THE HON'BLE SRI JUSTICE GHULAM MOHAMMED AND THE HON’BLE SRI JUSTICE K.G.SHANKAR WRIT PETITION NO.20329 OF 2011 ORDER: The petitioners filed this Writ Petition under Article 226 of the Constitution of India, inter alia, seeking to assail the order dated 25.04.2011 passed in O.A.No.10887 of 2008 on the file of the Andhra Pradesh Administrative Tribunal, Hyderabad {“the Tribunal” for brevity}, whereby, the Tribunal directed the petitioners herein to send proposals to the District Audit Officer for payment of salaries through Treasuries as per G.O.Ms.No.179 dated 25.02.2009 and G.O.Ms.No.405 dated 23.06.2009 on par with the other employees and also for payment of arrears, which exercise to be completed within a period of four weeks from the date of receipt of a copy of that order. The facts of the case, in brief, are that the applicant, who is working as Health Assistant, filed O.A.No.10887 of 2008 to declare the action of the petitioners herein in not implementing the orders passed in G.O.Ms.No.217 dated 26.02.2001 read with G.O.Ms.No.10 dated 08.01.2008 as illegal, arbitrary and further, to direct the petitioners to implement the orders passed in the above G.Os., by paying 100% pay in the Pay Scales of 1999 and also continue to pay the Revised Pay Scales of 2005 in terms of G.O.Ms.No.10 dated 08.01.2008 and further, to direct the petitioners to pay all the arrears in the category of Health Assistant by treating him as regularly appointed Health Assistant with effect from 24.01.2005. According to the applicant-first respondent herein, in pursuance to the advertisement made by the petitioners herein for filling up of the posts of Health Assistant, he applied for the same and was selected and accordingly, Resolution No.1034 dated 24.01.2005 was passed by the Municipal Council appointing him as Health assistant in the existing vacancy in terms of G.O.Rt.No.217 dated 26.02.2001 and G.O.Rt.No.847 dated 27.10.2003 and the Chair-Person, Municipal Council, Mahabubnagar, issued proceedings dated 24.01.2005. According to the applicant-first respondent, as per Para-2 of G.O.Rt.No.270 dated 26.02.2001 the para-medical posts, in which the applicant has been appointed, have to be paid a consolidated payment of 90% of the basic pay for the period of one year and in the event of continuance of the same candidates, the consolidated payment will be at 95% and 100% of basic for the second and third years respectively. As per the said orders of the Government, the applicant is entitled for the pay at the rate of 95% for the second year and 100% for the third year and so on. But the applicant is being paid only 90% of basic pay till the date of filing of O.A., in the pre-revised pay scales of 1999, which is only Rs.3,160/-. Further, according to the applicant, the Government issued G.O.Ms.No.10 dated 08.01.2008 stating that the persons, who were appointed in terms of G.O.Ms.No.217 dated 26.02.201 and G.O.Rt.No.459 dated 25.02.2002 in the Pre-Revised Scales of 2005, shall be allowed to draw the remuneration as per the Pay Revision Commission 2005 Pay Scales i.e., from the date of implementation of the monetary benefits of Pay Revised Commission 2005. Bringing all the facts to the notice of the respondents, the applicant-first respondent herein made a detailed representation on 10.04.2008 to allow the Pay Scales as ordered in Para-2 of G.O.Rt.No.217 dated 26.02.2001 read with Para-4 of G.O.Ms.No.10 dated 08.01.2005 but no action has been taken by the respondents. According to the applicant, Mahabubnagar Municipality has been upgraded as Special Grade Municipality vide G.O.Ms.No.16 MA dated 30.01.2004. Basing on the upgradation, the Municipal Council also addressed a letter dated 15.06.2004 to sanction some more posts in addition to the existing posts but the Government has not passed any orders. The applicant further submits that as per G.O.Ms.No.598 MA dated 26.11.1991; staffing pattern is fixed to the Municipalities. As per the said G.O., minimum two Health Assistants and seven Sanitary Inspectors are required for the first Grade Municipality. Though Mahabubnagar Municipality is Special Grade Municipality, i.e., more than first grade Municipality, only two Sanitary Inspectors and one Health Assistant i.e., the applicant-the first respondent herein are working. There is heavy work load in the Municipality and the applicant is working with a salary of Rs.3,160/- due to non- implementation of the orders passed by the Government. It is further submitted that in the other departments, those who were appointed in terms of G.O.Ms.No.217 dated 26.02.2001 and G.O.Rt.No.847 dated 27.10.2003; their services were already regularized. Though the applicant was also appointed through the process of selection and Municipal Council also passed Resolution No.1034 dated 24.01.2005, his case is not being considered so far for regular appointment though the Council is competent to do so. Hence, he filed the said O.A. The respondents therein filed counter stating that the Government issued orders in G.O.Ms.No.10 Health, Medical and Family Welfare (J2) Department dated 08.01.2008 for rectification of pay anomalies on issuance of Revised Pay Scales, 2005 and payment of wages @ 100% basic pay to the contract employees from the date of implementation of the monetary benefit of Pay Revision Commission, 2005. The matter was referred to the Government for sanction of posts and for implementation of G.O.Ms.No.10 dated 08.01.2008, but no orders are issued by the Government and hence, the applicant approached the Tribunal. The respondents therein admitted that Mahabubnagar Municipality has been upgraded as Special Grade Municipality in the year 2004 and the Municipal Council also addressed a letter dated 15.06.2006 for sanction of some more posts to it. Subsequently, the applicant filed MA.No.486 of 2011 to declare the action of the respondents in not passing the salary bills of the applicant under 010- Head of Accounts in terms of G.O.Ms.No.179 MA dated 25.02.2009 and G.O.Ms.No.405 MA dated 23.06.2009, as illegal and arbitrary and further to direct the respondents to pay the salaries and allowances of the applicant from 010-Head of account on par with other employees in terms of G.O.Ms.No.179 MA dated 25.02.2009 and G.O.Ms.No.405 MA dated 23.06.2009 from 01.06.2009 in terms of proceedings dated 10.05.2010. In the circumstances of the case, the Tribunal allowed the O.A. directing the respondents therein to send proposals to the District Audit Officer for payment of salaries through Treasuries as per G.O.Ms.No.179 dated 25.02.2009 and also issued G.O.Ms.No.405 dated 23.06.2009 on par with the other employees and also for payment of arrears, which exercise shall be completed within a period of four weeks from the date of receipt of that order. In the circumstances of the case, we do not find any infirmity in the order dated 25.04.2011 passed by the Tribunal in O.A.No.10887 of 2008. The Writ Petition fails and is, accordingly, dismissed. No costs. _____________________ (GHULAM MOHAMMED, J) _______________ (K.G.SHANKAR, J) 21st July 2011 RRB