N GOPI KUMAR AC PLANT OPERATOR VENKATESWARA INSTITUTE OF MEDICAL SCIENCES TIRUPATI CHITTOOR DISTRICT Vs. DIRECTOR SRI VENKATESWARA INSTITUTE OF MEDICAL SCIENCES TIRUPATI CHITTOOR DISTRICT

JUDGEMENT

(1.) These two writ petitions can be disposed of by a common order as they involve common questions of fact and law.

(2.) Writ Petition No.15849 of 1999 is filed by Sri N. Gopi Kumar praying this Court to issue a Writ of Mandamus declaring the action of the respondent, namely, the Director, Sri Venkateswara Institute of Medical Sciences (SVIMS), Tirupati, in not fixing his pay in the scale of pay of Rs.2195-4560 as per revised pay scales-1993 as arbitrary and violative of Article 14 of the Constitution of India. He also seeks a consequential direction to the respondent to refix his scale in the scale of pay of Rs.2195-4560, i.e., the scale of pay applicable to the post of A.C.Plant-cum-Generator Operator ('AC Operator' for brevity) held by him with effect from the date of his initial appointment with all consequential benefits.Writ Petition No.15993 of 1999 is filed by one Sri K.K.Thulasiram for a similar relief. Before giving a resume of the dates and events leading to filing of the cases, it is necessary to notice that in Writ Petition No.15849 of 1999 this Court issued interim order in W.P.M.P.No.19556 of 1999 on 26.11.1999 directing the respondent to pay salary to the petitioner in the scale of pay of Rs.2195-4560. The petitioner filed a Contempt Case alleging violation of the order of this Court. Therefore, the respondent issued proceedings dt.10.4.2001 sanctioning the scale of pay of Rs.2195-4560 subject to final orders in the writ petition. By reason of the proceedings of the respondent dt10.4.2001, it is stated that Gopi Kumar is drawing salary in the pay scale of Rs.2195-4560. The respondent notified two posts of AC Operators to the Employment Officer, Chittoor.The latter sponsored the names of the petitioners herein. The petitioners were interviewed on 17.11.1992 and as a furtherance thereof Gopi Kumar was appointed by proceedings dt.11.2.1993 as AC Operator in the pay scale of Rs.780-1275. He joined duty on 17.2.1993. He made representations requesting the scale of pay of Rs.1100-2500 or the pay as applicable to the post of AC Operator. He was asked to produce educational qualification certificates and experience certificate which he did. No action was taken, but the respondent issued proceedings dt.24.6.1996 regularising his services as AC Operator with effect from 17.3.1993 and also declared him as approved probationer with effect from 17.2.1995. In the meanwhile, the Government of Andhra Pradesh revised the scales of pay to its employees with effect from 1.1.1993 and Governing Council of SVIMS resolved on 3.4.1994 to implement revised scales of pay. The respondent for the purpose of fixation of pay classified AC Operators as Grade-I and Grade-II in the scale of pay of Rs.2195-4560 and Rs.1665-3200 respectively. The petitioner alleges that he was appointed as AC Operator and his pay should be fixed in the scale of pay of Rs.2195-4560. However, the respondent fixed the scale of pay of Rs.1665-3200. The petitioner made out grievance before the General Manager (Operations) pursuant to a Circular dt.26.8.1998 calling upon the employees to make representations regarding anomalies in the fixation of pay scales.The Head of the Department submitted a report to the respondent recommending the scale of pay of Rs.2195-4560.This was not done. However, in the case of many others certain recommendations made by the Head of the Department were adopted and scales of pay were revised. The petitioner therefore brought to the notice of the respondent the anomaly and made representations, in vain. In Writ Petition No.15993 of 1999 the facts are similar with a little variation.

(3.) Pursuant to interview call letter the petitioner appeared on 17.11.1992 before the Selection Committee. He was selected and appointed as Assistant AC Operator by proceedings dt.6.4.1993. He joined duty on 8.4.1993. He also made a representation to the respondent requesting scale of pay of Rs.1100-2050. Though he was asked to submit educational qualification certificates along with experience certificate, nothing was done. In the mean while, his services were regularised with effect from 8.4.1993 and also he was declared as approved probationer with effect from 8.4.1995. He made representation to the respondent alleging that he was called for interview for the post of AC Operator. He was regularised as such and his probation was declared as AC Operator and therefore he is entitled for the scale of pay of Rs.2195-4560. As no action was taken, he filed the writ petition. This Court by order dt.16.10.2001 in W.P.M.P.No.19734 of 1999 issued interim orders directing the respondent to consider the case of the petitioner to pay salary as per the recommendations of the General Manager (Operations) SVIMS. In obedience thereof, the respondent issued proceedings dt.15.4.2002 rejecting the request of the petitioner to grant scale of pay of Rs.2195-4560.