CH.ADAIAH Vs. STATE OF TELANGANA

JUDGEMENT

(1.) This writ petition is filed by the petitioner seeking a writ of mandamus declaring the action of the first respondent, in rejecting the petitioner's request for pay protection on the analogy to orders in GO RT No.222, dt.08/05/2013, issued in respect of similarly situated officers working at Nalgonda, vide memo No.2312/For.II(1)/2016 dtd. 29/8/2016 and 16/10/2017 as illegal, arbitrary and discriminatory and to consequently direct the department and the respondents to extend the same benefit to the petitioners herein.

(2.) Brief facts of the case leading to the filing of the present writ petition are that the petitioners were all initially appointed as forest guards (re-designated as forest beat officers). During the year 1992, some of the petitioners were promoted as forest sec. officers, while few others were promoted as forest beat officers. It is submitted that the relief claimed in the writ petition by all the petitioners is one and the same and that there is no conflict of interest.

(3.) It is submitted that as on 1/4/1993, the pay of the petitioners pay was fixed in the scale of 950-30-1250-35-1670. Upon introduction of revised pay scale vide GO (P)No.162, Finance and planning (FW:PC-1) Department dtd. 20/5/1993 granting monetary benefits with effect from 1/4/1993, the petitioners exercised their option to fix the revised pay scale from the date of their next increment. Accordingly, pay fixation was done at Rs.1895.00 and after sanctioning of increments for the years 1994-95, their pay was revised to Rs.2015.00. It is submitted that on 19/1/1994, the Govt. issued orders in GO (P).No.18 Finance and Planning (FW-PC-1) Department. The revised pay scale of 1993 with effect from 1972 with monetary benefits from 1/4/1993 orders were also issued for protection of the emoluments drawn in the pre revised pay scales in respect of employees who were appointed after 1/7/1992 and for whom fixation of rules of APRS of pay scales of 1993 do not apply. Thereafter, an amendment vide GO (P)No.92 Finance and Planning (FW-PC-1) Department dtd. 12/3/1994 was issued, holding that the protection of emoluments drawn in the pre revised pay scales in respect of the employees who were appointed after 1/7/1992 but before 20/5/1993 and for whom fixation rules of APRS of pay rules 1993 do not apply. Following the same, the respondents have cancelled the pay fixed as on 1/7/1992 and held that they are not eligible to opt the next date of increment for pay fixation. Accordingly, the pay of the petitioners was fixed in the scale of 1535-2840 i.e. reducing it from Rs.1839..00