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IN THE ANDHRA PRADESH ADMINISTRATIVE TRIBUNAL :: AT
HYDERABAD
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THURSDAY,THE THIRD DAY OF OCTOBER ,TWO THOUSAND
AND THIRTEEN
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::CORAM::
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THE HON'BLE SRI. M.V.P.C SASTRY , MEMBER(ADMIN.)
AND
THE HON'BLE SRI. N JANAKI RAMA RAO, MEMBER(JUDL.)
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O.A.No.7124 of 2013
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BETWEEN:
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1.
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Ch.
Srinivas, S/o. Gopala Krishna Murthy, Aged About 44 Years, School
Assistant, Z.P.High School, Kondakarla, Atchuthapuram Mandal, Visakhapatnam
District, R/o. Kondakarla.
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2.
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R. Venkata
Ramana, S/o. R. Venkayya, Aged About 46 Years, School Assistant, Z.P.High
School, Kondakarla, Atchuthapuram Mandal, Visakhapatnam District,
R/o.
Kondakarla.
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3.
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G. Gopi
Rama Chandra Rao, S/o. Raghu Ramaiah, Aged About 41 Years, School
Assistant, Z.P. High School, M.J.Puram, Atchuthapuram Mandal, Visakhapatnam
District, R/o. Kondakarla.
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4.
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Chinna
Reddy Padmavathi, W/o. A. Venkata Ramana, Aged About 45 Years, Secondary
Grade Teacher, MPP, Kondapalem, Atchuthapuram Mandal, Visakhapatnam
District R/o. Kondapalem,
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5.
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K.
Shailaja, D/o. Bheem Rao, Aged About 45 Years, Secondary Grade Teacher, MPP,
Kondapalem, Atchuthapuram Mandal, Visakhapatnam District, R/o. Kondapalem.
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...APPLICANTS
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(BY MR. P.VEERABHADRA REDDY., ADVOCATE)
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AND
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1.
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The
Government of Andhra Pradesh., rep., by its Principal Secretary, School
Education Dept., Secretariat, Hyderabad-22.
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2.
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The
Government of Andhra Pradesh., rep., by its Principal Secretary, Finance
Department., Secretariat, Hyderabad-22.
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3.
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The
Commissioner & Director of School Education, Andhra Pradesh, Hyderabad.
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4.
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The
Director of Treasures, Govt. of A.P., Hyderabad.
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5.
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The
District Educational Officer, Visakhapatnam District, Visakhapatnam,
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6.
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The Deputy
Director of Treasuries, Visakhapatnam, Visakhapatnam District.
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7.
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The Mandal
Educational Officer, Atchuthapuram Mandai, Visakhapatnam District.
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8.
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The Head
Master, Z.P. High School, Kondakarla,
Atchuthapuram
Mandal, Visakhapatnam District.
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9.
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The Head
Master, Z.P. High School, M.J.Puram, Atchuthapuram Mandal, Visakhapatnam
District.
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...RESPONDENTS
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(BY
GP FOR SCHOOL EDUCATION (SER.) FOR RESPONDENTS No.1,3,5,7 to9)
(BY
GP FOR F & P (SER.) FOR RESPONDENTS No.2,4&6)
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Application
filed under Section 19 of the Administrative Tribunals Act,1985 praying
this Tribunal to declare the impugned action of the respondents in not
fixing their pay at Rs. 4070 in the scale of pay of Rs. 3750-7650 in PRC
1999 by considering the pay of the applicants at Rs. 2075 in PRC 1993 as
illegal, arbitrary, discriminatory and against the Government orders issued
vide G.O.Ms.No.2, dt. 05-01-2009 and the clarification issued Government
Memo N0.8663/Ser.I/2010, dt. 01-07-2010 and in violation of Articles 14 and
16 of the Constitution of India and consequently hold that the applicants
are entitled for fixation of their pay at Rs. 4070 in the scale of pay of
Rs.3750-7650 in PRC 1999 by taking into consideration of applicants pay at
Rs. 2070 in 1993 PRC with all consequential benefits.
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This Original Application having come up
for admission today, the Tribunal made the following:-
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::ORDER::
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O.A. No.7124/2013
[ORAL ORDER AS PER
HON’BLE SHRI M.V.P.C.SASTRY, ADMINISTRATIVE MEMBER ON BEHALF OF THE DIVISION
BENCH]
The applicants have filed
the present O.A., seeking to declare the
action of the respondents in not fixing their pay at Rs.4070/- in the scale
of pay of Rs.3750-7650 in PRC 1999 by considering their pay at Rs.2075 in PRC
1993, as illegal, arbitrary and against the Government orders issued in
G.O.Ms.No.2, dated 05.01.2009 and the clarification issued in Government Memo
No.8663/Ser.I/2010, dated 01.07.2010 and consequently, hold that the
applicants are entitled for fixation of their pay at Rs.4070/- in the scale
of pay of Rs.3750-7650 in PRC 1999 by taking into consideration of applicants
pay at Rs.2070 in 1993 PRC with all consequential benefits.
2. When similar cases came
up for consideration before this Tribunal in O.A.Nos.8337/2010 and batch,
this Tribunal passed an order on 19.12.2012.
The operative portion of the order reads as follows:
“3. The seventh respondent filed counter
in OA.No.8337/2010. Para 3 of the
counter reads as follows:
It was also stated in the said U.O. Note that in the case of the applicants,
the circumstances on the date of option of RPS 1999 were materially changed
by issuing orders in GO.Ms.No.2, Education Department, dated 5.1.2009 i.e.,
retrospectively. Hence the applicants
claim is correct and the School Education Department were requested by the
Finance Department to take action keeping in view of the above rule position.
4. In the light of the admission by the 7th
respondent, the claims of the applicants are correct and the School Education
Department was requested by the Finance Department to take action keeping in
view of the above rule position.
5. In the light of the above facts and
circumstances of the case, O.A.s. are disposed of directing the 3rd
respondent to give instructions to the concerned District Educational Officer
to release the benefits of PRC 1999 by taking into consideration the pay of
the applicants at Rs.2075/- in 1993 PRC and release monitory benefits, within
a period of two months from the date of receipt of a copy of this order.”
3. Since the present case is squarely
covered by the above order, the applicants herein are entitled for the
similar order.
4. The OA is accordingly disposed of directing
the 3rd respondent to give instructions to the concerned District
Educational Officer to release the benefits of PRC 1999 by taking into
consideration the pay of the applicants at Rs.2075/- in 1993 PRC and release
monetary benefits, within a period of two months from the date of receipt of
a copy of this order.
ASSISTANT
REGISTRAR
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*RCS
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