NARASIMHA RAO Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This writ petition is filed under Article 226 of the Constitution of India for the following relief:-

(2.) Brief facts of the case are that the petitioner was engaged as Technical Maistry assisting in the Range Office at Sileru in the office side by attending all ministerial works on par with other ministerial staff. He has completed 5 years of service as on the cutoff date i.e., on 25/11/1993. Keeping in view the Government Orders i.e., G.O. Ms. No. 117 Environment, Forests, Science and Technology (For.V) Department, dtd. 27/2/2009 the Principal Chief Conservators of Forests issued orders dtd. 9/10/2009 for extending Minimum Time Scale provided against vacancy of Forest Beat Officer. The said Minimum Time Scale is being enhanced as per Revised Pay scales. While passing the said orders for Minimum Time Scale details of first appointment, qualifications and availability of vacancy were all taken into account. On 29/10/2009 proceedings were issued by the Divisional Forest Officer, Narsipatnam, granting minimum time scale of Rs.4,595.0010,285/- in the category of Forest Beat Officer with D.A. to the petitioner. Thereafter, similarly situated persons who are granted MTS under G.O. Ms. No. 117 EFS&T (For.V) Department, dtd. 27/2/2009 have filed O.A. No. 6978 of 2013 and batch for granting increments, HRA, Additional HRA and other allowances and the same was allowed by the A.P. Administrative Tribunal and the same was confirmed by this Court. Accordingly, the colleagues of the petitioner were getting increments and other benefits referred to above.

(3.) Counter affidavit is filed by the respondents denying all the averments made in the petition and contended that G.O. Ms. No. 212 Finance and Planning (FW.PC.III) Department dtd. 22/4/1994 is not applicable to the petitioner. in the said G.O. the Government has decided that the services of persons who worked continuously for a minimum period of 5 years and are continuing on 25/11/1993 be regularized by the appointing authorities. But the petitioner has not completed 5 years service as on 25/11/1993 and not working as on 25/11/1993. It is further stated that the Government in G.M. No. 4903/Sec.V/2014, dtd. 28/3/2017 has issued orders that the applicants in O.A. No. 6978/2013 only be granted HRA and annual grade increments in the time scale where in their pay was fixed w.e.f. 27/9/2013 and to extend the benefit to further pay revision made and time to time. Hence, the representation of the petitioner has been forwarded to the Conservator of Forests, Visakhapatnam for onward submission to the Prl. Cheif Conservator of Forests (HoFF) to take decision on the representation of the individual by the Government.