B Anjaneyulu vs. The State Of Ap
AI Summary
Get an AI-powered analysis of this court order
Order Issued After Hearing
Purpose:
Admission (Medical And Health)
Before:
Hon'ble Kongara Vijaya Lakshmi
Listed On:
22 Apr 2021
Original Order Copy
Get a certified copy of this order
Order Text
THE HON'BLE SMT JUSTICE KONGARA VIJAYA LAKSHMI
WRIT PETITION No.8674 of 2021
ORDER:
This Writ Petition is filed seeking the following relief:-
"……to issue an order or direction more particularly one in the nature of Writ of MANDAMUS by declaring the action of the respondents in not granting the Minimum Time Scale of pay though the petitioner is working as Gardner-cum-Driver Part Time basis of Last Grade Service though the petitioner is working on an amount of Rs.300/- per day for the last 20 years is illegal, arbitrary and violative of Art 14, 16 and 21 of the Constitution of India and against the Principles of Natural Justice and also contrary to the law laid down by the Hon'ble Supreme Court of India in the case of State of Punjab and others vs Jagit Singh and others reported in 2017(1) SCC P 148; and consequently direct the respondent authorities to consider to pay the minimum pay and allowances to the petitioner by following the judgement of the Hon'ble Supreme Court of India reported in 2017 (1) SCC P 148 with interest with all consequential benefits ……"
-
Heard the learned counsel for the petitioner and the learned Government Pleader for Services-III appearing for the respondents.
-
Case of the petitioner is that he was appointed as Gardener in respondent No.3 - College on 13.2.2000 and worked as such till 30.11.2011. Thereafter, along with the work of Gardener, he was also entrusted with the work of maintenance of Assembly Hall, Driver, maintenance of Animal Home, Anatomy connected works and SPM on payment of Rs.300/- per day. He used to attend other works also which were entrusted by the respondent authorities. As per the judgment of the Apex Court in State of Punjab and
others vs. Jagjit Singh and others<sup>1</sup>, he is entitled to minimum time scale with allowances. Hence, he made a representation dated 27.2.2021 to respondent No.3 to regularize his services and sanction the minimum time scale with allowances but of no use. Hence, he filed the present writ petition.
$4.$ Learned Government Pleader for Services-III submits that appropriate action would be taken on the representation filed by the petitioner on 27.2.2021.
In view of the facts and circumstances of the case, $5.$ respondent No.3 is directed to dispose of the representation, dated 27.2.2021, filed by the petitioner strictly in accordance with law.
Accordingly, the Writ Petition is disposed of. There shall be 6. no order as to costs.
Miscellaneous petitions pending, if any, in this Writ Petition shall stand closed.
JUSTICE KONGARA VIJAYA LAKSHMI
Date: 22.4.2021 $\mathop{\rm AMD}$
$^{1}$ (2017)1 SCC P 148
38
THE HON'BLE SMT JUSTICE KONGARA VIJAYA LAKSHMI
WRIT PETITION No.8674 of 2021
Date : 22.4.2021