IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE FOURTH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION NO : 25967 of 2006 Between: Md.Muzaffer Ahmed S/o.Gulam Mohammed O/o.Urban Malaria Officer, Nalgonda ..... PETITIONER AND 1 The District Medical & Health Officer, Nalgonda 2 District Malaria Officer, Nalgonda .....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 more in the nature of writ of certiorari calling for the records relating to the order of the Hon`ble AP Administrative Tribunal dated 6.11.2006 in OA.No.93095 of 2002 of and quash the same and further direct the respondents to sanction Annual Grade Increments to the petitioner with eﬀect from the date of his appointment with all consequential beneﬁts such as arrears of pay by declaring the action of the respondents in not sanctioning the increments periodically as illegal, bad arbitrary, and contrary to the Fundamental Rules and further direct the respondents to absorb the petitioner in the Regular services and to pass Counsel for the Petitioner: MR.J.R.MANOHAR RAO Counsel for the Respondent No.: GP FOR MEDICAL HEALTH & FAMI.WELFARE ORDER: (Per Sri Justice GHULAM MOHAMMED) This Writ Petition has been ﬁled seeking a direction in the nature of writ of Certiorari calling for the records pertaining to the impugned order dated 6.11.2006 in O.A.No. 9305 of 2002 passed by the A.P. Administrative Tribunal, Hyderabad, and quash the same as illegal and consequently direct the respondents to sanction Annual Grade Increments to the petitioner with eﬀect from the date of his appointment with all consequential benefits. The case of the petitioner is that he was initially appointed as Field worker on daily wage basis. The District Malaria Oﬃcer on the orders of the Director of Medial and Health Services A.P., Hyderabad, issued proceedings dated 20th February, 1991 appointing the petitioner as Field Worker under Rule 7(a)(1)(i) of Last Grade Service Rules in the time scale of Rs. 740-1150 with all usual allowances. His further case is that even though the petitioner was appointed on regular basis in the time scale of pay, he was not awarded increments regularly and no reasons were assigned for not sanctioning the increments from the date of regular appointment. It is submitted that according to Fundamental Rules 24 and 26 an increment shall ordinarily be drawn as a matter of course unless it is withheld. It is further submitted that some of the ﬁled workers, who were appointed on daily wage basis, and who were not appointed on regular basis, in the regular time scale of pay, approached the Industrial Tribunal by way of ﬁling I.D.No. 6/93 for absorbing them on regular basis in the time scale of pay and the Industrial Tribunal allowed their case on 28.8.1993 directing the respondents to absorb them and appoint them as Field Workers on regular time scale of pay of Rs. 740-1150 within two months. However, the said award was challenged before this Court and this Court remanded the matter to the Industrial Tribunal to decide the issue as to whether the Department of Health is to be treated as an Industry. The Industrial Tribunal once again heard the matter and passed award on 28.2.1998 holding that the activity of Director of Medical and Health is in the nature of Industry and the respondents implemented the said award basing on the advice of the Advocate General and allowed the increments to them. Respondents ﬁled the counter aﬃdavit stating that as per the A.P. Last Grade Service Rules, the vacancies of the Field Worker shall be notiﬁed to the Employment Exchange, Nalgonda for sponsoring the candidates and such candidates are to be interviewed and selected as per suitability and merit basis. But contrary to the said Rules and statutory provision governing such recruitment, the then District Malaria Oﬃcer, Nalgonda has issued orders appointing the applicants as Field Workers quoting Rule 7(a)(1)(i) of A.P. Last Grade Service Rules without being notiﬁed to the Employment Exchange and also without competency to appoint the applicants, thus the appointments of the applicants are illegal and irregular. The Tribunal after hearing both the parties held that the Government have already issued certain executive orders more particularly G.O.Ms.No. 212 F&P dated 22.4.1994 in the wake of Act 2 of 1994 and if at all the cases of the applicants have to be considered, they have to be considered in terms of the said GO and not in any other manner and hence, the prayer sought cannot be granted. The learned counsel appearing for the petitioner contended that when once the petitioner has been appointed on regular basis in the time scale of pay he is entitled for increments periodically in terms of Fundamental Rules 24 and 26. The learned Government Pleader contended that the appointment of the applicant was illegal since the appointing authority made these appointments without following the procedure of notifying and obtaining candidates from the employment exchange. We have perused the entire material on record and the order impugned. As seen from the record, the petitioner was appointed in the year 1991 as Field Worker and being continued in service till date. When the petitioner has ﬁled O.A.No. 9305 of 2002 seeking increments, respondents have raised an objection that the petitioner was appointed without his name being notiﬁed by the Employment Exchange. The said contention cannot be accepted at this length of time. The petitioner was appointed temporarily under Rule 7(a)(1)(i) of Last Grade Service Rules in the time Scale of Rs. 740-1150 with all usual allowances and was working for the last several years. The Tribunal misguided itself and dismissed the O.A. In the above circumstances, the order passed by the Tribunal is liable to be set aside. Accordingly, the Writ Petition is allowed and the order impugned is set aside. No order as to costs. _____________________________ GHULAM MOHAMMED ,J ___________________________ C.V.RAMULU, J Dt. 04.07.2008 KA ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The District Medical & Health Officer, Nalgonda 2 District Malaria Officer, Nalgonda 3. CC to G.P. for Services I, High Court of A.P., Hyderabad. 4. 2CD copies