HON’BLE SRI JUSTICE GHULAM MOHAMMED AND HON’BLE SRI JUSTICE C.V.RAMULU Writ Petition No.17059 of 2008 ORDER: (Per Hon’ble Sri Justice Ghulam Mohammed) This writ petition is filed seeking to quash the decision rendered in O.A.No.25 of 2006 dated 10-7-2008 on the file of Central Administrative Tribunal, Hyderabad Bench. 2. The details relevant and necessary for deciding the writ petition may be stated thus: The petitioners herein are working as teachers in Mica Mines Labour Welfare High School, Sydapuram Mandal, Nellore district, which is run by the Ministry of Labour. They filed above O.A. challenging the proceedings dated 24-10-2005 by which the Central pay scales were sought to be extended to them. The grievance of the petitioners is that the respondents vide the said proceedings reduced their pay in the name of implementing Central Pay scales, without giving any notice. The official respondents contended that the petitioners do not possess the qualifications required for appointment as teachers in schools run by the Railways and that the Central Pay scales have been implemented to all the teachers including the petitioners on par with teachers working in Railway and Central schools from the date of their appointment based on qualifications. The Tribunal after considering the rival contentions, ultimately directed the official respondents to issue notice to petitioners, as the emoluments as per new scales are lower than what they are drawing for the present. 3. Learned counsel for the petitioners contended that the petitioners, while working in the school under the control of State Government, were appointed in the schools run by the Ministry of Labour, therefore their pay as per State Government pay scales, has to be protected and no notice was issued to them before reduction of pay vide impugned proceedings. On the other hand, learned standing counsel appearing for respondents contended that the Tribunal ordered notice to petitioners and therefore they can explain putforth their case before the authority. 4. We have considered the submissions made on either side. It is seen from the impugned order that the Tribunal had recorded the finding that the petitioners were drawing higher pay when they were working in State Government schools. It is settled law that when an employee goes on transfer or deputation to other department, his pay will be protected. It appears, the Central Pay scales, which were sought to be implemented in respect of petitioners, would actually reduce their salary, and it would be lower than what they would be drawing had they continued in State Government service. The Tribunal, having found that their pay would be reduced if Central Pay Scales would be implemented, declined to give positive direction to grant pay protection, instead ordered the authorities to give notice to petitioners. We are of the considered opinion that the Tribunal having held that the petitioners’ pay could have been protected, ought not to have simply directed the respondents to issue notices and decide the matter. In fact, till the matter is decided, the petitioners are entitled to draw the salary as was being drawn earlier. In the result, the findings recorded against all the issues are liable to be decided afresh. 5. In the above circumstances, the writ petition is allowed directing the authorities concerned to protect the pay of the petitioners and pay all the arrears till date, as they would have been drawing had they been in the State Government service, before transfer to the Central school. The authorities concerned are further directed to pass appropriate orders, in the light of above observations and without being influenced, in regard to findings recorded against issue No.1 by the Tribunal. This exercise shall be completed within three months from the date of receipt of this order. No order as to costs. ___________________________ GHULAM MOHAMMED, J. ___________________ C.V.RAMULU, J. 06-08-2008 bsc IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE SIXTH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION NO : 17059 of 2008 Between: 1 P.Narasimhulu S/o.Penchalaiah Kalichedu(V) Sydapur(M) Nellore District 2 V.Sreenivasulu S/o.Ramanaiah Kalichedu(V) Sydapur(M) Nellore District 3 G.Sankaraiah S/o.G.Yellaiah Kalichedu(V) Sydapur(M) Nellore District ..... PETITIONER(S) AND 1 Union Of India Rep.by its Secretary Govt of India & Ministry of Labour Employment& Rehabilitation Dept of Labour & Employment New Delhi 110001 2 The Welfare Commissioner Govt of India Ministry Labour Kendriya Sadan Sultan Bazar Hyderabad 3 Administrative Cum Accounts Officer O/o. Welfare Commissioner Labour Welfare Organization Room No.54 Ground Floor Kendriya Sadan,Sultan Bazar Hyderabad-500095 4 The Welfare Administrator Govt of A.P Ministry Of Labour Kalichedu,Nellore Dist 524-409 .....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 writ of Certirorari setting aside the Judgment of Central Administrative Tribunal,Hyderabad Bench in O.A No.25/06 dt.10/07-2008 after calling for the records and consequently direct the respondents to implement pay Scales to the petitioner on par with the teachers of Ministry of Railways Schools as done for other staff of the MMWO Schools,Kalichedu,Nellore District and pass Counsel for the Petitioner:MR.K.S.MURTHY Counsel for the Respondent No.: MR.A.RAJASHEKAR REDDY (ASST SOLICITOR GEN) The Court made the following :