IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE FIRST DAY OF APRIL, TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MRS JUSTICE T.MEENA KUMARI AND THE HON'BLE MR JUSTICE S.ASHOK KUMAR WRIT PETITION NO : 10143 of 1999 Between: 1 Smt. C.Posani W/o. Pervaiah Working as N.M.R. in Bodhan Municipality R/o. Bodhan 2 S.Sruesh Goud S/o. Swamy Goud Working as N.M.R. in Bodhan Municipality R/o. Bodhan 3 Shaik Mahamood S/o. Sk.Hyder Working as N.M.R. in Bodhan Municipality R/o. Bodhan 4 K.Gangaram S/o. Poshety Working as N.M.R. in Bodhan Municipality R/o. Bodhan 5 D.Sailoo S/o. Sayanna Working as N.M.R. in Bodhan Municipality R/o. Bodhan 6 Laxmaiah S/o. Pichaiah Working as N.M.R. in Bodhan Municipality R/o. Bodhan 7 M.Gangaram S/o. Sayya Working as N.M.R. in Bodhan Municipality R/o. Bodhan 8 Gangaram S/o. Venkaiah Working as N.M.R. in Bodhan Municipality R/o. Bodhan 9 Bakkaiah S/o. Balaiah Working as N.M.R. in Bodhan Municipality R/o. Bodhan 10 Rajaiah S/o. Ramaiah Working as N.M.R. in Bodhan Municipality R/o. Bodhan 11 Yellaiah S/o. Rangaiah Working as N.M.R. in Bodhan Municipality R/o. Bodhan 12 Govind S/o. Rama Working as N.M.R. in Bodhan Municipality R/o. Bodhan 13 N.Sailoo Working as N.M.R. in Bodhan Municipality R/o. Bodhan 14 Bhoomaiah S/o. Venkaiah Working as N.M.R. in Bodhan Municipality R/o. Bodhan 15 K.Gangaram S/o. Gangara Working as N.M.R. in Bodhan Municipality R/o. Bodhan 16 Lachaiah S/o. Mallaiah Working as N.M.R. in Bodhan Municipality R/o. Bodhan 17 Smt.Siddamma W/o. Anjaiah Working as N.M.R. in Bodhan Municipality R/o. Bodhan 18 Venkat Rao S/o. Venkat Subbaiah Working as N.M.R. in Bodhan Municipality R/o. Bodhan 19 Sunder Sing S/o. Tulja Sing Working as N.M.R. in Bodhan Municipality R/o. Bodhan 20 Abdul Rehman S/o. Abdul Gafoor Working as N.M.R. in Bodhan Municipality R/o. Bodhan 21 Babar Ali S/o. Idayat Ali Working as N.M.R. in Bodhan Municipality R/o. Bodhan 22 Vithal S/o. Jalaiah Working as N.M.R. in Bodhan Municipality R/o. Bodhan 23 J.Makkaiah S/o. Chinna Gangaram Working as N.M.R. in Bodhan Municipality R/o. Bodhan 24 Mallaiah S/o. Hanumaiah Working as N.M.R. in Bodhan Municipality R/o. Bodhan 25 Satyanarayana S/o. Venkatappa Working as N.M.R. in Bodhan Municipality R/o. Bodhan 26 Narsaiah S/o. Laxmaiah Working as N.M.R. in Bodhan Municipality R/o. Bodhan 27 Santhosh Singh S/o. Shankar Singh Working as N.M.R. in Bodhan Municipality R/o. Bodhan 28 Kumari Sailoo S/o. Yellappa Working as N.M.R. in Bodhan Municipality R/o. Bodhan 29 N.Sailoo S/o. Poshety Working as N.M.R. in Bodhan Municipality R/o. Bodhan 30 Shivaiah S/o. Sailoo Working as N.M.R. in Bodhan Municipality R/o. Bodhan 31 Gangaram S/o. Shivaiah Working as N.M.R. in Bodhan Municipality R/o. Bodhan 32 Mehamood Khan S/o. Ahmed Khan Working as N.M.R. in Bodhan Municipality R/o. Bodhan 33 Shankar Goud S/o. Ramagoud Working as N.M.R. in Bodhan Municipality R/o. Bodhan 34 Ramuloo S/o. Lalaiah Working as N.M.R. in Bodhan Municipality R/o. Bodhan 35 Chinnaiah S/o. Prabhakar Working as N.M.R. in Bodhan Municipality R/o. Bodhan 36 D.Narayan S/o. Gangaram Working as N.M.R. in Bodhan Municipality R/o. Bodhan 37 Moinuddin Working as N.M.R. in Bodhan Municipality R/o. Bodhan ..... PETITIONER(S) AND 1 The Municipal Council Bodhan, Nizamabad District Rep.by its Commissioner 2 The Hon'ble A.P. Administrative Tribunal Purani Haveli Hyderabad Rep.by its Registrar .....RESPONDENT(S) 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 or direction, more in the nature of writ of mandamus, declaring the action of the 1st respondent municipality in not allowing the minimum time scale of pay to the petitioners from the date of completion of five years of continuous service as daily wages / NMR employees and the further declaring the action of the 2nd respondent Tribunal in refusing to grant interim relief while admitting the OA.No. 2035/1999 on 21/04/1999 as arbitrary, illegal, unjust and unconstitutional, being violative of Articles 14 and 21 of the Constitution of India and consequently direct the 1st respondent municipality to pay the minimum time scale of pay to the petitioners with all arrears and attendant benefits from the date of completion of five years of service and pass such other order. Counsel for the Petitioner:MR. B.BHASKARA REDDY Counsel for the Respondent No.: GP FOR SERVICES II The Court made the following : ORAL ORDER: (per THE HON’BLE MRS. JUSTICE T.MEENA KUMARI) Seeking a writ of Mandamus to call for the records relating to the refusal to grant interim stay by order dated 21.04.1999 passed in O.A. No. 2035 of 1999 by the Andhra Pradesh Administrative Tribunal, Hyderabad, and quash the same as illegal, arbitrary, unconstitutional and violative of Articles 14 and 21 of the Constitution of India by declaring the action of the first respondent Municipality in not allowing the minimum time scale of pay to the petitioners from the date of completion of five years of continuous service as daily wages/NMR employee and consequently to direct the first respondent Municipality to pay the minimum time scale of pay to the petitioners with all arrears and attendant benefits from the date of completion of five years of service, the petitioners filed this writ petition. When this writ petition is taken up for hearing, Sri K. Rama Krishna, Advocate, representing Mr. B.Bhasker Reddy, learned counsel for the petitioners, submits that pursuant to the order passed in WP MP No. 12506 of 1999 in the above writ petition, the first respondent Municipality has issued proceedings No.C1/879/1999 dated 29.7.1999 and the petitioners were permitted to draw the last grade scale with effect from 23.07.1999 and accordingly, the petitioners have been drawing the minimum time scale for the last ten years. Recording the same, the Writ Petition is closed. No order as to costs. ____________________ T.MEENA KUMARI, J. ___________________ S.ASHOK KUMAR, J. April 1, 2008 MAS.