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High Court for State of TelanganaWP/20554/2018allowed no costs

Smt.K.Neelamma v. The State Of Telangana,

2018-07-13Abhinand Kumar Shavili,Suresh Kumar Kait2 pages

HON'BLE SRI JUSTICE SURESH KUMAR KAIT and HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI W.P. No.20554 of 2018 COMMON ORDER:- (Per the Hon'ble Sri Justice Suresh Kumar Kait) Vide the present petition, the petitioners have challenged the order dated 17.03.2015 passed in O.A.No.7007 of 2010 and batch, by the Andhra Pradesh Administrative Tribunal, Hyderabad, whereby the application filed by petitioners and others under Section 19 of the Administrative Tribunals Act, 1985, has been dismissed. 2.

The petitioners are working as Public Health Workers since 1991. In the year 1995, minimum time scale of pay was granted to them and in the year 1998, periodical increments were sanctioned to them. Thereafter, in the year 2005, the said increments were stopped without any proceedings.

3.

Learned counsel appearing on behalf of the respondents has disputed this fact, but, keeping in view the facts and circumstances of the case, even if the periodical increments are not paid, the petitioners are not entitled for the said increments. 4.

It is pertinent to mention here that the application under Section 19 of the Administrative Tribunals Act filed by the petitioners was dismissed along with batch including O.A.No.460 of 2012. The petitioners in the said O.A. came before this Court challenging the order dated 17.03.2015 passed in O.A.No.460 of 2012 vide W.P.No.29649 of 2018. Vide order dated 06.03.2018, this Court

SKK,J & AKS,J WP No.20554 of 2018 allowed the said writ petition directing the respondents to revise 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 within a period of four weeks from the date of receipt of the order. 5.

In addition to above, the similar issue came up before this Court in W.P.No.26788 of 2017 and the same was allowed vide order dated 10.08.2017.

6.

The facts of the aforesaid cases and the present case are similar. Therefore, we are of the considered opinion that the direction issued by this Court in the aforesaid cases is applicable to the case of petitioners herein.

7.

Accordingly, the Writ Petition is allowed, directing the respondents to revise the 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 a copy 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. No order as to costs. Miscellaneous Petitions, if any pending, shall stand closed.

_____________________ SURESH KUMAR KAIT, J _________________________ ABHINAND KUMAR SHAVILI, J 13th July, 2018 sj