THE HON’BLE SMT. JUSTICE T.MEENA KUMARI AND THE HON’BLE SRI JUSTICE G.CHANDRAIAH W.P.NO.23321 OF 2005 O R D E R (Per the Hon’ble Smt. Justice T.Meena Kumari) Heard both the counsel. 2. Aggrieved by the order dated 13.10.2003 passed by the Andhra Pradesh Administrative Tribunal, at Hyderabad in O.A.No.6272 of 2003, the present writ petition is filed by the Government. 3. The respondents herein who are working as Work Inspector Grade IV in the office of the Deputy Executive Engineer, Nellore and Gudur sub Divisions, Nellore District filed O.A.Nos.6272/2003 to declare the action of the writ petitioner no.1 – The Executive Engineer, Irrigation and Command Area Development, Nellore Central Division, Nellore Distrcit and others in not extending the benefits of the revised pay scales as per G.O.Ms.No.226 dated 26.6.1980 with notional effect from 1.4.1978 and with monitory benefit from 26.6.1980, as illegal and unjust. The Tribunal by the impugned order dated 13.10.2003 directed the writ petitioners to fix the pay of the applicants in the revised pay scales as per G.O.Ms.No.226 dated 26.6.1980 with effect from 1.4.1978 and minatory benefit from 26.6.1980 i.e., the date on which the G.Os.No.226 was issued. Aggrieved by the same, the present writ petition is filed. 4. In the affidavit filed in support of the writ petition it is stated that the respondent no.1 was appointed as Work Inspector Grade IV in the office of the Executive Engineer, Gandipalem Division, Nellore vide proceedings no.872M/dt. 7-5-77 and he joined on 16.5.1977 and worked at various places mentioned in the affidavit filed in support of the writ petition at paragraph no.4. The Government issued G.O.Ms.No.226, Irrigation and Power (Ser.V) Department dated 26.6.1980 with directions to adopt uniform D.A. merged scales of pay in 1974 and 1978 vis-à-vis the qualifications, for the Work Inspectors under the revised designations of Public Works Department and other Engineering Departments of the State Government as shown in column no.3 of the said G.O. The said G.O. was implemented with effect from 1.4.1978 and pay fixations were done. Pursuant to the clarification sought for by the Engineer-in-Chief, Irrigation Wing, Hyderabad, the Government issued clarification orders in Memo No.216/Ser.V.2/88-28/dt 10-4-1991 stating that the orders in the G.O.Ms.No.226 will take prospective effect and the proposals of the Engineer-in-Chief (Irrigation Wing) for fixation of pay on notional basis with effect from 1974 and monitory benefit from 26.6.1980, is negatived as the same will have adverse effect in the matters of service, pay etc and also may lead to several other anomalies. In view of the said clarification, the pay fixation ordered earlier, was revised and it was implemented with effect from 26.6.1980 instead of 1.4.1978. It is stated that the Tribunal by not considering the clarificatory orders issued by the Government, passed the impugned order and hence sought for setting aside the same. 5. From the material on record, it could be seen that in order to have uniform dearness allowance merged scales of pay in 1974 and 1978, the Government issued G.O.Ms.No.226 Irrigation and Power (Ser.V) Department dated 26.6.1980 for the Work Inspectors under the revised designations of Public Works Department and other Engineering Department of the State Government and when a clarification was sought by the Engineer-in-Chief, Irrigation wing, Hyderabad with regard to the date of fixation of pay on notional basis with effect from 1974 and monitory benefit from 26.6.1980, the Government vide Memo No.216/Ser.V.2/88-28/ dated 10.4.1991 clarified to the effect that the G.O. will have prospective effect and further the Government negatived the fixation of pay with notional basis from 1974 and monitory benefit from 26.6.1980 as it will have adverse effect in the matters of service, pay etc., and also may lead to several other anomalies. In view of the clarification made by the Government, the fixation of pay shall be from the date of issuance of the G.O. Further, there is no material on record to show that the clarificatory orders of the Government in Memo dated 10.4.1991 was brought to the notice of the Tribunal. In view of the clarification issued by the Government, the impugned orders of the Tribunal cannot be sustained and it is held that the G.O.Ms.No.226 will have effect from 26.6.1980. 6. The writ petition is accordingly disposed of. No costs. ----------------------------------- T.MEENA KUMARI,J --------------------------------------- G.CHANDRAIAH,J DATE: 17.3.2008