HONOURABLE SRI JUSTICE ASHUTOSH MOHUNTA WRIT PETITION No. 15634 of 2004 DATED 13th October, 2011 BETWEEN K.C.Reddy and ors …….Petitioners And The Superintending Engineer, Civil (O&M) circle, Sileru, Vizianagaram District ……Respondent HONOURABLE SRI JUSTICE ASHUTOSH MOHUNTA WRIT PETITION No. 15634 of 2004 ORDER: The petitioner and the husband of the second petitioner were stated to have worked in Balimela Project, which is under joint venture of States of Andhra Pradesh and Orissa for generation and supply of power to both the States. It is stated that the petitioner and husband of the second petitioner ( hereinafter referred to as ‘the workmen’) were terminated from service along with others on 30.06.1979. Questioning the said retrenchment, the workmen and others filed Writ Petition No. 4545 of 1979 and pursuant to the order of this Court in the said Writ Petition; they were absorbed in the service of erstwhile APSEB under BPMS.No.65, dated 30.01.1981. When they were again terminated on 9.12.1985, they filed Writ Petition No. 14463 of 1985, which was allowed by this Court by order dated 13.10.1987 directing the erstwhile APSEB to absorb the workmen and others and pursuant thereto, they were absorbed in service on 7.7.1989. It is further stated that pursuant to the several requests made by the petitioners and similarly situated persons to fix their pay scales from the date of their initial appointment on 30.1.1981, the respondent-Board issued circular dated 7.7.1989 sanctioning fixation benefit with effect from 1.7.1989 instead of 30.1.1981. The grievance of the petitioners is that the issue as regards the extending of benefit of regular scale pay fixation with effect from 30.1.1981 is no more res nova as this Court in Writ Petition No. 14049 of 1997 filed by a similarly situated person, namely, Mr.K.S.Parabrahmam directed the respondent-Board to extend the time scale of pay with effect from 30.01.1981 and pay the arrears thereof payable to him. It is their further case that the Writ Appeal No. 2131 of 1998 filed by the respondent-Board against the order of the learned single judge dated 22.10.1998 in Writ Petition No. 14049 of 1997 was dismissed. Even the Special Leave Petition sought to be filed by the respondent-Board before the Apex Court was also dismissed on 9.4.2001. The respondent-Board filed a counter affidavit stating that the workmen (first petitioner and husband of the second petitioner herein) are not covered under B.P.Ms.No. 65, dated 30.01.1981 and they were accommodated along with others temporarily in the erstwhile APSEB with effect from 1.3.1984 to 30.6.1984 and later as per the respondent-Board Memo dated 9.12.1985 they were relieved. It is further stated that pursuant to the orders of this Court in Writ Petition No.14463 of 1985, they were reinstated on 4.2.1998 and pay scales were extended with effect from 1.7.1989. It is their specific case that in as much as the workmen were absorbed in service with effect from 1.3.1984 only, therefore their claim for fixation of scales with effect from 30.1.1981 does not arise. I have perused the order of the learned single Judge in Writ Petition No. 14049 of 1997, dated 22.10.1998 and the order of the Division Bench of this Court in Writ Appeal No. 2315 of 1998, dated 29.01.1999. I have therefore no hesitation to hold that the petitioners herein also stand on the same footing to that of the petitioner in Writ Petition No. 14049 of 1997 and the decision therein dated 22.10.1998, which was affirmed by the Division Bench of this Court in Writ Appeal No. 2315 of 1998, dated 29.01.1999 squarely covers the issue involved in the Writ Petition. Following the same, I allow the Writ Petition in terms of the decision of the Division Bench of this Court in Writ Appeal No. 2315 of 1998, dated 29.01.1999. The Writ Petition is allowed as prayed for. There shall be o order as to costs. --------------------------------------------- JUSTICE ASHUTOSH MOHUNTA Dated 13th October, 2011. Msnro