WP/5934/2021 of D.C.Unnoor Saheb, Vs The State of Andhra Pradesh, on 31 December 2024

ORDER:

The Writ Petitionis filed under Article 226 of the Constitution of India, seeking the following relief; “toissueanorder,directionorWritmoreparticularly one in the nature of Writ of Mandamus or anyother appropriate writ to direct the 2”^' and 3'"' Respondentsto grant and release the I.R.-27% of the basic pay grantedas per G.O.Ms.No.60, Finance (PC and TA) Department,dated 6-7-2019 monetary benefitsw.e.f.1-7-2019 and[the]releasethesametothePetitionerwitharrearsofI.R.benefits and declare the actionof the Respondentsasbeing arbitrary, illegal, unconstitutional and discriminatoryin not granting the I.R.-27% of the basic pay with monetarybenefitsfrom1-7-2019 as per G.O.Ms.No.60,dated6-7-2019”

Conclusion

2. Brief facts of the case are that the petitioner belongs to BC-B Group andpassed P.G. Degree in M.A. in the year 1987 and also passed M.Phil. in theyear1991. Thepetitioner wasinitially appointed asParttimelecturer on01.08.1990at KVR Government DegreeCollegefor WomeninKurnoolDistrict. The respondents right from the year 1990 onwards, every academicyear, issues Memos and direction to all the Principals[to][ continue][ the][ Part][ time]Lecturers in service wherever the regular vacancies are available andif theywere disturbed by posting a regular lecturer or appointed any regular lecturer,the Part time Lecturers were accommodated and continuedin service in theyear existing clear vacancies wherever they were available. At present thepetitioner is continuing in service as part time lecturer at Government Degreepassed P.G. Degree in M.A. in the year 1987 and also passed M.Phil. in theyear1991. Thepetitioner wasinitially appointed asParttimelecturer on01.08.1990at KVR Government DegreeCollegefor WomeninKurnoolDistrict. The respondents right from the year 1990 onwards, every academicyear, issues Memos and direction to all the Principals[to][ continue][ the][ Part][ time]Lecturers in service wherever the regular vacancies are available andif theywere disturbed by posting a regular lecturer or appointed any regular lecturer,the Part time Lecturers were accommodated and continuedin service in theyear existing clear vacancies wherever they were available. At present thepetitioner is continuing in service as part time lecturer at Government Degree College, Srisailam, Kurnool District. The respondents granted minimum payscale vide G.O.Ms.No.166, dated 08.06.1994. Since then, the Petitionerpaywas fixed as per G.O.Ms.No.166 and the same was revised and re-fixed asper the revision of pay scales and the Petitioner pay was sanctioned,as perthe G.O.Ms.No.166 in the minimum pay scale and the pay of the Petitionerwasrevisedandre-fixedasper therevisionof payscalesissuedinG.O.Rt.No.1046, dated 21.12.2006 revising the pay scales, 1999 andit wasfurther revised vide G.O.Rt.No.727, dated 01.09.2007 as per the revision ofpay scales of 2005 and G.O.Ms.No.13, issued on 28.03.2012 granting therevision of pay scales of 2010 were sanctioned to the Petitioner herein and thePetitioner is getting the benefits of the same. The respondents further revisedthepay scalesof 2015vide G.O.Ms.No.46,dated30.04.2015andthemonetary benefits were granted w.e.f 2""^ June, 2014 and the Petitioner wassanctioned with the 2015 PRC. While so, the respondents granted I.R-27% ofthe basic pay with monetary benefits from 01.07.2019 vide G.O.Ms.No.60,dated06.07.2019,forthose whoaregettingPRC-2015.InthesaidG.O.Ms.No.60, I.R. was granted. Hence, the petitioner made representation tothe Principal of Government Degree College, Srisailam, Kurnool District, on26.11.2020 requesting the authorities to release I.R.-27% of the basic pay withmonetary benefits from 01.07.2019 as the petitioner was fully eligible andentitled the I.R. on basic pay and another representation submitted to the 2nd €

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respondent herein on 06.01.2021 through the Principal[of][ Government][ Degree]College, Srisailam,KurnoolDistrict.Further, thePrincipalof GovernmentDegree College, Srisailam, Kurnool District, forwarded[the][ representation][ of]the Petitioner to the 2"'^ Respondent herein vide Rc.No.GDCSLMP/[SPL/2020-]21, dated 7-1-2021. But the 2ndrespondent not releasing theI.R.to thepetitioner. Aggrieved by the same, the present writ[petition][ has][ been][ filed.]

3. Therespondents1and2filedcounteraffidavitdenyingalltheallegations made in the writ petition. It is stated[in][ the][ counter][ affidavit][ that,][ the]Governmentin G.O.Ms.No.221,EducationDepartment,dated20.06.1995,after regularizing the services of eligible part-timelecturers,87part-timelecturers who did notfulfil the conditions of the[said][ G.O.,][ not][ eligible][ for]regularization of their services are also continuedin service on need basis,Whileso,theGovernmenthaveaccordedpermissionvideMemoNo.558/Capital CE-1-1/2012-3, dated 03.05.2012 to continue[87]part-timelecturers in the vacancies availablein Government[Degree][ Colleges]in theState wherever there is need,till the filling up of[all][ the][ vacant][ posts][ by][ the]A.P. Public Service Commission. Thereupon, the Part-time[lecturers][ are][ being]continued every year on the strength of extension ordersissued by theGovernment from time to time. Out of the 87 Part time[Lecturers,][ some][ of]them are retired and at present 41 Part time Lecturers[are][ working][ including]the petitioner and continued every year by drawing[minimum][ of][ time][ scales.]

Further, the Government have issued ordersin G.O.Ms.No.166,Education(C.E-1) Department, dated 08.06.1994 that the part[time][ lecturers][ who][ have]been workingin regular vacanciesor where work justified appointment ofregular lecturers for more than three years by 30.04.1991 or teaching over 16periods per week shall be paid the salary calculated[on][ the][ minimum][ stale][ of]payofRs.1810-3230inRPS1986,Rs.3640-7580inRPS1993plusallowance instead of hourly basis witheffect from[the][ commencement]ofacademic year 1992-93.Itis further statedin the[counter]affidavit that theGovernment has extended the minimum time scale to the part time lecturers ineach pay revisions under state pay scales of 2005,[2010][ and][ 2015]in therespective corresponding pay scale of lecturer. Now the part time Lecturersare drawing the minimum of the Time scale of Rs.40,270/-in the scaleofRs.40270-93780in Revised pay scales 2015 vide G.O.Ms.No.142,[Finance](HR.I-Pig&Policy) Department, dated27.08.2018. The[Government]haveissuedthebenefitof revisedpayscalestothepart timeLecturers,byenhancingthe minimumtimescaleinallthe abovepayrevisions,afterimplementing the pay scales to regular Government Employees[but][ not]inadvance like interim relief as given to the Govt employees. Therefore, prays todismiss the writ petition.

4. FleardMr.P.SrinivasaRao,learnedcounselforthepetitioner,whoappearedvirtuallythroughvideoconferenceandlearnedAssistantappearedvirtuallythroughvideoconferenceandlearnedAssistant Government Pleader for Higher Education appearing for the respondents1and 2 as well as learned Assistant Government Pleader for FinanceandTPlanning appearing for 3^'^ respondent.

5. On hearing, learned counsel for the petitioner whilereiteratingthecontents urged in the writ petition, submits that, the petitioner is entitled to thegap period salary of the every academic year as the respondents made to waittill the continuation orders are passed to continue the part time lecturers, theauthorities are issuing orders every academic year to continue the part timelecturers in service and for issuing the said continuation orders, the part timelecturers have to waittill one month to two months for every academic yearHe further submits that the petitioner has been requesting the respondentstopay the salaries for the waiting period for every academic year in delay incontinuation of the part time lecturers, but the respondents are not taking anyaction to grant the waiting period salary every academic year to the petitioner.He further submits that the petitioner is fully eligible and entitled to receive I.R.27% of the basic pay with monetary benefits w.e.f.01.07.2019 andthendPrincipalalso forwardedhis representation dated 26.11.2020tothe2respondent. But the 2"'^ respondent did not take any action and keeping thesame pending. Therefore, learned counsel for the petitioner requeststhisCourt to pass appropriate orders.

6. Per Contra, learned Assistant Government Pleader while reiterating thecontents made in the counter affidavit, submits that, the Government haveconstitutedH""PayrevisionCommissionin G.O.Ms.No.75GA(sc.A)Department,dated28.05.2018andpendingfinaldecisionontherecommendations of the11*^ PRC, the Government have issued ordersinG.O.Ms.No.60 Finance (PC & TA) Department, dated 06.07.2019 sanctioningInterim relief at the rate of 27% to all the Government Employees, includingthe employees of theLocal Bodies (PR & ULBs) and the GovernmentInstitutions receiving Grants-in-Aid from the Government, and work chargedEmployees and full time contingent employees who are currently drawing payin the Revised scales 2015. The Interim Relief will not be admissible to theContract staff and staff of societies. Autonomous Institutions,Public sectorUndertakings, Part Time Contingent Establishment and all those not coveredunder categories mentioned in the above Para. He further submits that 41 Parttime lecturers are continuingin service on court orders and 717Contractlecturers are working in the department by drawing minimum pay scale oflecturer in Revised pay scales 2015. Moreover, the interim relief sanctioned inG.O.Ms.No.60, Finance Department, dated 06.07.2019 has not been coveredPart time Lecturers. Hence, the interim relief (I.R.) sanctioned by the Govt,vide G.O.Ms.No.60, Finance (PC & TA) Department; dated 06.07.2019 is notapplicable to Part time lecturers workingin Government Degree Colleges.

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Therefore, the petitioners claim is not maintainable, as the Interim relief is notadmissible to the Part time Lecturers of Govt. Degree Colleges, as there areno separate orders issued by the Government extending[the][ similar][ benefit][ to]Part time lecturers. Therefore, learned Assistant Government Pleader prays todismiss the writ petition.

7. Perused the record.

8. On a perusal of the material on record, this Court observedthat, theGovernment issued G.O.Ms.No.60, Finance (PC and TA) Department, datedGovernment issued G.O.Ms.No.60, Finance (PC and TA) Department, dated 06.07.2019, whereinit was mentioned, as follows;

"Inthe reference1st read above,theState Governmenthasrconstituted the 11th Pay Revision Commission (PRC), whichis currentlyseized of the matters relating to the pay and allied matters of the StateGovernmentemployees.Subsequently,theserviceassociationshaverequested for sanction of Interim Relief (IR) pending final decision on therecommendations of the 11th PRC.seized of the matters relating to the pay and allied matters of the StateGovernmentemployees.Subsequently,theserviceassociationshaverequested for sanction of Interim Relief (IR) pending final decision on therecommendations of the 11th PRC.

2. The Government, aftercareful examination of the representationsof the service associations have decided to sanction Interim Relief at therate of (27) % of the basic pay in supersession of[the orders issued][ in][ the]reference second read above. Accordingly, Government hereby sanctionInterim Relief pending the recommendations of the PRC[to][ all][ Government]Employees, including the employees of the Local Bodies (PR and ULBs) andthe Government Institutions receiving Grants-ln-Aid from the Government,and Work Charged Employees and Full-Time Contingent Employees whoare currently drawing pay in the Revised Scales, 2015.of the service associations have decided to sanction Interim Relief at therate of (27) % of the basic pay in supersession of[the orders issued][ in][ the]reference second read above. Accordingly, Government hereby sanctionInterim Relief pending the recommendations of the PRC[to][ all][ Government]Employees, including the employees of the Local Bodies (PR and ULBs) andthe Government Institutions receiving Grants-ln-Aid from the Government,and Work Charged Employees and Full-Time Contingent Employees whoare currently drawing pay in the Revised Scales, 2015.

3. Accordingly, the following orders are issued:

(a) Interim Relief will be paid at the rate of (27) % of the basic paywith monetary benefit from1st July,2019.The InterimReliefisadmissible on Basic Pay as defined under FR 9(21) (a)(1).

(b) The Interim Relief sanctioned above shall be shown[as a][ distinct]element of remuneration which shall be adjusted against any benefitthat may accrue to the employees on account of revision of scales ofpay and other allowances as a result of Government's[decision][ on][ the]Report of the Pay Revision Commissioner.

(c) TheInterimReliefshallbeapplicabletoallGovernmentEmployees, including the Employees of the Local Bodies (PR and ULBs)and the Government institutions receiving Grants-in-Aid[and Work]Charged Employees and Full-Time Contingent Employees[who]arecurrently drawing pay in the Revised Scales, 2015.

(d) The Interim Relief will not be admissible to the Officers of theAndhra Pradesh State Higher Judicial Service,the Andhra PradeshStateJudicialService,AllIndiaServiceOfficers(AIS)andthosedrawing salaries on UGC / AlCTE / ICAR / Government of India Scales,contract staff, and staff af Societies, Autonomous Institutions, PublicSector Undertakings andall thosenotcovered under categoriesmentioned at 'Para-3 c' above.The Interim Relief will[also not]beadmissible to the Part Time Contingent Establishment, (e) The payment on account of Interim Relief involving fractions offifty paisa and above shall be rounded off on the next rupee andfraction of less than fifty paisa shall be ignored,

if)TheInterimReliefsanctionedaboveshallnotcountforcomputationof Dearness Allowance, House Rent Allowance,CityCompensatory Allowance or any other Allowances, Encashment ofleave. Pay Fixation, Pension or Gratuity, etc.,(g) The expenditure on sanction of Interim Relief shall[be][ debited][ to]thedetailedHead"OlO.Salaries-015.InterimRelief"underrespective Major, Minor and Sub heads of Account.

4. All the Departments of Secretariat and Heads of Departments[are]requested to take prompt steps to provide additional funds under therelevant Heads of Account.requested to take prompt steps to provide additional funds under therelevant Heads of Account.

9. Havingregardtothefacts andcircumstancesof the case andonconsidering the submissions of both the learned counsels, it appears that, therespondentsgrantedminimumpayscalevideG.O.Ms.No.166,dated08.06.1994 and the pay of the petitioner was fixed as per G.O.Ms.No.166 andthe same was revised andrefixed asper therevision of pay scalesinG.O.Rt.No.1046, dated 21.12.2006 revising the pay scales[1999][ and]it wasfurther revised vide G.O.Rt.No.727, dated 01.09.2007 and as per the revisionof pay scales of 2005 and G.O.Ms.No.13, issued on 28.03.2012 grantingrevision of pay scales of 2010 were sanctionedto the petitioner andtheconsidering the submissions of both the learned counsels, it appears that, therespondentsgrantedminimumpayscalevideG.O.Ms.No.166,dated08.06.1994 and the pay of the petitioner was fixed as per G.O.Ms.No.166 andthe same was revised andrefixed asper therevision of pay scalesinG.O.Rt.No.1046, dated 21.12.2006 revising the pay scales[1999][ and]it wasfurther revised vide G.O.Rt.No.727, dated 01.09.2007 and as per the revisionof pay scales of 2005 and G.O.Ms.No.13, issued on 28.03.2012 grantingrevision of pay scales of 2010 were sanctionedto the petitioner andthe petitionergettingthebenefitof the same.Further,itappearsthat,therespondentsrevisedpayscalesof2015videG.O.Ms.No.46,dated30.04.2015andthemonetarybenefitsweregrantedwitheffectfrom02.06.2014 and the petitioner was sanctioned with 2015 PRC.[ Thereafter,][ the]G.O.Ms.No.60, dated 06.07.2019 came into force, as[the][ State][ Government]has constituted the 11*^ Pay Revision Commission (PRC), which is currentlyseized of the matters relatingto the pay andalliedmattersof theStateGovernmentemployees.Subsequently,theserviceassociationhaverequestetd for sanction of Interim Relief (IR) pendingfinal decision on11thPRC. The Government have sanctioned Interim Relief at the rate of 27%[ to][ all]'iGovernment Employees, including the employees of the local bodies (PR andULBs) andthe GovernmentInstitutionsreceivingGrants-ln-AidfromtheGovernmentandWorkChargedEmployeesandFull-TimeContingentEmployees who are currently drawing pay in the Revised[Scales,][ 2015.]

10. On a perusalof G.O.Ms.No.60,Finance (PC and TA) Departmentdated 06.07.2019,it appears that, the Government have not stated anywherethatPart-timeLecturersarenotcoveredunderthisG.O.Further,theGovernment is paying revised minimum pay scales to[the][ petitioner] and[ also]the petitioner was sanctioned with 2015 PRC. Flence,[this][ Court][ is][ inclined][ to]allow the writ petition.dated 06.07.2019,it appears that, the Government have not stated anywherethatPart-timeLecturersarenotcoveredunderthisG.O.Further,theGovernment is paying revised minimum pay scales to[the][ petitioner] and[ also]the petitioner was sanctioned with 2015 PRC. Flence,[this][ Court][ is][ inclined][ to]allow the writ petition.

11. Accordingly, the Writ Petition is allowed. The respondents are directedto grant Interim Relief to the petitioner at the rate of 27% of the ba^ic paygranted as per G.O.Ms.No.60,Finance (PC and TA) Department,dated06.07.2019, along with monetary benefits with effect from 01.07.2019 andrelease the same to the petitioner with arrears of I.R. benefits, within a periodof eight (08) weeks from the date of receipt of a copy[of][ this][ order.]

12. There shall be no order as to costs.

13. As a sequel, miscellaneous applications pending,if any,shallstand closed.

To

SD/- N. NAGAMMAASSISTANT REGISTRAR//TRUE COPY//SECfr^:OFFICER

1. TheSpecialSecretary,HigherEducationDepartment,Secretariat,Velagapudi, Amaravathi, Guntur District, Andhra Pradesh State 522 001Velagapudi, Amaravathi, Guntur District, Andhra Pradesh State 522 001

2. TheSpecialCommissionerandDirectorofCollegiateEducation,Government of Andhra Pradesh. ANR Towers, Jammi Chettu Street,Prasadampadu, Vijayawada, State of Andhra Pradesh, Krishna District[ -]522 001Government of Andhra Pradesh. ANR Towers, Jammi Chettu Street,Prasadampadu, Vijayawada, State of Andhra Pradesh, Krishna District[ -]522 001

TF

3. The Special Secretary, Finance and Planning Department, Secretariat,Velagapudi, Amaravathi, Guntur District, Andhra Pradesh State 522 001Velagapudi, Amaravathi, Guntur District, Andhra Pradesh State 522 001

4. One CC to Sri P Srinivasa Rao Advocate [OPUC]

5. Two CCs to GP for Services III, High Court of Andhra Pradesh. [OUT]

Andhra Pradesh.6- I^^^CCs to GP for Higher Education, High Court of of Andhra Pradesh.7- ^o^CCs to GP for Finance & Planning, High Court

8. Three CD Copies

HIGH COURT

DATED :31/12/2024

ORDERWP.No.5934 of 2021

ANO^ffe31 JAN 2025 1Co. Current Section. ^

ALLOWING THE W.P. WITHOUT COSTS