IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY SECOND DAY OF OCTOBER TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE B.PRAKASH RAO and THE HON'BLE SRI JUSTICE G.BHAVANI PRASAD WRIT PETITION NO : 19575 of 2000 Between: 1 The State of A.P, Rep.by its Secretary to Government, Finance and Planning (Finance Wing) Department, Secretariat, Hyderabad. 2 The Secretary to Government, Government of A.P., Home Department, Secretariat Buildings, Hyderabad. 3 The Director General & Inspector, General of Prisons and Director General of Correctional Services, Government of A.P, Hyderabad. 4 The Superintendent, Government Juvenile Home for Boys, Visakhapatnam. ..... PETITIONER(S) AND 1 Y.V.Suryanarayana, Head Master,Government Juvenile Home for Boys, Visakhapatnam. 2 P.Trinadha Rao, Government Juvenile Home for Boys, Visakhapatnam. 3 Smt.T.Prakashamani, Government Juvenile Home for Boys, Visakhapatnam. .....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 to issue any Writ,suit or proceedings more particularly one in the nature of 'WRIT OF CERTIORARI calling for the records pertaining to order dated 13-12-1999 passed in O.A.No.1362/1994 on the file of the A.P.Admn Tribunal,Hyderabad and quash the same as illegal and arbitrary and such order or orders as this Hon'ble Court may deem fit and proper in the circumstance of the case. Counsel for the Petitioner:GP FOR SERVICES I Counsel for the Respondent No.: GP FOR HOME The Court made the following : THE HON'BLE SRI JUSTICE B.PRAKASH RAO and THE HON'BLE SRI JUSTICE G.BHAVANI PRASAD WRIT PETITION NO : 19575 of 2000 ORAL ORDER: (PER BPR,J) The State is the petitioner, having aggrieved by the orders passed in O A No. 1362 of 1994 dated 13.12.1999 on the file of the A.P. Administrative Tribunal, filed the present writ petition. In O A No. 1362 of 1994 before the Tribunal, filed under section 19 of the Administrative Tribunal Act, the respondents/applicants sought for the direction for payment of arrears due to them on re-fixation of the consequential benefits. After contest by the petitioners, the Tribunal passed the following order; “It is admitted by the respondents themselves in their counter that the applicants are similarly situated as that of the applicants in the aforesaid batch of O.As. Thus, the point raised above is answered in affirmative and against the respondents and in favour of the applicants. This matter is squarely covered by the judgment rendered by this Tribunal in O A Nos. 29689 to 29695 of 1990 and 29813 of 1990. The respondents are thus directed to revise and refix the pay of the applicants in the scale of Rs.1010-1800 as per the Revised Pay Scales, 1986 with effect from 1.7.1986 and to pay the applicants the balance payable for the period commencing from 1.7.1986 within three months from the date of receipt of this order. We further held that G O Ms No. 302 Finance and Planning Department, dated 18.7.1990 in so far as it relates to fixation of date for coming into force of the same with effect from 1.4.1990 in respect of the applicants is arbitrary and unconstitutional and to the said extent of giving such cut off date for the applicability of the pay scales, 1986 w.e.f. 1.4.1990 is set aside. The O A is accordingly allowed. No costs.” The only grievance on behalf of the petitioner is to the effect, since admittedly the respondents/applicants were appointed only in the year 1988, two years later to the aforesaid revised scales of pay, 1986, therefore the question of payment of benefits prior to their appointment is not sustainable. There cannot be any dispute in regard to the said proposition as regards question of payment of salary or scales prior to their appointment. In view of the same, the orders of the Tribunal dated 13.12.1999 stands modified only to the effect that the direction given for payment of benefits in terms of the Revised Pay Scales is only payable from the individual dates of appointment of the respective applicants only. Subject to above modification, the writ petition is disposed of. No costs. _______________ B.PRAKASH RAO,J _________________ G.BHAVANI PRASAD,J DATE:22.10.2009 tvk THE HON'BLE SRI JUSTICE B.PRAKASH RAO and THE HON'BLE SRI JUSTICE G.BHAVANI PRASAD WRIT PETITION NO : 19575 of 2000 Date: 22-10-2009