THE HON'BLE SRI JUSTICE GHULAM MOHAMMED & THE HON'BLE SRI JUSTICE NOOTY RAMAMOHAN RAO WRIT PETITION No.5741 of 2008 ORDER : ( per Hon’ble Sri Justice Ghulam Mohammed, J) This writ petition is filed seeking to issue a writ of certiorari calling for the records including the impugned letter No.22800/P1/2007, dated 28-9-2007 passed by the 2nd respondent and quash the same as illegal, improper and contrary to law and further declare that the petitioner is entitled for the revision of pay scales of 2005 w.e.f. 1-7-2003 with all consequential benefits. 2. Facts stated are:- the petitioner worked as Central Nazir in Ranga Reddy District Court upto 9-2-2003 and later appointed as Junior Civil Judge by transfer on 10-2-2003. It is stated that the petitioner made a representation dated 6-11- 2006 to the Principal District Judge, Nalgonda, to fix his pay in the revised pay scales of 2005, which was returned on 12-12- 2006 stating that revised pay scales of 2005 applies only to non-gazetted officers. The petitioner made further representation to the Principal District Judge, Nalgonda, stating that he was receiving pay scales of 1999 as Central Nazir till 9- 2-2003 and therefore he is entitled for the revised pay scales of 2005 and that his juniors are receiving the revised pay scales, but he has been denied the benefit. It is further case of the petitioner that as per Fundamental Rule 31 (2), if a junior is drawing more pay than the senior, the senior is entitled for his pay protection. It is stated that the District Judge, Nalgonda, forwarded the representation of the petitioner to the Registrar (Admn.), High Court of AP, Hyderabad, which was in turn forwarded to the Government on 28-6-2007. The 2nd respondent, by the impugned proceedings No.22800/P1/2007, dated 28-9-2007 rejected the case of the petitioner on the ground that the petitioner is not a Government employee as on the date of 1-7-2003 on which date the revision of pay scales of 2005 have come into force. Hence, this writ petition. 3. Secretary, Law (LA&J) Department, AP, Hyderabad, filed counter affidavit on behalf of the 2nd respondent, wherein, inter-alia it is stated that based on the recommendations of Pay Revision Commission (PRC) 2005, revised pay scales of 2003 were extended to the Government employees, employees of local bodies etc., with effect from 1-7-2003 and with monetary benefit from 1-4-2005. That the petitioner was appointed as Junior Civil Judge by transfer on 10-2-2003 i.e. before the revised pay scales 2003 came into force from 1-7-2003 and therefore, the petitioner is not eligible to opt for revised pay scales of 2003 both in the categories of Central Nazir and Junior Civil Judge. 4. Heard the learned counsel for the petitioner, the learned Government Pleader for Law & Legislative Affairs, and the learned Standing Counsel for AP High Court. 5. Based on the recommendations of PRC 2005, it is stated that orders were issued allowing revised pay scales of 2003 to the State Government employees, local bodies etc., with effect from 1-7-2003 with monetary benefit from 1-4-2005 vide GO (P) No.213, Finance (PC.1), Department, dated 27-8-2005. In the instant case, the petitioner was promoted as Junior Civil Judge by transfer on 10-2-2003 from the post of Central Nazir. The recommendations of First National Judicial Pay Commission culminated into issuance of GO Ms.No.60, Law (LA&J SC-F), Department, dated 7-3-2003 granting revised pay scales to the judicial officers of the State w.e.f. 1-7-1996. The petitioner before getting appointed as Junior Civil Judge by transfer was drawing revised pay scales of 1999 and after his appointment as JCJ by transfer from 10-2-2003 is governed by the First National Judicial Pay Scales and not the State pay scales as on 1-7-2003. 6. In the light of the above analysis, we do not find any merit in the writ petition and it is accordingly dismissed. No order as to costs. _______________________ Ghulam Mohammed, J ________________________ Nooty Ramamohana Rao,J Dated : 12-8-2009 Nrg.