IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE SEVENTH DAY OF AUGUST TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO : 21341 of 1999 Between: 1 Md. Khader, S/o. Md. Ali (late), Dept. of Botany, P.G.College, Secunderabad. 2 Afzal Shareef, S/o. Abdul Lateef, Dept. of Botany, P.G.College, Secunderabad. 3 P. SambaShivudu, S/o. P. Shankaraiah, Nizam College, Hyderabad. 4 Smt. S.Grace, W/o. S. Chandraiah, Nizam College, Hyderabad. 5 Mohd. Abdul Kareem, S/o. Mohd. Mahboob Ali, College of Engineering Dept. of Mechanical, Osmania University. 6 J. Ramulu, S/o J. Kistaiah, University of College for Women, Koti, Hyderabad. 7 G. Bhoomaiah, S/o. Parusharamulu (late), P.G.College, Secunderabad. ..... PETITIONER(S) AND The Osmania University, Represented by its Registrar, Osmania University, Hyderabad. .....RESPONDENT 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 an appropriate writ , order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondent in not awarding the pay scale of Rs. 410-625 (RSP - 1978) in the Lab Attendant Cadre to the petitioners w.e.f. the date of their initial appointment in terms of Judgement in W.P.No. 4013 of 1988, dt. 21-9-1992 while extending the same benefits to the other similarly situated persons, as highly arbitrary, illegal and descriminatory offending Articles 14 & 16 of the Constitution of India and consequently direct the Respondent to award pay scale of Rs. 410-625(RSP- 78) to the petitioners in the cadre of Lab Attendant w.e.f. the date of their initial appointment as Lab Attendant and refix their pays as in the case of other similarly situated persons i.e petitioners in WP.No. 4013/88 with allconsequential benefits of arrears of salary etc. and pass such other or further order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner:MR.D.V.NAGI REDDY Counsel for the Respondent No.: MR.DEEPAK BHATTACHARJEE The Court made the following : THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.21341 OF 1999 ORDER: The petitioners, Lab Attendants/Lab Attenders in the service of the first respondent Osmania University, are aggrieved by the denial of the pay scale of Rs.410-625 as per the Revised Pay Scales-1978 (for brevity, ‘RPS-1978’). It is their case that they are entitled to the said pay scale as per the Judgment dated 21.09.1992 in W.P.No.4013 of 1988. They accordingly seek a consequential direction to award the said pay scale to them with effect from their initial appointments and to refix their pay on par with others similarly situated. During the pendency of the writ petition, the Government of Andhra Pradesh represented by its Education and Finance Departments was impleaded as party respondents 2 and 3 in this writ petition. As per the averments made in the writ affidavit, the petitioners were appointed as Lab Attendants in the service of the first respondent University between the years 1979 and 1983. They were put on the time scale of pay of Rs.350-550 in the RPS-1978. However, orders were issued by the University on 22.07.1983 according sanction for award of the pay scale of Rs.410-625 (RPS-1978) to the persons who were promoted after 01.12.1978. This discrimination by the University between the directly recruited Lab Attendants and promotees resulted in the filing of W.P.No.4013 of 1988 before this Court. The said writ petition was allowed on 21.09.1992 directing the University to award the pay scale of Rs.410- 625 to the petitioners therein on par with their Juniors who were given the said benefit. The said order attained finality as Writ Appeal No.1455 of 1992 filed thereagainst was dismissed on 26.12.1992. Pursuant to the order in W.P.No.4013 of 1988, proceedings were issued by the first respondent University on 14.12.1998 awarding the pay scale of Rs.410-625 to the 18 Lab Attendants, who figured as petitioners therein. The petitioners herein, being similarly situated, filed the present writ petition seeking the same relief. In its counter affidavit, the first respondent University admitted that as per the RPS-1978, Lab Attendants were entitled to the scale of pay of Rs.410-625. However, it is stated that in the year 1978 the University decided to reduce the pay scale applicable to ‘future recruits’ in the category of Lab Attendants and the said decision was given effect to from 01.12.1978. Thereby all Lab Attendants who were in service prior to the crucial date, i.e., 01.12.1978 continued to enjoy the pay scale of Rs.410-625 while those who were appointed thereafter were placed on a lesser pay scale. It is further stated the issue was considered by the Grievances Committee at it’s meeting held on 18.12.1979 which recommended that the matter be referred to the Government for restoration of the pay scale to the Lab Attendants. But, the Government vide it’s letter dated 14.11.1980 rejected the said proposal on the ground that the Lab Attendants working in other Universities and in Government Departments were placed on a lower scale of pay and as such there was no justification to restore the said scale only in the first respondent University. It is however admitted by the first respondent University that in accordance with the directions of this Court in W.P.No.4013 of 1988, after obtaining the concurrence of the Government, the 18 Lab Attendants who were the petitioners therein, were awarded the pay scale of Rs.410-625 (RPS-1978) with effect from the date of their initial appointments. The University concluded it’s counter by relying upon the Andhra Pradesh Universities Act, 1991 which required it to obtain the prior approval of the Government before revising the scales of pay of it’s staff. It is stated that the Government had not given concurrence for award of the scale of pay of Rs.410-625 as per the RPS-1978 to the petitioners herein. Accordingly, the University sought the dismissal of the writ petition. Heard Sri D.V.Nagi Reddy, learned counsel for the petitioners, Sri Deepak Bhattacharjee, learned standing counsel for the first respondent-University and the learned Government Pleader for Higher Education for the second respondent. It is brought to my notice that another similarly situated Lab Attendant, viz., P.Venkateshwara Sarma, working in the first respondent University filed W.P.No.26232 of 2000 before this Court for the same relief and obtained interim orders with regard to the extension of the higher pay scale. Thereupon, the Government also accorded sanction for award of the pay scale of Rs.410-625 to him and consequently, the first respondent University by it’s proceedings dated 29.07.2002 awarded the said pay scale to him from the date of his initial appointment. Relevant to note, the date of appointment of P.Venkateshwara Sarma is 06.10.1986, i.e., long after the date of appointment of the petitioners in this case. It appears that the petitioners in this case were denied the benefit extended to those who were appointed after them only on the ground that Government sanction was required. In fact, the Government of Andhra Pradesh was not a party to the writ petitions filed by the others who were similarly situated but the benefit was extended to them after concurrence was obtained by the University from the Government. In the present case, the Government of Andhra Pradesh is a party and has not chosen to file a counter rebutting the claim put forth by the petitioners. In such circumstances, I do not see any justifiable reasons to deny the petitioners the benefit which was extended to those subsequently appointed, such as P.Venkateswara Sarma. The petitioners stand on the same footing as the writ petitioners in W.P.Nos.4013 of 1988 and 26232 of 2000 and there is no rationale in denying them the benefits extended to the petitioners therein. This case is squarely covered by the judgment of this Court in W.P.No.4013 of 1988, which was affirmed in appeal. The writ petition is accordingly allowed directing the respondents to award the pay scale of Rs.410-625 as per the RPS- 1978 to the petitioners in the category of Lab Attendants in the service of the first respondent University with effect from the date of their initial appointments and refix their pay accordingly. The petitioners shall be entitled to all consequential benefits including arrears of salary. This exercise shall be completed within a period of three months from the date of receipt of a copy of this order. In the circumstances of the case, there shall be no order as to costs. ____________________ SANJAY KUMAR, J. _________ AUGUST, 2009 VGSR