IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) SATURDAY, THE SIXTH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION NO : 1212 of 2006 Between: 1 Government of Andhra Pradesh, represented by its Secretary to Government, Irrigation & CADA Department, Secretariat, Hyderabad. 2 The Executive Engineer, Telugu Ganga Project,present re-designated as Somasila Swarnamukhi Link Canal (SSLC) & Swarnamukhi Barriage, Division- II,Nellore. 3 The Assistant Pay & Accounts Officer, Telugu Ganga Project, Nellore. ..... PETITIONERS AND Sk.Habibullah, s/o Mahabub Basha, (now re-designated as Junior Technical Officer) o/o Executive Engineer, SSLC & SB Division-II,Nellore. .....RESPONDENT 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 issue a writ order or a direction, more particularly one in the nature of writ of certiorari, calling for the records relating to O.A.No.5761/95, dt.3/12/1997 on the ﬁle of A.P.Administrative Tribunal, Hyderabad as being erroneous and illegal and consequently quash the same and pass such further or other order as deem fit and proper. Counsel for the Petitioners :GP FOR SERVICES II Counsel for the Respondent : MR.V.S.R.MURTHY WRIT PETITION NO : 12094 of 2006 Between: 1 The Secretary to Government, Irrigation & CAD Department Secretariat, Hyderabad 2 The District Collector, Nellore 3 The Chief Engineer, TGP Unit, Srikalahasti, Chittoor distric 4 The Superintending Engineer, Somasila Swarnakukhi Link Canal & Swarnamukhi Barriage, Construction circle, Daragametta, Nellore 5 The Executive Engineer, SSLC & SB Construction Division NO.II, nellore 6 The Asst.Pay & Accounts officer, Telugu Ganga Project Nellore ..... PETITIONERS AND Sk.Habibullah S/o.Mahabub Basha (now re-designated as Junior Technical officer) O/o. Executive Engineer, SSLC & SB, Division –II, Nellore .....RESPONDENT 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 issue an appropriate writ order or direction more particularly one in the nature of "Writ of Certiorari " calling for the records relating to the orders of the Hon`ble A.P.Administrative Tribunal passed in OA.No.3767/2001 dated 31.3.2006 as being erroneous, irregular and unreasonable and quash the same and pass such other order or orders as deem ﬁt and proper in the circumstances of the case. Counsel for the Petitioners: GP FOR SERVICES II Counsel for the Respondent : None The Court made the following : Common Order :: THE HON’BLE SRI JUSTICE GHULAM MOHAMMED & THE HON’BLE SRI JUSTICE C.V. RAMULU WRIT PETITION Nos.1212 & 12094 of 2006 COMMON ORDER: ( per Hon’ble Sri Justice Ghulam Mohammed ) The subject matter in both these writ petitions is connected and, therefore, they are heard together and being disposed of by this common order. The applicant- respondent herein ﬁled OA Nos.5761 of 1995 and 3767 of 2001 against which these writ petition nos.1212 of 2006 and 12094 of 2006 respectively, arise. 2. Suﬃce if facts in WP No.1212 of 2006 are noted. The applicant-respondent herein ﬁled OA No.5761 of 1995 to declare the action of the respondents therein (writ petitioners herein) in issuing proceedings dated 7-10-1995 cancelling the pay ﬁxation of the applicant earlier made as being illegal, arbitrary and contrary to the judgment rendered in connected OA No.2780 of 1994, dated 9-8- 1994. 3. The facts stated are that the applicant joined as Works Inspector in the work charged establishment in 1972 and later promoted as Works Inspector Grade-II in 1985. It is stated that he was appointed by transfer as Tracer in regular establishment by proceedings dated 23-5- 986 and further promoted as Draftsman Grade-III w.e.f. 20-4-1992. It is stated that the Government, as a policy, issued GO Ms.No.238, Irrigation & CAD (Ser.V.1) Department, dated 7-8-1995 to protect the pay of the work charged persons consequent on exercise of option in terms of GO Ms.No.130, dated 18-3-1981 and also Fundamental Rules. It is stated that in terms of GO Ms.No.238, dated 7- 8-1995, the applicant’s pay was ﬁxed in the category of Draftsman Grade-III from 1-6-1992 under FR 22 (B) by proceedings dated 18-5-1995. However, by proceedings dated 7-10-1995, the pay ﬁxation made by proceedings dated 18-5-1995 was cancelled by the petitioners on the ground that his pay was ﬁxed on an erroneous interpretation of the Fundamental Rules. 4. By the impugned order the Tribunal quashed the proceeding dated 7-10-1995 cancelling the pay ﬁxation of the applicant by proceedings dated 18-5-1995. OA No.3767 of 2001 was ﬁled by the applicant seeking to implement the above order passed in OA No.5761 of 1995 and against the order passed in OA No.3767 of 2001, WP No.12094 of 2006 is filed. 5. Heard the learned Government Pleader for Service II and the learned counsel for the respondent. Perused the impugned order. 6. Admittedly, the applicant’s pay was ﬁxed in view of exercise of option under GO Ms.No.130, 18-3-1981 in terms of GO Ms.No.238, dated 7-8-1995 under FR 22(B). The applicant’s pay was ﬁxed when he was appointed by transfer in regular establishment as Tracer in the year 1986, after accepting the option exercised under GO Ms.No.130, dated 18-3-1981. Subsequently, the applicant was promoted to the category of Draftsman Grade-III and the Executive Engineer-2nd petitioner herein ﬁxed his pay in the higher post i.e. Draftsman Grade-III under FR 22 (B) as he was promoted to a substantive post. Inasmuch as the duties and responsibility attached to the post of Draftsman Grade-III are of greater importance than the those attached to the post of Tracer and considering this aspect of the matter, the Tribunal quashed the proceedings dated 7-10-1995 cancelling the pay ﬁxation made by the 2nd respondent by proceedings dated 18-5-1995. 7. In this view of the matter, we do not ﬁnd any merit in the writ petition and it is accordingly dismissed and as a consequence WP No.12094 of 206 is also dismissed. No order as to costs. ______________________ Ghulam Mohammed, J ______________________ C.V. Ramulu, J Dated: 6th September, 2008 Note: Cc in 3 days. (b/o) Nrg. ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{TRK}