WP/26563/1999 of N. Satyanarayana Murthy S/o.Satyanarayana Vs The Commissioner, on 23 December 2005

ORDER:

W.P.No.26563 OF 1999

This writ petition questions the action of the respondents in not paying the petitionerthe scale attached to the post of Conductor on par with other conductors whilepaying the same to the juniors of the petitioner, and consequentially seeks adirection to the respondents to pay to the petitioner the scale attached to the post ofConductor under the revised scale along with arrears from the date of his absorption.

In 1987, the petitioner was engaged as contract labour under the 2[nd] respondent. On4-1-1991, he was shifted to the post of Conductor on N.M.R basis. Based on theletter dated 4-10-1993 of the 1[st] respondent, the 2[nd] respondent, regularized the services of thepetitioner as Conductor in the Last Grade Service with pay scale of Rs. 1375-2375,and since then he is continuing as such.

It is the case of the petitioner that the 2[nd] respondent is denying him the scaleattached to the post of Conductor on the pretext that he was regularized in the LastGrade Service. He states that persons whose services were regularized muchsubsequent to the regularization of his services, are being paid higher scale, whichis discriminatory. He states that though pursuant to his representation dated 3-11-1998 Trust Board on 26-11-1998 passed a resolution to pay the scale attached tothe post of Conductor, the respondents are not paying the same, which is illegal andarbitrary. He therefore prays for appropriate directions.

The 2[nd] respondent-Special Grade Deputy Collector and Executive Officer,Sri Veera Venkata Satyanarayana Swamy Devasthanam, Annavaram filed counteraffidavit. The learned Standing Counsel appearing on his behalf, admitted that thepetitioner’s service was regularized in the Last Grade Service along with othersduring 1993. He also admitted that resolution was passed on 26-11-1998 to extendthe scale attached to the post of Conductor to the petitioner. As there are novacancies available, they are not in a position to consider the case of the petitioner.He submitted that as per G.O. Ms. No.888, Revenue, Endowment-I, dated 8-12-2000, the Commissioner alone is competent to fix the cadre strength for theDevasthanam. The establishment charges of the Devasthanam are over and above40% over the assessable income, and whereas as per Section 57 of Act No.30/1987, the establishment shall not cross 30%, and for this reason also, they arenot in a position to consider the case of the petitioner.

Heard the learned counsel for the petitioner and perused the materialavailable on record. Learned Standing Counsel for the Devasthanam and thelearned Government Pleader for Endowments for the official 1[st] respondent arecalled absent.

The writ petition is of the year 1999. The matter is coming up since August,2005. The matter underwent several adjournments, but there is no representation onbehalf of the Devasthanam. The Devasthanam did not dispute the fact that theservices of the petitioner were regularized, and that pursuant to the representation ofthe petitioner, the Trust Board of the Devasthanm, has also passed a resolution on26-11-1998 entitling the petitioner the scale of pay attached to the post of Conductor.The said resolution reads as under:

Conclusion

“On the application dated 3-11-1998 submitted by Sri Nerella Satyanarayana Murthy,Conductor it is submitted that Sri Nerella Satyanarayana Murthy was regularized as Conductorfrom NMR services in Last Grade Scale of Rs.1375-2375. In 1995 four (4) N.M.Rs Conductorswere regularized in the pay scale of Last Grade as per the proceedings of the Commissioner.But the earlier Executive Officer had issued orders granting scale of Rs.1593-3020 only to first2 persons in that 4 person and submitted for ratification of the Commissioner. But the samewas regularized earlier to those persons. Hence, it is reasonable to grant scale of Rs.1595-3020 to the said conductor and the same may be submitted to the Commissioner. Hence, theTrust Board may resolved after discussions.Conductor it is submitted that Sri Nerella Satyanarayana Murthy was regularized as Conductorfrom NMR services in Last Grade Scale of Rs.1375-2375. In 1995 four (4) N.M.Rs Conductorswere regularized in the pay scale of Last Grade as per the proceedings of the Commissioner.But the earlier Executive Officer had issued orders granting scale of Rs.1593-3020 only to first2 persons in that 4 person and submitted for ratification of the Commissioner. But the samewas regularized earlier to those persons. Hence, it is reasonable to grant scale of Rs.1595-3020 to the said conductor and the same may be submitted to the Commissioner. Hence, theTrust Board may resolved after discussions.

Admittedly, based on the above said resolution, the Executive Officer & JointCommissioner, Endowments Department addressed a letter dated 12-3-1999 to theCommissioner of Endowments stating that the petitioner deserves to be extendedthe benefit of pay scale of Conductor at Rs.1595-3020 instead of 1375-2375 as he has already crossed the scale attached to the post of Conductor,and that no extra burden would be cast on the department if the benefit is extended,and that persons juniors to the petitioner, who are working in the same cadre werealready sanctioned the scales of Conductor, and are enjoying the benefit. Despitethe resolution and the letter addressed by the Devasthanam to the Commissioner,no reason is forthcoming from the 1[st] respondent as to why he had not taken anyaction in the matter.

The learned Standing Counsel for the Devasthanam and the learned GovernmentPleader for the 1[st] respondent are not present, and in the absence of any assistancefrom them, having regard to the facts and circumstances of the case, and theadmissions made by the Devasthanam in its counter, I deem it appropriate to allowthe writ petition with the following directions:

The Writ petition is allowed. The 1[st] respondent shall having regard to theresolution passed by the Trust Board and the provisions of Section 57 of Act No.30/1987, re-fix the salary of the petitioner in the scale attached to the post ofConductor at Rs. 1595-3020, with effect from 31-10-1995 and pay the consequentialbenefits flowing from such re-fixation, within a period of three months from the dateof receipt of a copy of this order. No costs.

Date: 23[rd] December, 2005.

GRK

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(N.V. RAMANA, J.)