IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE EIGHTH DAY OF JULY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH and THE HON'BLE MR JUSTICE P.SWAROOP REDDY WRIT PETITION NO : 4225 of 2000 Between: 1 MSGK warrier S/o Naryana Nambudri 29/D, GPRA Campus, Gachi Bowli, Hyd, RR Dist. 2 JM amarnath S/o JS Muthyalu H.No. 1-10-69, Temple Alwal, Hyd. ..... PETITIONER(S) AND 1 Union of India, rep by its Secretary, Govt of India, Ministry of water Resources, Sharam Shakti Bhavan, New Delhi. 2 The Chairman, Central Water Commission, Sewa Bhavan, RK Puram, New Delhi. .....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 a writ order or direction and more particularly one in the nature of writ of certiorary calling for the records relating t order dt 26- 11-99 in OA No. 518/98 on the file of the CAT Hyd after declaring that the petitioner are entitled to be given the pay scale on par with their counter parts in central ground water board of ministery of water resources or atleast with the counter parts in CPWD & other deprt.,be governed byt he provisions of CPWD mannual volume & for th consequential direction to the respondnets ti the pay scale of Rs 330-430 w.e.f. 16-4-1979 & 8-03 respectively & in the pay scale of Rs 1320-2040 on par with electrician in central ground water Board or atleast in the scaleof Rs 1200-1800 on par scale of Rs4000 6000 from the dt of VPRC with all consequential & attandant bnefits Counsel for the Petitioner:MR.R.BRIZ MOHAN SINGH Counsel for the Respondent No.: MR.A.RAJASHEKAR REDDY (ASST SOLICITOR GEN) The Court made the following : THE HON'BLE MR JUSTICE V.ESWARAIAH and THE HON'BLE MR JUSTICE P.SWAROOP REDDY WRIT PETITION No.4225 of 2000 ORDER: (per the Hon’ble Sri Justice P.Swaroop Reddy) This writ petition is filed questioning the order, dated 26- 11-1999, passed by the Central Administrative Tribunal, Hyderabad, in O.A.No.518 of 1998. It is the case of the petitioners that they were appointed in Central Water Commission, Godavari Circle, Hyderabad, as Electricians in the pay scale of Rs.260-350 with effect from 16.04.1979 and 08.03.1979 respectively as work charged employees and are governed by the C.P.W.D. Manual Volume III for all purposes, such as qualifications for appointments, promotions, pay scales and other benefits. As per the said Manual, the post of Electrician is a post carrying a pay scale of Rs.330- 430 (III PRC) along with certain posts like Pattern Marker, Senior Mechanic, Senior Operator etc. As they are governed by the C.P.W.D. Manual Volume III, they are entitled to the pay scale of Rs.330-430 with effect from the date of their initial appointment, but were paid only the pay scale of Rs.260-350, which was attached to inferior posts of Tinsmith, Turner, Upholsterer, Wireman, Welder, etc. In fact, many of these posts form as feeder posts for promotion to the post of Electrician and other equivalent posts. It is stated that the work charged employees including the petitioners are treated as quasi permanent employees. Unlike other temporary employees, who are solely governed by CCS (Temporary Services) Rules, 1965, the work charged employees including the petitioners are treated or comparable to regular establishment in many matters, as such, they prayed to fix the pay scale at Rs.330-430 with effect from the date of their initial appointment i.e. 16-04-1979 and 08-03-1979 respectively instead of Rs.260-350/-. The Tribunal vide its order, dated 26-11-1999, dismissed the said O.A. Aggrieved by the same, the petitioners filed the present writ petition. In this writ petition, the petitioners contended that except rules governing the C.P.W.D. Manual Volume III, there are no other rules governing the writ petitioners and other employees of Central Water Commission, and therefore, they are entitled for the relief claimed. During the course of arguments, the learned Assistant Solicitor General produced a copy of the revised scales for the posts borne on the work charged establishment in Central Water and Power Commission and its Subordinate offices, which shows that there are posts of Electrician Grade-I and Grade-II and the Electrician Grade-II posts carry scale of pay Rs.260-350 whereas Electrician Grade-1 posts carry scale of pay Rs.380-560. As the existence of the aforesaid Rules is not disputed by the learned counsel for the petitioners, the contention of the petitioners that there are no Rules governing them except the C.P.W.D. Manual cannot be accepted. In view of the revised scales for the posts borne on the work charged establishment in Central Water and Power Commission and its Subordinate offices, the petitioners are not entitled to any relief and the writ petition is devoid of merits and the same is liable to be dismissed. Accordingly, the writ petition is dismissed. There shall be no order as to costs. ________________ V.ESWARAIAH, J _____________________ P.SWAROOP REDDY, J Date: 08-07-2009 Prv