GOVERNMENT OF ANDHRA PRADESH Vs. TANUKU NAGESWARA RAO

JUDGEMENT

(1.) These three writ petitions by the Government of Andhra Pradesh and the Commissioner & Director of Municipal Administration are filed against three separate orders of the Andhra Pradesh Administrative Tribunal. The point involved being the same; this common order shall dispose of all the three writ petitions. Be it also noted that W.P. Nos. 24130 and 24344 of 2011 are filed against those orders of the Tribunal which were passed on 09.9.2008 and 24.10.2008 respectively, with a delay of almost three years whereas the W.P. No. 24330 of 2011 is filed against the order of the Tribunal dated 27.10.2010. It would be suffice to notice the factual background in W.P. No. 24130 of 2011 because in other two matters, there is similar factual matrix.

(2.) The first Respondent was appointed as public health worker on 12.8.1991. The appointment was made by the Commissioner of Repelled Municipality, the second Respondent. From 1993, in terms of various Government Orders, he was also extended benefit of revised pay scales from time to time. He was also placed in the time scale of pay and was given periodical increments. In 2008, he was denied the annual grade increments based on the audit report. Therefore, he filed O.A. No. 7088 of 2008 praying for a direction to the Commissioner of the Municipality and other Respondents therein to release the annual grade increments from the date of payment of minimum time scale along with arrears. In his O.A., he placed reliance on the earlier decision of the Tribunal in O.A. No. 7915 of 2002 dated 26.8.2002 which was confirmed by the Division Bench of this Court in W.P. No. 27214 of 2005 dated 23.8.2006.

(3.) By order dated 09.9.2008, the learned Tribunal disposed of O.A. No. 7088 of 2008 in terms of the orders in O.A. No. 1558 of 2007 dated 26.3.2007 which in turn followed the orders in O.A. No. 7915 of 2002. In the other two writ petitions similar claims were made and they were allowed by the learned Tribunal following the earlier orders referred to herein above. Therefore, it is necessary to briefly refer to these orders.