IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE SEVENTEENTH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE C.V.RAMULU WRIT PETITION NO : 20188 of 2008 Between: 1 V.Rambabu S/o.Nuka Raju Andhra Pradesh Social Welfare Residential Educational Institutions School/Junior College, Golugonda, Golugonda Mandal, Visakhapatnam District. 2 S.Kanakam W/o.Applanaidu Andhra Pradesh Social Welfare Residential Educational Institutions School/Junior College, Golugonda, Golugonda Mandal, Visakhapatnam District. 3 M.Tatabai S/o.Veer Raju Andhra Pradesh Social Welfare Residential Educational Institutions School/Junior College, Golugonda, Golugonda Mandal, Visakhapatnam District. ..... PETITIONERS AND 1 Andhra Pradesh Social Welfare Residential Educational Institutions Society, Masab Tank, Hyderabad, Rep. by its Secretary. 2 The Principal, Andhra Pradesh Social Welfare Residential Educational Institutions School/Junior College for Boys, Golugonda, Golugonda Mandal, Visakhapatnam District. .....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, direction, or writ more particularly one in the nature of Writ of Mandamus or any other appropriate writ declaring the action of the respondents in not granting the minimum of Revised Pay Scale-1999 i.e., Rs.2550/- including the minimum of Revision of Pay Scale-2005 at Rs.3850/- w.e.f. 1-4-2005 as illegal, arbitrary and unjust and consequently direct the Respondents to extend the Revised Pay Scales-1999 including the Revised Pay Scales- 2005 with all consequential beneﬁts and pass such other order or orders. Counsel for the Petitioner:MR.G.VIDYASAGAR Counsel for the Respondent No.: MR.K.DURGA PRASAD The Court made the following : ORDER This writ petition is ﬁled seeking a Mandamus declaring the action of the respondents in not granting the minimum time scale of pay in the revised pay scales 2005 i.e. Rs.3,850/- with eﬀect from 01.04.2005 to the petitioners as arbitrary and illegal; and consequently to direct the respondents to implement G.O.(P).No.238 Finance (PC-III) Department, dated 23.09.2005. 2. It is the case of the petitioners that they are working as Attender, Sweeper and Watchman respectively in the 1 st respondent Society’s School/Junior College at Golugonda, Golugonda Mandal, Visaakhapatnam District, with eﬀect from 14.3.1988, 12.10.1989 and 01.09.1989 respectively. Though they are fully qualiﬁed and eligible for regularization of their services, the respondents did not regularize their services, however, extended the minimum time scale of pay as per revised pay scales 1993. While that being so, in pursuance to revision of pay scales in the year 2005, the Government has issued G.O.(P) No.238 dated 23.09.2005 to the eﬀect that minimum of the lower pay scale i.e. Rs.3,850/- should be granted to full time contingent employees. Thereafter, the Society has also issued a circular, dated 07.05.2007, in Rc.No.G2/349/2005, stating that it was decided to allow the minimum of corresponding pay scale in revised pay scales 2005 to the non-teaching/Class IV employees, whose services were not regularized and who were continuing on court orders. Now, the grievance of the petitioners is that, in spite of the above said G.O. and circular, they are not being extended the minimum time scale of pay in revised pay scales 2005, which is arbitrary and illegal. 3. In the facts and circumstances, without expressing any opinion on merits, the respondents are directed to consider the case of the petitioners for extension of minimum time scale of pay in revised pay scales 2005, in the light of G.O.(P).No.238 Finance (PC-III) Department, dated 23.09.2005, read with its Circular, dated 07.05.2007, in Rc.No.G2/349/2005, and pass appropriate orders, as per law, within a period of eight weeks from the date of receipt of a copy of this order, and communicate the same to the petitioners. 4. With the above direction, the writ petition is disposed of. No order as to costs. _________ 17-09-2008 rkk