IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE THIRTEENTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION NO : 32607 of 1997 Between: 1 Ch. Subba Rao S/o Valappa V.S.R. & N.V.R.College, Tenali, Guntur District. 2 N. Subba Rao S/o Venkaiah V.S.R. & N.V.R.College, Tenali, Guntur District. ..... PETITIONERS AND 1 The Govt. of A.P. Rep. by Secretary, Education (Higher Education) Dept., Secretariat Buildings, Hyderabad. 2 The Commissioner of Collegiate Education, Nampally, Hyderabad, Andhra Pradesh. 3 The Correspondent, V.S.R. & N.V.R. College, Tenali, Guntur District. .....RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue an appropriate Writ, Order, or Direction, especially in the nature of a Writ of Mandamus directing the respondents to re-fix their scale of pay in the 1986 R.P.S., namely, Rs.740-15-950-20- 1150 w.e.f. 1-7-1990 till 30-6-1993 and in the scale of Rs.1375-25- 1475-30-1625-40-1825-50-2075-60-2375 as per R.P.S. 1993 w.e.f. 1-7- 1993 till 30-11-1997 and pay each of them the difference in pay, namely, Rs.1,10,947/- for the period from 1-7-1990 till 30-11-97, and continue to pay them the salary fixing their basic as Rs.1665/- as on 21-3-1997, and pass such other and further orders to meet the ends of justice. Counsel for the Petitioners:MR.K.HARINATH Counsel for Respondent Nos.1&2: GP FOR HIGHER EDUCATION Counsel for Respondent No.3: SRI D.V.SITHARAM MURTHY The Court made the following : THE HON’BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION No.32607 of 1997 ORDER: The petitioners, two in number, are aggrieved by the failure on the part of respondents in not refixing their scales of pay in the 1986 Revised Pay Scale of Rs.740-1150 with effect from 01.07.1990 till 30.06.1993 and in the scale of pay of Rs.1375-2375 as per the 1993 Revised Pay Scales with effect from 01.07.1993 onwards. They seek payment of differential amount. 2. Both the petitioners, along with two others, had approached this Court earlier in W.P.No.14835 of 1995 and, by order dated 13.02.1996, this Court directed the Commissioner of Collegiate Education to pass orders appointing the petitioners to aided posts with effect from 01.07.1990, the date on which the period of three months given in the earlier order of this Court expired. This Court further directed release of funds for payment of salary and observed that necessary orders be passed and that payment of salary be made on or before 31.03.1996. Pursuant thereto the Commissioner of Collegiate Education, vide proceedings dated 18.03.1996, while treating the petitioners herein as converted Class IV employees, however paid them the pay scales applicable to contingent staff and not the pay scales applicable to Class IV employees. 3. Respondents would rely on G.O.Ms.No.9 dated 08.01.1981 which provided that all full-time contingent posts which have been in existence for a period of 10 years or more by 31.12.1980, and are required to be retained on permanent basis, should be converted into regular Government posts in the Last Grade Service in the pay scale of Rs.290-425 with effect from 01.01.1981 wherever they have been created by a competent authority irrespective of whether there were any Government Orders sanctioning them or not. 4. Learned Government Pleader for Higher Education would submit that, under the Rules in force, appointment is to be made initially to aided contingent posts and, only after completion of five years service in such aided contingent posts, such a contingent employee would be entitled to be converted as a Class IV employee. Learned Government Pleader would fairly state that in the third respondent College the posts of Gardener and Watchman, which the petitioners hitherto held, were not aided contingent posts. 5. Once it is accepted that there were no aided contingent posts in the third respondent College, the question of converting the petitioners from contingent posts to Class IV posts after a period of five years does not arise. The order of this Court, in W.P.No.14835 of 1995 dated 13.02.1996, required the respondents to appoint the petitioners in aided posts with effect from 01.07.1990 and since, admittedly, there were no aided contingent posts in the third respondent College, the direction which this Court gave to the respondents, requiring them to appoint the petitioners in aided posts with effect from 01.07.1990, necessitated that they be appointed in Class IV posts with effect from 01.07.1990 and that they be extended the benefit of pay scales applicable to Class IV posts from 01.07.1990 onwards. 6. While the order dated 18.03.1996 extended to the petitioners the said benefit from 01.07.1990 the respondents have, in the course of implementation of the said orders, denied them the pay scales applicable to Class IV posts for a period of five years thereafter till 30.06.1995 on the specious plea that the rules in force required the petitioners to be appointed initially in the aided contingent posts and only thereafter to be converted to Class IV posts. Since there were no aided contingent posts in the third respondent College the order of this Court, in W.P.No.14835 of 1995 dated 13.02.1996, required the respondents to appoint the petitioners in aided posts i.e., aided Class IV posts and to give them the pay scales in the said posts from 01.07.1990 onwards. 7. The writ petition is allowed and the respondents are directed to extend to petitioners the pay scales applicable to Class IV posts from 01.07.1990 onwards, including revision of pay scales from time to time, and to pay the arrears within three months from the date of receipt of a copy of this order. No costs. _______________________ (RAMESH RANGANATHAN,J) 13th March, 2008 v v To 1. The Secretary, Government of A.P., Education (Higher Education) Dept., Secretariat Buildings, Hyderabad. 2. The Commissioner of Collegiate Education, Nampally, Hyderabad, Andhra Pradesh. 3. 2 CCs to Government Pleader for Higher Education (O.U.T.). 4. 2 CD copies.