IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE SEVENTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE C.V.RAMULU WRIT PETITION No.6702 of 1999 Between: 1 Ch.Bhoomaiah, S/o Hanumanthu, Ramagundam, Karimnagar District. 2 L.Kumaraswamy, S/o Komuraiah, Ramagundam, Karimnagar District. 3 K.Johnkutty, S/o Kunjukunju, Ramagundam, Karimnagar District. 4 B.Viswanatham, S/o Lachaiah, Ramagundam, Karimnagar District. 5 E.Prakash Rao, S/o Krishna Rao, Ramagundam, Karimnagar District. 6 S.Lakshminaryana, S/o Kanakaiah, Ramagundam, Karimnagar District. 7 B.Rajaiah, S/o Brahmaiah, Ramagundam, Karimnagar District. 8 D.Sudhkar Reddy, S/o Linga Reddy, Ramagundam, Karimnagar District. 9 V.Rajesham, S/o Sambaiah, Ramagundam, Karimnagar District. 10 S.Biskhapathi, S/o Venkataratnaiah, Ramagundam, Karimnagar District. 11 K.Kamalakar, S/o Venkat Rao, Ramagundam, Karimnagar District. 12 M.Satyanaryana, S/o Narsimhulu, Ramagundam, Karimnagar District. 13 K.Ramana Chary, S/o Sundaraiah, Ramagundam, Karimnagar District. 14 Abdul Riazzaffer, S/o Ghan, Ramagundam, Karimnagar District. 15 N.Mallaiah, S/o Balamullu, Ramagundam, Karimnagar District. ..... PETITIONERS AND 1 Singareni Collieries Company Limited, rep. by its Chairman & Managing Director Kottagudem, Khammam District. 2 General Manger, Personal, Singareni Collieries Company Limited, Kottagudem, Khammam District. 3 The JBCCI for Coal Industry care of Coal India Limited, Rep by its Chairman, 10th Netaji Subhaschandra Bose Road, Calcutta. (R3 is dismissed for default as per court order dt 21.2.03) 4 Deputy Engineer, Singareni Collieries Company Limited, Ramagundam Area, Ramagundam, Karimnagar District. 5 Ch.Raju Reddy, Singareni Collieries Company Limited, Ramagundam Area-I, Ramagundam, Karimnagar District. 6 G.Balaiah, Singareni Collieries Company Limited, Ramagundam Area-I, Ramagundam, Karimnagar District. ....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue an order direction or writ particularly one in the nature of Writ of Mandamus or any other appropriate Writ declaring the (i) the action of the respondents 1 to 4 in not extending the pay anomaly benefits to the daily rated employees promoted to higher daily rated category prior to 1-7-91 and drawing less pay than the juniors who were promoted to higher daily rated category on or after 1-7-91 is wholly illegal, and arbitrary (ii) the action of the respondent in not implementing the JBCCI instruction No.18 in respect of daily rated employees promoted to higher daily rated category is illegal, arbitrary and discriminatory, and (iii) consequently direct the respondents 1 to 4 to set up the pay of the petitioners on par with respondents 5 and 6 who are junior employees with all consequential benefits including the arrears of pay and grant such further or other orders as this Hon'ble Court deems fit and proper in the circumstances of the case. Counsel for the Petitioner: Mr.G.VIDYASAGAR Counsel for the Respondents: Mr.K.SRINIVASA MURTHY The Court made the following : ORAL ORDER: The issue that arises for consideration in this Writ Petition is squarely covered by a Judgment of this Court in Writ Petition Nos.5416 and 5439 of 1999, dated 28-12-2007. Following the same, respondents 1,2 and 4 are directed to rectify the anomaly arisen out of the senior employees promoted from daily rated category to higher daily rated category compared to their juniors in the daily rated category and pay all the arrears and other benefits to the petitioners that may arise out of the said anomaly, within a period of eight weeks from the date of receipt of a copy of this Order. The Writ Petition is allowed to the extent indicated above. No order as to costs. 07-3-2008 prk