HON'BLE SRI JUSTICE GHULAM MOHAMMED AND HON'BLE SRI JUSTICE K.G. SHANKAR WRIT PETITION NOS. 6397, 6398, 6399, 6400, 6401, 6402, 6403, 6404, 6405, 6406 AND 6407OF 2011 Writ Petition No. 6397 of 2011 Between: Commissioner of Tribal Welfare Government of A.P., Hyderabad and three others ………….Petitioners AND Sri B. Laxman S/o Late B. Yadagiri and one another ………….Respondents COMMON ORDER : (Per Hon'ble Sri Justice GHULAM MOHAMMED) As all these Writ Petitions are interconnected and they arise out of a common order passed by the Andhra Pradesh Administrative Tribunal, they can be taken up together for disposal. All the Writ Petitions have been filed seeking a writ or direction particularly one in the nature of Writ of Certiorari calling for the records relating to and connected with the common order dated 18.1.2011 passed by the Andhra Pradesh Administrative Tribunal, Hyderabad in O.A.Nos. 9730, 10029, 10036, 10265, 10269, 9710, 9993, 10030, 10111 of 2009 and 10267 of 2009, and quash the same as illegal. All the applicants-first respondents herein in all the Writ Petitions were appointed in the last grade service on compassionate grounds either on medical invalidation or due to death of their father/mother/husband in harness. Hence, they sub-classified into two categories viz., (i) medical invalidation and (ii) died in harness. The applicants-first respondents in Writ Petition Nos. 6399, 6400, 6402, 6404, 6406 and 6405 of 2009 were appointed in the last grade service on compassionate grounds on medical invalidation. The applicants-first respondents in Writ Petition Nos. 6398, 6401, 6397, 6403 and 6407 of 2009 were appointed in the last grade service on compassionate grounds as their father/mother/husband died in harness. Brief facts of the case are that first respondents-applicants in all the Writ Petitions claim that they were paid annual grade increments up to the year 2003 and suddenly they stopped paying annual grade increments from 2004 onwards and they were also not given the benefit of subsequent pay revision and also deprived of further promotion. It is stated that the petitioners herein placed reliance on the order passed by the Tribunal in O.A.No. 3083/2002 and the applicants contended that the Tribunal in that O.A directed only an enquiry about the irregular regularizations and directed to pay the increments and other benefits to those who are regularly appointed. Initially the Tribunal granted interim direction to release increments subject to the final result of O.As. It is on record, that twenty last grade servants who were working in various Hostels under the control of Tribal Welfare Department, Nalgonda District, filed O.A.No. 3083 of 2002 challenging the action of the department in not paying the increments was unjust while paying the same to the respondents 8 to 19 therein. That O.A was disposed of with the following observation: “5. After hearing the learned counsel for the applicant and the learned Government Pleader, it was felt that it is necessary to invite the concerned officers for a hearing in the Chambers, since the matter requires thorough examination. Accordingly, the 7th respondent deputed the Senior Officer concerned in his office, namely, the Joint Director (Administration). Discussions were held in my Chambers in the presence of the learned counsel for the applicants and the Government Pleader. The connected files were also obtained and perused in their presence. The learned counsel for the applicant also filed copies of the earlier orders of this Tribunal in R.Ps and O.As, which were cited as the basis for the appointments made by the respondents in respect of the several of the 220 individuals, who are now working in the Last Grade in Nalgonda District as well as for sanctioning increments to certain of those individuals. During the hearing in the Chambers, it is emerged that, as stated by the 7th respondent, a number of these appointments were made without following the rules and regulations. In several cases appointments were made under the scheme of compassionate appointments. In some of these cases, the individuals were appointed on account of Medical Invalidation of their parents, which is now held to be unconstitutional by the Hon’ble High Court. Further, it is also shocking to notice that the Government records disclose that the orders of this Tribunal and even in some cases, the judgment of the Hon’ble High Court, which was noted as the basis for the appointments/sanction of increments do not at all relate to the individuals concerned. In fact, to my utter dismay, I noticed that cases relating to other departments like Forests were cited as the basis for issuing orders in respect of certain individuals in the Tribal Welfare Department. At this state, it was represented on behalf of the 7th respondent that a thorough enquiry has been ordered into the cases of their irregular appointments made by the 1st respondent and the Joint Collector, Nalgonda, was appointed as Enquiry Officer to conduct enquiry against the irregular appointment of Daily Wage Workers in Nalgonda District. 6. In the factual matrix of this case, it appears unwarranted to issue any final orders in this case, at this stage. It is necessary to allow the department to complete the enquiry, already ordered by appointing an Enquiry Officer. Thereafter, the 7th respondent shall arrive at the list of individuals, whose services can be regularized, in accordance with the rules, following the roaster and shall prepare a seniority list. All the individuals, whose appointments are in accordance with the rules, shall thereafter be arranged in the order of seniority. Thereafter, the individuals to the extent of the already available sanctioned posts should be appointed against the sanctioned posts, strictly in accordance with the seniority. The question of regularizing their services with reference to the date of their appointment and their eligibility for regularisation shall then be taken up and finalized. All of them should be sanctioned increments from the date of their first appointment, even if that date happens to be a date anterior to the actual date of issue of the orders. In the meantime, since admittedly, the number of posts required, in accordance with the norms, is much higher than the actual number of posts already sanctioned and since the 7th respondent already submitted the proposals to the Government long back, the Government shall take a decision with regard to the sanction of additional posts, based on the situation as well as the norms already fixed. As soon as the now posts are sanctioned, the exercise stated above with regard to the regularization of the services should be taken up until all the individuals who are already appointed are covered, provided their appointments were in accordance with the rules and also their services shall also be regularized from the date of sanction of the posts, provided they are already in service by the date of sanction of the posts. The enquiry in respect of irregular appointments should be completed within six months from the date of receipt of a copy of this order and responsibility shall be fixed in respect of irregular appointments upon the District Tribal Welfare Officer concerned. Further, until the above exercise is completed, all the individuals should be paid the minimum of the pay scale of the Last Grade Service, except in cases where the original appointment itself was made strictly in accordance with the rules against the sanctioned posts. It would mean that the individuals would continue to receive their increments only if they are within the sanctioned strength in the Last Grade posts in Tribal Welfare Department in Nalgonda District and their initial appointments were regularly made in accordance with the rules.” It is also stated that in pursuance of the said directions, an enquiry was ordered and Deputy Director (Administration) submitted a report. According to his report dated 11.12.2008, there were 183 persons working as on the date of the report in Nalgonda District as last grade servants out of 93 sanctioned posts. According to him 38 workers can be accommodated as cooks as per roster, 24 can be accommodated as Kamatis, 26 can be accommodated as Watchman, totalling 88 workers and they can be sanctioned increments and pay fixation from time to time as per the orders of the Tribunal and remaining 94 workers can be sanctioned minimum of the time scale from time to time, who were already drawing the minimum time scale as per the orders of the Tribunal and to send proposals to the Government for sanction of additional posts of 95 workers to avoid complications. Basing on the above report and also facts on record, the Tribunal allowed the O.As directing the respondents to pay the usual increments with arrears to the applicants within a period of 45 days from the date of receipt of order and also to extend the benefit of revised pay scales up to date. Aggrieved by the same, Commissioner of Tribal Welfare, Government of Andhra Pradesh filed all these Writ Petitions. The learned Government Pleader for Services –III appearing for the petitioners submitted that there are no sanctioned posts and no seniority list was prepared. On the other hand, Sri V. Maheswara Reddy, learned counsel appearing for the applicants submits that the Tribunal considered the matter elaborately and there are no grounds to interfere with the order and all these Writ Petitions are liable to be dismissed. Heard the learned counsel appearing for both sides and also perused the entire material made available on record. As seen from the record, the scheme of compassionate appointment, which was issued under various G.Os, were summarized and a Circular Memo No. 60618/Ser.A/2003-1, G.A dated 12.8.2003 was issued. As per the Circular, if there is no vacancy, that vacancy shall be sent to the Collector, who is the nodal authority to make compassionate appointment and for allotment of the candidates to any of the department in the District. The Collectors are empowered to create 5 supernumerary posts to consider compassionate appointment in the calendar year when there are no vacancies in any department in the district level. If compassionate appointments are beyond 5 supernumerary posts, the Collector to send proposals to the concerned administrative department in Secretariat with full details and the compassionate appointment shall be against direct recruitment quota and the rule of reservation under Rule 22 of A.P. State and Subordinate Service Rules shall be followed. As the petitioners herein have not placed any material to show that there were no vacancies in the sanctioned strength by the date of death or retirement of the father or mother or the husband of the above applicants in all the Writ Petitions, they are all regularly appointed candidates. Be that as it may, when the appointments of the applicants are regular, they are entitled to usual increments and other benefits of promotion, and seniority. The Tribunal in the order dated 28.3.2005 passed in O.A.No. 3083 of 2002 held that the employees whose appointments were regular, were eligible to usual increments from the date of their appointment. Therefore, the said order does not come in the way of the applicants, as their appointments are regular. Hence, the Tribunal rightly allowed all the O.As filed by the applicants and rightly directed the respondents to pay the usual increments with arrears to the applicants within a period of 45 days from the date of receipt of order and also directed to extend the benefit of revised pay scales up to date. In view of the above, we see no reasons to interfere with the order passed by the Tribunal and all these Writ Petitions are liable to be dismissed. Accordingly, all these Writ Petitions are dismissed. However, time granted by the Tribunal to pay the usual increments with arrears to the applicants, is extended by four more weeks from today. There shall be no order as to costs. __________________________ GHULAM MOHAMMED, J _______________________ K.G. SHANKAR, J DATE: 16.03.2011 KA ... REGISTRAR // TRUE COPY // SECTION OFFICER To 1. 2 CD copies.