SYED RAHMATULLAH Vs. STATE OF TELANGANA

JUDGEMENT

(1.) In this writ petition, the petitioner is seeking a writ of mandamus or any other appropriate writ or direction declaring the action of the respondent No.2 in not extending the benefit of PRC 1999, 2005, 2010 and 2015 to the petitioner and in insisting to extend the benefit of PRC 2010 only on condition of non-claiming the arrears, as illegal, arbitrary and violative of Article 14 of the Constitution of India and consequently to direct the respondent No.2 to refix the salary as per PRC 1999, 2005, 2010 and 2015 and to pay the difference in salary and to pass such other order or orders.

(2.) Brief facts of the case leading to the filing of the present writ petition are that the petitioner was appointed as Instructor for fitting Sec. in Dargah Hazarat Syed Sadullah Hussaini, Industrial Training Institute (ITI) at Nizamabad, on a consolidated salary of Rs.400.00 vide proceedings dtd. 10/2/1982 and when the petitioner was not being paid salary from July, 1997 to 31/7/2000, the petitioner filed a W.P.No.19643 of 2000 and the same was disposed of on 18/10/2000 and thereafter, respondents issued an order in F.No.138/L4(a)/NZB/2000, dtd. 13/11/2000. Thereafter, all the employees of ITI filed a writ petition seeking a direction for re-fixation of scales as per PRC 1993 and an interim order dtd. 25/9/1995 was passed, pursuant to which, the Waqf Board has examined the matter and fixed the basic pay of the petitioner at Rs.2,195.00. It is submitted that though PRC of 1999, 2005 and 2010 came into effect thereafter the respondent No.2 has not revised the pay of the petitioner in terms of new PRC and the petitioner retired from service on 30/9/2017 and questioning the action of the respondents in not revising the pay as per respective PRCs, the present writ petition has been filed.

(3.) Learned counsel for the petitioner submitted that the respondents had agreed to extend the benefit of PRC of 2010 to the petitioner subject to his giving an undertaking that he will not claim arrears of pay.