HONOURABLE SMT JUSTICE T.MEENA KUMARI WRIT PETITION NO:21410 OF 2009 DATE:22.7.2010. Between: 1. V. Karunakar Reddy and others …Petitio And: 1. Superintending Engineer, Operations, Southern Power Distribution Company Limited, Nellore, Nellore District a others. …Respond This Court made the following: HONOURABLE SMT JUSTICE T.MEENAKUMARI WRIT PETITION NO:21410 OF 2009 ORDER: This writ petition is filed by the petitioners seeking to declar action of the respondents in proposing to revise their pay scales to Rs. 50-2280-75-2955 as arbitrary and illegal and consequently, to direc respondents to extend their pay protection as per clause (5 G.O.Ms.No.125, dated 15.10.2004 and to extend the pay scales on the of the Last Pay Certificate dated 28.12.2004 for Rs.12,645/- onwards w consequential benefits and increments including RPS scales respective The brief facts of the case are as follows: The Rural Electric Supply Cooperative Society Limited (RES Nellore issued a notification inviting applications for various posts accordingly, all the petitioners were appointed in RESCO from time to on different dates and in different categories of posts, as per the require of the company. Subsequently, the Additional Registrar of Co-ope Societies, AP, Hyderabad extended the pay scales to the employe RESCO, Nellore and accordingly, all the employees were extende benefit of pay fixation as approved by the District Collector and Chairm the Society, RESCO, Nellore. Subsequently, based on recommendations of the Secretary, AP Electricity Regulatory Commiss dated 20.12.2002, orders were notified for winding up RESCOs accordingly, the Registrar of Cooperative Societies under Section 64 the A.P. Cooperative Act, 1964 issued orders for winding up of RES viz., (1) Atmakur Rural Electric Supply Co-operative Society Limite Rayachoti Rural Electric Supply Co-operative Society Limited Kadri ( (3) Rural Electric Supply Co-operative Society Limited, Kadri (Wes Rural Electric Supply Co-operative Society Limited; Nellore. While so employees of the RESCO filed writ petitions seeking a direction t respondents & Government to consider for absorption of the regular RE employees into the respective DISCOMs. The 3rd respondent is G.O.Ms.No.125 Energy PR.II Department, dated 15.10.2004 directi absorb nearly 542 employees of aforesaid RESCO employees in AP C Power Distribution Company Limited and AP Southern Power Distrib Company Limited. Hence, the 5th respondent issued proceedings in Ms.No.181 (Per. Addl. Secy) Ms.No.181 (Personnel Services) Depart dated 9.11.2004, for absorption of aforesaid RESCO employees i Central Power Distribution Company Limited and AP Southern P Distribution Corporation Limited, creating 542 cadre wise supernum posts. In pursuance of the orders issued in G.O.Ms.No.125, 15.10.2004, all the petitioners of Atmakur RESCO were transferred posted along with the post and assumed charge on 1.1.2005, i respective cadre and place of work. While so, the 1st respondent is Memo dated 27.12.2006 etc., in revising the pay fixation of the petiti stating that the pay was wrongly fixed at the time of promotion in the ca UDC while working in RESCO and proposed recovery of amounts fro petitioners even without any notice and opportunity, even though in ter G.O.Ms.No.125, dated 15.10.2004 issued by the Government, pay prote was extended to them. On that, the petitioners herein filed WP No.106 2007 before this Court seeking a direction to stay the proposed recov amounts. The said writ petition was allowed setting aside the memo observing that it is left open to respondents 2 and 3 therein to pass orders, after issuing notice to the petitioners stating the reasons fo proposed action. Hence, the 1st respondent stopped the proposed reco but implemented the revised pay scales by reducing their respective scales and issued memo dated 20.10.2008 calling objections from petitioners only. Hence, the present writ petition has been filed. Heard the learned Counsel and perused the material availab record. While admitting the above writ petition, this Court on 7.10.20 WPMP No.27814 of 2009 granted interim stay of recoveries from the s of the petitioners pursuant to the order impugned for a period of four w from that day. The respondents-authorities filed WVMP No.3965 of 2009, seek vacate the interim order dated 7.10.2009, along with counter. It is stat the counter that the petitioners are permanent employees of the Electricity Co-operative Society Limited, Atmakur, Nellore District and services were regularized in the cadre of Junior Assistant of the Societ they were further promoted to the post of Senior Assistant of the So w.e.f. 1.12.1990 in the time scale of pay of Rs.1530-2880. It is further s that 112 employees working in the RESCO Atmakur have been absorb the Operation Circle, Nellore in different cadres and they were placed supernumerary posts w.e.f.1.1.2005 and the employees of the erst RESCO are eligible for scales of pay in accordance with the princip pay fixation and the guidelines framed by the APSEB/APSPDCL. How in respect of the petitioners, subsequent to the absorption of the petiti while fixing their pay, it was noticed that the pay of the petitioners i cadre of Senior Assistant was not properly fixed and four addi increments were allowed and the same requires rectification. It is f stated that in accordance with the clarification issued by the Corp Office, Tirupathi, pay of the petitioners had been revised and recovery ordered. Aggrieved by the same, the petitioners filed W.P.No.10635 of and this Court set aside the memo and observed that the respondent entitled to pass fresh orders after issuing notices to the petitioners g reasons for the proposed action. In pursuance of the orders of this Co W.P.No.10635/07, the petitioners were issued with the present show c notices calling for explanation. In the facts and circumstances of the case coupled with observations made by this Court in W.P.No:10635 of 2007 directin respondents to pass fresh orders after giving notices to the petitioners, that it would suffice if a direction is given to the petitioners to give reply show cause notice issued by the respondents-authorities raising a contentions that were raised in this writ petition, within a period of four w from the date of receipt of a copy of this order. On such objections filed by the petitioners, the respondents shall consider the same and appropriate orders, in accordance with law, within a period of three m thereafter. Till such time, the interim order passed by this Court on 7.10 shall be in force. Subject to the above direction, the writ petition is disposed of order as to costs. _____________________ Justice T.Meenaku Date:22.07.2010 NN HONOURABLE SMT JUSTICE T.MEENAKUMARI WRIT PETITION NO:21410 of 2009 DATE:22.7.2010.