V ANJAIAH Vs. GOVERNMENT OF A P

JUDGEMENT

(1.) In this case the petitioners seek a writ of mandamus declaring the action of the respondents in not reviewing the pay scales of the petitioners and bringing the same on par with that of their junior Sri SyedAsgar, Junior Assistant in the Court of District & Sessions Judge, Karimnagar as on 10-1-1983, i.e., from the date on which Sri SyedAsgar drew more pay in the category and cadre of Junior Assistant as illegal, arbitrary and against the petitioners' Constitutional rights and they also seek a direction in this regard.

(2.) The learned counsel for the petitioners submits that the petitioner No.1 was originally appointed as Copyist on 1 -1 -1977 in the Scale of Pay of Rs. 175-350. Subsequently he was promoted as Junior Assistant on 6-3-1981 in the Scale of pay of Rs.425-650 and as on the date of filing of this writ petition he was drawing a basic pay of Rs. 1,090/-. The 2nd petitioner was originally appointed as Copyist on 6-3-1978 in the Scale of Pay of Rs.175-350. Later on he was promoted as Typist on 23-9-1982 in the Pay Scale of Rs.425-650 and as on the date of filing of the writ petition he was drawing basic pay of Rs.1,090/-. (ii) It is stated that one Sri SyedAsgar who is working as Junior Assistant in the District & Sessions Court at Karimnagar along with the petitioners is much junior to the petitioners. Ason 23-9-1981 he was Examiner in the Scale of Pay of Rs.425-650. Later on he was promoted as Junior Assistant on 10-1-1983. It is stated thatthough he is junior to the petitioners and his very appointment and promotion are subsequentto the petitioners, his basic pay at that time was fixed at Rs.455/-, and as on the date of filing of the writ petition he was drawing basic pay Rs.1,120/-. As the petitioners are seniors they are entitled to get equal pay on par with the said Sri Syed Asgar. (iii) 31 is also stated that a Division Bench of this Court has held that pay of seniors cannot be fixed at a lower rate than that of their juniors in the same cadre and stated that the action of the respondents in not reviewing and revising their pay violates their rights under Articles 14 and 16 of the Constitution of India.

(3.) In the counter-affidavit filed on behalf of the 2nd respondent it has been specifically stated that it is denied that the petitioner No.1 was originally appointed as Copyist on 1-1-1977. Actually the petitioner No.1 was originally appointed as attender on 22-4-1976 in the time scale of pay of Rs. 165-5-190-6-250. Subsequently he was promoted as Copyist-vide District Court's proceedings Dis.No.3963 dated 31 -12-1976 and he joined the post on 31-12-1976 and his pay was fixed at Rs. 175/- in the time scale ofpayof Rs.175-8-255-9-300.Hecontinued as Typist upto 24-10-1980. He was promoted as Lower DivisionClerk-videDistrictCourt's proceedingsdis.No.5001dated24-10-1980 and he joined the post of Lower Division Clerk on 24-10-1980 afternoon and his pay was fixed at Rs.425/- in the time scale of pay of Rs.425-10-455-15-650. Again he was reverted as Copyist-vide Proceedings dis.No.5661dated2-12-1980 and he joined as Copyist on 9-12-1980 forenoon and his pay was fixed at Rs.370/- in the time scale of pay of Rs.350-10-460-15-550 Again he was promoted as Administrative Assistant in the office of the Chairman (District & Sessions Judge), District Legal Aid/Advice Committee, Karimnagar and he joined as Administrative Assistant on the forenoon of 7-3-1981 and his pay was fixed at Rs.425/- in the time scale of pay of Rs.425-10-455- 15-650. Thereafter he was posted as Typist/ Administrative Assistant/Junior Assistant in various courts in Karimnagar district and his pay was fixed at Rs. 1,090/- as on 1 -3-1988 in the time scale of pay of Rs.910-30-1,240- 35-1,625. (ii) With regard to petitioner No.2 it is stated that he was appointed as Copyist on 6-3 -1978 in the time scale of pay of Rs. 175-8-255-9-300. It is admitted that the petitioner No.2 was promoted as Typist on 23-9-1982 and his pay was fixed at Rs.425/- in the time scale of pay of Rs.425-10-455-15-650 and he continued as typist upto 11-3-1987. Thereafter he was posted as Lower Division Clerk in the time scale of pay of Rs.425-10-455-15-650and his pay was fixed at Rs.1090/- in the time scale of pay of Rs.910-30-1240-35- 1625 as on 1-9-1988. (iii) Whereas Sri Syed Asgar was originally appointed as bailiff on 24-11-1978 and his pay was fixed at Rs.180/- in the time scale of pay of Rs. 180-9-270-10-350. He continued to work as bailiff upto 23-9-1981 and thereafter he was promoted as Examiner and he joined the said post on 24-9-1981 and his pay was fixed at Rs.435/- in the time scale of pay of Rs.425-10-455-15-650.Hecontinued to work as Examiner upto 9-1-1983 and he was subsequently promoted as Junior Assistant and he joined the said post on 10-1-1983 and his pay was fixed at Rs.455/-in the time scale of pay of Rs.425-10-455-15-650and his pay in the Revised Pay Scales, 1986 was fixed at Rs.1120/- with effect from 1-11-1987 in the time scale of pay of Rs.910-30-1240-35-1625.