costs. As a sequel, the miscellaneous petitions if any, shall stand disposed of. _____________________________________ HON'BLE SRI JUSTICE A.RAJASHEKER REDDY 21st September, 2017 Mjl/ *