THE HON'BLE SRI JUSTICE GHULAM MOHAMMED AND THE HON’BLE SRI JUSTICE K.G.SHANKAR W.P.No.27177 of 2005 ORDER (Per Sri Justice Ghulam Mohammed, J) The petitioner was appointed as part-time Junior Lecturer in the year 1992 in the first respondent junior college. He was granted time scale of pay of Rs.3110-6380 with effect from June, 1996 and subsequently, in the year 1998, his pay scale was revised as 5980-12-100 and is drawing as such. The petitioner states that the Government issued G.O.Ms.No.352 dated 01.10.1994, sanctioning the minimum pay scale and directed the third respondent to submit proposals for regularization of part time vocational Junior Lecturers working in Government Degree/Junior Colleges subject to satisfying the conditions therein. He states that the third respondent issued clarification dated 24.12.2002, informing the Principals of Government Junior Colleges to draw the minimum scale of pay to the part time Junior Lecturers in Vocational courses, who are allowed minimum scale of pay in terms of G.O.Ms.No.352 dated 01.10.1994, without deducting Sundays and Public Holidays as the minimum scale includes for mensem and not for days. Accordingly, the first respondent sanctioned the arrears of salary calculated on the minimum scale of pay and to include the Sundays and Public Holidays with usual allowances vide proceedings, dated 10.02.2003, to the petitioner. The petitioner states that though he approached respondent Nos.1 and 2 several times for payment of arrears as per the said proceedings, they have not responded. Hence, he filed O.A.No.7563 of 2003 before the Andhra Pradesh Administrative Tribunal, Hyderabad (for short ‘the Tribunal’), which in turn disposed of the same directing the respondents therein to examine the case of the petitioner as per rules and pass appropriate orders on the issue of payment of arrears to him as per the proceedings dated 10.02.2003, of the first respondent, within a period of two months from the date of receipt of the said order. Without complying the said order, the first respondent vide proceedings dated 09.01.2004, cancelled the earlier proceedings dated 10.02.2003, issued by him. The petitioner states that though similarly situated persons have paid the arrears of salaries without deducting Sundays and Public Holidays, he was denied the same. Hence, he filed O.A.No.849 of 2004 challenging the proceedings dated 09.01.2004 before the Tribunal, which in turn dismissed the same on 12.09.2005. Aggrieved by the same, the petitioner filed the present writ petition. 2. The second respondent filed counter stating that while sanctioning 1998 pay scales of Junior Lecturer (Vocational), the Commissioner of Intermediate Education vide proceedings dated 19.06.2002, has mentioned that no HRA+CCA will be paid to the Junior Lecturer, and allow only Pay + DA as per the Government orders. It is stated that the petitioner is not eligible for drawal of HRA + CCA in the time scale of 1986/1993 plus usual allowances with effect from the commencement of academic year 1992 as per the proceedings dated 14.11.2002. It is further stated that as the petitioner was appointed as part-time Junior Lecturer in the year 1992, he is eligible for pay+ DA only. It is also stated that the claim of other Junior Lecturers for arrears was returned in the light of the proceedings dated 19.06.2002 and 14.11.2002. 3. Heard the learned counsel for the petitioner and the learned Government Pleader for Services-II. 4. The first respondent vide proceedings dated 09.01.2004, cancelled his earlier proceedings dated 10.02.2003, stating that G.O.Ms.No.352 dated 01.10.1994, was issued allowing for payment of the salary calculated on the minimum scale of pay + DA instead of an hourly basis in respect of Time Scale Junior Lecturers working since prior to 25.11.1993 in a regular vacancy with 16 periods of work load and the petitioner was allowed to draw the minimum pay scale i.e., Pay + DA as to the actual days he worked in the College with effect from 1996-1997. Further, it was also stated therein that as per the clarification given in the Government Memo dated 17.11.1995, no HRA and CCA is to be paid to those Time Scale Junior Lecturers in minimum scale of pay and that the Principals are also informed that the orders issued in proceedings dated 24.12.2002, are with prospective effect only and as such, the petitioner is not entitled for drawal of salary for Public Holidays and Sundays with effect from 01.07.1992. 5. The material on record shows that the pay scale of the petitioner was revised in 1998 as Rs.5980-12-100. Since the clarification dated 24.12.2002, was prospective in nature as per the proceedings dated 09.01.2004, and as per the revised pay scales of 1998, the Part-time Junior Lecturers will not be paid HRA +CCA, but they are allowed only Pay+DA as per the Government Orders, the petitioner is not eligible for drawal of full pay and allowances including HRA & CCA, and he is also not entitled to count Sundays and Public Holidays for the purpose of arrears. 6. In view of the above, we do not find any infirmity in the order impugned warranting interference by this Court. Accordingly, the Writ Petition is dismissed. No costs. ______________________ GHULAM MOHAMMED, J _______________ K.G.SHANKAR, J Date:14.07.2011 sj