LAWS(APH)-2016-9-52

K. RAJESWARA RAO S/O. LATE SRI RAMA PLOT NO.302, PREETI AVENUE, MYLARAGADDA, SEETHAPHAL MANDI, SECUNDERABAD Vs. ANDHRA PRADESH STATE ROAD TRANSPORT CORPORATION, MUSHIRABAD, HYDERABAD, REP. BY ITS MANAGING DIRECTOR

Decided On September 30, 2016
K. Rajeswara Rao S/O. Late Sri Rama Plot No.302, Preeti Avenue, Mylaragadda, Seethaphal Mandi, Secunderabad Appellant
V/S
Andhra Pradesh State Road Transport Corporation, Mushirabad, Hyderabad, Rep. By Its Managing Director Respondents

JUDGEMENT

(1.) As the issue raised in these three writ petitions is same, the writ petitions are disposed of by this common order. For convenience, facts in W.P.No.2026 of 2011 are taken into consideration.

(2.) Petitioners are Class-I Officers retired from service on attaining the age of superannuation between 01.04.2009 and 31.01.2010. Revision of pay scales was due from 01.04.2009. A decision to revise the scales was actually taken in March 2010 and made effective from 01.04.2009. As part of revision of pay scales to Class-I Officers, the Corporation introduced Grade pay system applicable with effective from 01.02.2010. In other words the grade pay to Class-I Officers is made applicable to such of those officers who were in service as on 01.02.2010. Thus, petitioners are denied the benefit of grade pay since they retired from service prior to 01.02.2010. The first petitioner submitted a representation dated 31.03.2010 praying to grant Grade pay to him also. The Retired Officers Association submitted a joint representation on 31.05.2010 praying to grant the benefit of application of Grade pay to the retired officers also. By proceedings dated 16.05.2011, the prayer to extend the grade pay to the retired Class-I Officers was rejected.

(3.) Initially this writ petition was filed praying for declaration in not granting the grade pay under revised pay scales, 2009 to the petitioners with effect from 1.04.2009 and not paying the difference in Gratuity, difference of Earned leave encashment and difference of pay and allowance as arbitrary and discriminatory and with consequential prayer, the prayer sought was amended and by the amended prayer, petitioners challenged the proceedings dated 16.05.2011 and seek for consequential direction as originally sought. Petitioners in WP No.2026 of 2011 filed W.P.M.P.No.31529 of 2016 praying to amend the prayer in the writ petition. By this amendment petitioners also seek to challenge clause 2.2 of Circular No. PD-10/2010 dated 02.03.2010.