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GOVERNMENT OF ANDHRA PRADESH
ABSTRACT
MA & UD Department –Vijayawada Municipal Corporation – Release of HRA
and Annual Grade increments in the time scale wherein their pay was fixed
and also pay the arrears to Tanuku Nageswara Rao and 8 others in
Vijayawada Municipal Corporation by implementing the orders of APAT in
O.A.No.7335/2010 – Permission accorded – Orders issued.
MUNICIPAL ADMINISTRATION & URBAN DEVELOPMENT (D1) DEPARTMENT
G.O.Rt. No. 405 Dated:30.03.2012
Read the following:
1. From the APAT, Hyderabad orders in O.A.No.7335/2010, dated:
27.10.2010.
2. From the Commissioner & Director of Municipal
Administration, Hyderabad, Lr.Roc.No.15020/2010/M3,
dated:04.05.2011.
3. From the APHC, Hyderabad orders in W.P.No.24130, 24330 and
24344/2011, dated: 30.08.2011.
4. From the Advocate on Record for Government of Andhra Pradesh,
Supreme Court of India Lr. Dated: 14.11.2011.
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O R D E R:
In the reference 1st read above, the Hon’ble APAT in its order dated.
27.10.2010 in O.A.No.7335/2010 filed by Sri.T.Nageswara Rao and 8 others
directed that “to grant HRA and annual grade increments to the applicants
in the time scale wherein their pay was fixed and also to pay the arrears
and further directed to extend the benefit of further pay revision made from
time to time”.
2. In the reference 2nd read above, the Director of Municipal
Administration requested the Government to examine the feasibility to issue
general instructions extend the benefit of payment of minimum time
scale/sanction of increments to the NMRs, who are appointed prior to
25.11.1993 but not completed (5) years of service as on cut of date in the
ULBs subject to condition that it shall not confer any right for regularization
of their services on par with the NMRs of Greater Visakhapatnam Municipal
Corporation, Vijayawada Municipal Corporation Kagaznagar, Bhongir and
Vinukonda to avoid legal complications in the matter.
3. Aggrieved by the order of APAT in O.A.No.7335/2010, Government
have filed W.P.No.24330/2011 before the Hon’ble High Court of A.P. In the
reference 3rd read above, the Hon’ble High Court of Andhra Pradesh in its
common order dismissed the said WP.No.24330/2011 as there are devoid of
any merit.
4. Aggrieved by the orders of the Andhra Pradesh High Court,
Government have filed SLP before the Hon’ble Supreme Court of India in
SLP.No.29963/2011. In the reference 4th read above, the Advocate on
record, for Government of Andhra Pradesh, Supreme Court of India, New
Delhi has enclosed a copy of the order of the Supreme Court of India in
SLP.No.29963/2011, wherein the Hon’ble Supreme Court of India has
passed order that “in view of the order passed by this court in SLP (Civil)
No.6422/2007 on 23.11.2009, the SLPs are dismissed.
5. After careful examination of the matter in consultation with the
advisory Departments and keeping in view of the orders of the Hon’ble
APAT in OA.No.7335/2010 filed by Sri.Tanaku Nageswara Rao and 8 other
NMRs working in Vijayawada Municipal Corporation hereby accord
permission to the Director of Municipal Administration to grant HRA and
annual grade increments to the applicants covered in the said O.A., in the
Contd….2:2:
time scale wherein their pay was fixed and also to pay the arrears and also
extend the benefits of the further pay revision made from time to time.
6. The Director of Municipal Administration shall take action accordingly.
7. This order issues with the concurrence of Finance (PC.III)
Department vide their U.O.NO.35255/799/A1/PC.III/2011, dt.11.01.2012.
(BY ORDER AND IN THE NAME OF THE GOVERNER OF ANDHRA PRADESH)
Dr.VIJAY KUMAR
SECRETARY TO GOVERNMENT
To
The Director of Municipal Administration, Hyderabad.
Copy to:
The Commissioner, Vijayawada Municipal Corporation.
The Government Pleader, for MA UD(S),
APAT, Hyderabad.(for kind information and appraise the
position to the Hon’ble Tribunal)
The MA & UD(G) Dept.
The Finance (PC.III) Dept.
PS to M (MA).
PS to Secretary to CM.
SF/SCs.
// FORWARDED:: BY ORDER //
SECTION OFFICER