B. VEERABHADRAIAH Vs. HIGH COURT OF A.P.
LAWS(APH)-1992-2-86
HIGH COURT OF ANDHRA PRADESH
Decided on February 21,1992

B. Veerabhadraiah Appellant
VERSUS
HIGH COURT OF A.P. Respondents

JUDGEMENT

G. Radhakrishna Rao, J. - (1.)The main case that is set up by the petitioner is that since he is working as Presiding Officer of the Labour Court, he is entitled to draw Rs. 5000.00 to 6200.00 with special pay of Rs. 250.00 attached to the post of Chairman-cum-Presiding Officer, Industrial Tribunal-cum-Labour Court. The petitioner's case is that since he is working as Presiding Officer, he is entitled for the same.
(2.)Counter has been filed wherein it has been mentioned in para-3 that as per Revised Pay Scales of 1986, the scale of pay of District and Sessions Judge, Grade-I is Rs. 5600-150-6200 and the scale of pay of District and Sessions Judge, Grade-II is Rs. 358-150-5380. The petitioner was working only as District and Sessions Judge, Grade II but he was posted as Presiding Officer of Labour Court. As per the Special Rules for A.P. State Higher Judicial Service, any District and Sessions Judge, Grade-1 or Grade-II can be posted as Presiding Officer, Labour Court and the District and Sessions Judges who are now working as Presiding Officers of Labour Courts of Visakhapatnam, Guntur, Warangal, Anantapur and Hyderabad including the petitioner are all in the category of District and Sessions Judges Grade-II and their scale of pay is Rs. 3580-150-5380. As the existing scale of pay of Chairman, Industrial Tribunal was shown as Rs. 2500-2750 and the revised scale of Rs. 5000-6200 with a special pay of Rs. 250.00 per month, the High Court has requested the Government to issue clarification. The Government in their G.O. Ms. No. 233, date 29.8.1988 have issued amendment to the Departmental Schedule-II under the heading Industrial Tribunal in Column 5, against Sl. No. 1 which came into effect from 1-7-86 "when the District and Sessions Judge Grade-II or other Judicial Officers of equivalent rank, are appointed to the post they shall draw the pay scale as applicable to the post of District and Sessions Judge, Grade-II or other Judicial Officer of the same rank." The High Court in its letter dated 11.1.89 had informed the Pay and Accounts Officers that all the Presiding Officers of Labour Court are entitled to scale of pay of Rs. 3580-150-5380 but not the scale of pay of District and Sessions Judge, Grade-I. In view of that amendment, it has to be held that even though the District and Sessions Judges, Grade-II who are working as Presiding Officers of Labour Courts are entitled to scale of pay of District and Sessions Judge, Grade-II and not entitled to scale of pay of District and Sessions Judge, Grade-I. The estimate that has been made in the case of the Presiding Officers of Labour Court, will be as District and Sessions Judge, Grade-I. Even with regard to the application of the petitioner for sanction of loan for the purchase of ready built house, it is mentioned in the said application against column 1(d) Rs. 4030.00 as the present pay of the petitioner in the scale of Rs. 3580-150-5380 i.e., District and Sessions Judge, Grade-II scale, though he was actually drawing pay of Rs. 5000.00 per month in the scale of pay of Rs. 5000-150-6200 i.e., the scale of pay of District and Sessions Judge, Grade-I without any authority.
(3.)So, it is affirmed that the person in District and Sessions Judge, Grade-II cadre working as Presiding Officer of Labour Court is entitled for the pay that was drawn by the District and Sessions Judge, Grade-II but not the pay of District and Sessions Judge, Grade-1. The writ petition is, therefore, dismissed. No costs. Petition dismissed.
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