IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY SIXTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.V.S.RAO and THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION No.24174 of 2007 Between: A.P. Judicial Employees Association, rep. by its General Secretary, Sri B. Laxma Reddy, S/o. Late B. Narayan Reddy, Excise Court, L.B. Nagar, Ranga Reddy District. ..... PETITIONER AND 1 The Government of Andhra Pradesh, rep. by its Secretary to Government, Law (L.A. & J-Home Courts -D), Department, Secretariat, Hyderabad. 2 The Government of Andhra Pradesh, rep. by its Secretary to Government Finance (PC - I), Department, Secretariat, Hyderabad. 3 The Registrar (Administration), High Court of Andhra Pradesh High Court Buildings, Hyderabad. 4 The Director of Treasuries and Accounts, A.P. Insurance Buildings, Tilak Road, Abids, Hyderabad. .....RESPONDENTS 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 order or direction, more particularly one in the nature of Writ of Mandamus, to declare the action of the Respondent No.1 in issuing the letter No.28777/Courts/D 1/ 2004, Dated 22.02.2006 by the Government have clarified that, all the employees in Category 2 as on the date of issuance of orders in G.O.Ms.No.129, Law Department, Dated: 12.11.2003 irrespective of promotions or otherwise will be entitled to pay scale of Rs.5,000/- to Rs.10,600/-. When a pay scale is given to an employee he will be entitled to other benefits such as fixation under rule 22 (a) (i) or 22-B of Fundamental Rules. As such issuance of Government Memo No. 12275/272/A1/P.C.I / 2006, dated 23-6-2006 issued by the 2nd Respondent is arbitrary, illegal and against the Constitution of India and consequently direct the respondents to use the word "as absorption of the posts" instead of "merger or inclusive" as it was done in the case of the Grade-I Pandits in Education Department, where fixation of pay under 22-B of Fundamental Rules as they availed the same benefit has to be extended to the employees of the Judicial Department, other wise there is a disparity prevails in-between the departments inthe State in the interest of justice and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner: Sri P.SAI PRASAD Counsel for the Respondents: GP FOR HOME The Court made the following : THE HON'BLE SRI JUSTICE V.V.S.RAO AND THE HON'BLE SRI JUSTICE C.V.RAMULU WRIT PETITION No.24174 of 2007 ORDER: (per Hon’ble Sri Justice C.V.Ramulu) Learned Counsel on either side fairly conceded that the issue that arises for consideration in this Writ Petition is squarely covered by the judgment rendered by this Court in W.P.No.18788 of 2006, dated 20.02.2008. Therefore, this Writ Petition is also liable to be disposed of in terms of the above judgment. In the result, the respondents are directed to effect recovery wherever applicable, in easy installments, not exceeding 10% of the pay of each officer. The Writ Petition is accordingly disposed of. There shall be no order as to costs. ____________ (V.V.S.RAO, J) ______________ (C.V.RAMULU, J) 26.03.2008 vs To 1. The Secretary to Government, Government of Andhra Pradesh, Law (L.A. & J-Home Courts -D), Department, Secretariat, Hyderabad. 2. The Secretary to Government, Government of Andhra Pradesh, Finance (PC - I), Department, Secretariat, Hyderabad. 3. The Registrar (Administration), High Court of Andhra Pradesh High Court Buildings, Hyderabad. 4. The Director of Treasuries and Accounts, A.P. Insurance Buildings, Tilak Road, Abids, Hyderabad. 5. 2CCs to G.P for Home, High Court of A.P., Hyderabad. 6 2CD copies. Form-NIC-OGS/WP{MJA}