Andhra Pradesh High Court
WP/25879/2023 of P H V R TAGORE Vs THE STATE OF AP on 4 February 2026
HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3208] THURSDAY, THE FIFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 25879/2023 Between: 1. P H V R TAGORE, S/O LATE SEETA RAMA RAO, AGED 55 YEARS, OCC. PART
APHC010501292023
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI
(Special Original Jurisdiction)
THURSDAY,THE FIFTH DAY OF FEBRUARY
TWO THOUSAND AND TWENTY SIX
PRESENT
THE HONOURABLE SRI JUSTICE D RAMESH
WRIT PETITION NO: 25879/2023
Between:
1. P H V R TAGORE, S/O LATE SEETA RAMA RAO, AGED 55 YEARS, OCC. PART TIME LAB ATTENDER , GOVT.JUNIOR COLLEGE, KAIKALURU, ELURU DISTRICT.
...PETITIONER
AND
1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, SCHOOL EDUCATION DEPT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT.
2. THE COMMISSIONER OF INTERMEDIATE EDUCATION, STATE OF
A.P. TADEPALLY, GUNTUR DISTRICT.
3. THE REGIONAL JOINT DIRECTOR OF INTERMEDIATE EDUCATION, RAJ AMAHENDRAVARAM,
4. THE PRINCIPAL, GOVERNMENT JUNIOR COLLEGE, KAIKALURU, KRISHNA DISTRICT.
...RESPONDENT(S):
Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents herein in rejecting to grant the Minimum Time Scale to the petitioner in the cadre of Lab. Attender vide impugned Prco.No.EHE05-18021/6/19 Voc-IE, Dated 14-6- 2021 as highly illegal, arbitrary, discrimination and also violative of Art. 14,16
and 21 of Constitution of India and consequentially the Hon'ble Court may pleased to set aside the impugned order dated 14-6-2021 by declaring that the petitioner herein is entitled for Minimum Time Scale as per the settled law and also by taking into consideration G.O.Ms.No.5, Finance (HR.I-Plg and Policy) Department, dated 17-1-2022 and may pass IA NO: 1 OF 2023
Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents herein to pay the Minimum Time Scales of Pay to the petitioner in the present working cadre of Lab Attender on par with others in light of G.O.Ms.No.5, Finance (HR.I-Plg.andPolicy) Department dated 17-1- 2022 pending disposal of Writ Petitioner and may pass Counsel for the Petitioner:
1. M R TAGORE
Counsel for the Respondent(S):
1. GP FOR SERVICES III
THE HONOURABLE SRI JUSTICE D.RAMESH
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ORDER:
The Writ Petition is field under Article 226 of Constitution of India for the following relief: “…to issue a Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents herein in rejecting to grant the Minimum Time Scale to the petitioner in the cadre of Lab. Attender vide impugned Prco.No.EHE05-18021/6/19 Voc-IE, Dated 14- 6-2021 as highly illegal, arbitrary, discrimination and also violative of Art. 14,16 and 21 of Constitution of India and consequentially the Hon'ble Court may pleased to set aside the impugned order dated 14-6-2021 by declaring that the petitioner herein is entitled for Minimum Time Scale as per the settled law and also by taking into consideration G.O.Ms.No.5, Finance (HR.I-Plg and Policy) Department, dated 17-1-2022 and may pass…”
2. The contention of the petitioner is that the petitioner is entitled for benefits under G.O.Ms.No.22 Higher Education (IE.1) Department dated 05.03.2011. The apparatus of the said G.O. reads as follows:
“After careful consideration of the matter, the Government hereby accord permission to allow the corresponding Minimum Time Scale i.e., (Basic + DA) in Revised Pay Scales, 2010 to Vocational Lab Attenders working in Government Junior Colleges in the State without any other benefits as per Revised Pay Scales, 2010, with prospective effect i.e., date of issue of this Order, subject to meeting the additional expenditure within the Budget provision of the Department and extension of Minimum Time Scale shall not confer any right for regularization of their services.”
3. But surprisingly, the respondents have not considered the request of the petitioner and rejected the same vide impugned order dated 14.06.2021 with the following reasons:
“The Government in G.O.Ms.No.69 Higher Education (IE.1) Department dated 03.09.2003 have issued orders that, the Part-Time Lab Attenders in vocational stream who were in service by 25-11-1993, but have not completed 5 years of services were sanctioned consolidated pay of Rs.3300/- per month. Subsequently, the Government in G.O.Ms.No.274, H.E(IE.1) Department, dated 12.11.2008 has accorded permission to grant minimum of the pay scale in Revised Pay Scales, 2005 (basic pay + D.A) to Vocational Lab Attenders who are working before 25.11.1993 in Government Junior College in the State and fulfilled the conditions thereon i.e., who are working before 25.11.1993. He is also not fulfilled conditions prescribed in the said G.O’s and hence he is not eligible for grant of Minimum Time Scale of Pay (MTS).”
4. Learned counsel for the petitioner has contended that after G.O.Ms.No.274 Higher Education (IE.1) Department dated 12.11.2008, the respondents have issued proceedings vide G.O.Ms.No.22 dated 05.03.2011, wherein the authorities of the Government accorded permission to allow the corresponding Minimum Time Scale (Basic + D.A) in Revised Pay Scales, 2010 to Vocational Lab Attenders working in Government Junior Colleges in the State.
5. In the instant case, the petitioner is working as Lab Attender. Hence, he is entitled to benefit which is provided under G.O.Ms.No.22 Higher Education (IE.1) Department, dated 05.03.2011, but owing to some misconception the respondents have considered G.O.Ms.No.274 Higher Education (IE.1) Department, dated 12.11.2008 and rejected the case of the petitioner.
6. Considering the said submissions, the impugned proceedings No.EHE05-18021/6/19 Voc-IE, dated 14.06.2021 is hereby set aside and the matter is remanded to the respondent No.2 to consider the request of the petitioner once again in terms of G.O.Ms.No.22 Higher Education (IE.1) Department, dated 05.03.2011 and pass appropriate orders. The said exercise shall be completed within a period of two (02) months from the date of receipt of a copy of this order.
7. With the above directions, the Writ Petition is disposed of. There shall be no order as to costs.
As a sequel, miscellaneous petitions, pending if any, shall stand closed.
________________________ JUSTICE D.RAMESH
Date: 05.02.2026 M K K
THE HONOURABLE SRI JUSTICE D.RAMESH
WRIT PETITION No.25879 of 2023 Dated: 05.02.2026
M K K