NINYA BAGRA Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) Upon hearing Mr. C. Baruah, learned senior counsel appearing for the petitioner as well as Ms. G. Deka, learned Govt. Advocate for the State respondents and also on perusal of the available materials on record, I am of the view that this matter can be disposed of at this stage considering the simple nature of the case and, accordingly, this writ petition is hereby disposed of with the following short order.

(2.) The facts of the case in a short compass are as follows : The petitioner herein namely, Sri Ninya Bagra was appointed as Junior Engineer (Electrical) on regular basis vide, Govt. order dated 11.8.92 and, subsequently, the petitioner alongwith the few others were allowed to work as Assistant Engineer (Electrical) on officiating basis vide, Govt. order dated 14.7.97 in the pay scale of Rs.2000-60-2300-EB-75-3200-100-3500/- per month plus other allowances as admissible to the post of Asstt. Engineer until further orders and, accordingly, the petitioner also joined in the said post and received the sale of pay which is admissible to the post Asstt. Engineer as seen in the document marked as Annexure A to the writ petition and, on and from 12.5.2001 the petitioner has been regularly serving and working as Asstt. Engineer. Though the petitioner had been getting he scale admissible to Asstt. Engineer earlier i.e. the scale admissible to the post of Asstt. Engineer was given to the petitioner upto April, 1999 and, on and from May, 1999, the said scale was not given to the petitioner and instead, he was paid only the scale admissible to Junior Engineer w.e.f. May, 1999 till 11.3.2001 without any justification.

(3.) Mr. C. Baruah, learned senior counsel appearing for the petitioner contended inter alia, that since the date of his promotion to the post of Asstt. Engineer on officiating basis, the petitioner is carrying duties and responsibilities of greater importance than that of a Junior Engineer and, apart from that, the promotion to the post of Asstt. Engineer from Junior Engineer is a regular cadre promotion. It is also contended by the learned counsel that this Court in a number of cases viz. Civil Rule No. 4594/1997 passed on 22.9.1997, Civil Rule No. 3979/1998 passed on 1.2.2000, WP (C) No. 113(AP)/2000 passed on 7.6.2001 etc. etc. afforded benefits to the petitioners concerned allowing them to draw the scale of pay admissible to the post of Asstt. Engineer with effect from the date of their officiating promotion to the post of Asstt. Engineer. Though, in case of the petitioner who is similarly situated with those petitioners, the same benefit was afforded to him upto April, 1999 but from May, 1999 till the date of his holding the post of Asstt. Engineer on officiating basis upto the period i.e. 11.3.2001, the same benefit was not extended to him.