Writ - Railways Department - 30-05-2018 - Care of Y. Kamala Rani

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IN THE HIGH COURT OF JUDICATURE AT HTYDERABAD

For the state of Telangana and the State of Andhra Pradesh

WP.NO. OF 2018
BETWEEN:

1. Union of India, Rep. by the Chairman,


M/o Railways, Railway Board,
Rail Bhavan, New Delhi.

2. The General Manager,


South Central Railway,
Rail Nilayam, Secunderabad.

3. The Principal Chief Personnel Officer,


South Central Railway,
Rail Nilayam, Secunderabad
… Petitioners
AND

1. G. Yesumani, D/o G. Chandrappa,


Aged about 53 years, Occ: Chief Matron,
Office of the Medical Director,
Central Hospital, South Central Railway,
Lallaguda, Secunderabad.

2. K. Padmalatha, W/o K. Bala Bhaskar,


Aged about 46 years, Occ: Chief Matron,
Office of the Medical Director,
Central Hospital, South Central Railway,
Lallaguda, Secunderabad.

3. B.R. Swarnalatha, W/o D. Vikram Kumar,


Aged about 48 years, Occ: Chief Matron,
Office of the Medical Director,
Central Hospital, South Central Railway,
Lallaguda, Secunderabad.

4. Georgina Francis, W/o T.G. Francis,


Aged about 43 years, Occ: Chief Matron,
Office of the Medical Director,
Central Hospital, South Central Railway,
Lallaguda, Secunderabad.

5. P. Shantilatha, D/o Adinarayana Patnaik,


Aged about 40 years, Occ: Chief Matron,
Office of the Medical Director,
Central Hospital, South Central Railway,
Lallaguda, Secunderabad.
6. B. Padmavathi, W/o B.L. Narasimha Rao,
Aged about 43 years, Occ: Chief Matron,
Office of the Medical Director,
Central Hospital, South Central Railway,
Lallaguda, Secunderabad.

7. B. Saimala, W/o B. Venkata Ramana,


Aged about 46 years, Occ: Chief Matron,
Office of the Medical Director,
Central Hospital, South Central Railway,
Lallaguda, Secunderabad.

8. A. Mary Kalyani, D/o Late A.L. Marianna,


Aged about 45 years, Occ: Chief Matron,
Office of the Medical Director,
Central Hospital, South Central Railway,
Lallaguda, Secunderabad.

…Respondents
AFFIDAVIT OF THE PETITIONER

I, _____________ , S/o ______________, Aged about ___


years, Chief Personnel Officer, South Central Railways, Rail Nilayam,
Secunderabad, do hereby solemnly and sincerely affirm and state on
oath as follows.

1. I am the Chief Personnel Officer of the South Central Railways


and petitioner herein and as such well acquainted with the facts of the
case. I am authorized to depose this affidavit on behalf of the Railway
Department.

2. I submit that the present writ petition is filed challenging the


action of the 2nd respondent in issuing the impugned order dt. 19-02-
2018 in OA No.021/01447/2014 directing the respondents therein to fix
the pay of the respondents/applicants on a notional basis in the
upgraded pay scale of Rs.7500-12000/- w.e.f. 01-01-2006 and
thereafter on an actual basis in the pay scale of Rs.9300-34800/- with
grade pay of Rs.4800/-, respondents/applicants shall be paid arrears
w.e.f. the date of filing of the OA as illegal and arbitrary.

3. It is submitted that the contention of the respondents 3 to 10 that


revised scales of Nursing Sisters have been upgraded from Rs.5500-
9000 to Rs.7500-12000/- with grade pay is wrong. As the scale is not
applicable in Railway. As per Railway Bd’s Lr. No.PC-VI/2008 RSRP
dated 22-09-2008 (S.C.No.120/2008) have not merged and kept
independently as mentioned below.

Category Pay Band Pay Corresponding Pay Grade


Band Band Pay
Ch. Matron Rs.7500-11500 PB-3 Rs.15600-39100 5400
Matron Rs.6500-10500
Nursing Rs.5500-9000 PB-2 Rs.9300-34800 4800
Sister
Staff Nurse Rs.5000-8000 PB-2 Rs.9300-34800 4600

All the above categories retained the classification as Group ‘C’ only.

4. It is submitted that the respondents quoted RBE No.103/2008.


This Organization i.e. Railways follows the order/instructions of the
Railway Board only and there are o provisions to compare with other
Central Government Organizations.

5. It is submitted that as per S.C.No.108/2008, initial entry grade of


Staff Nurse in Pay Band is Rs.9300-34800+4600 GP, by 100% direct
recruitment and their initial pay is fixed at Rs.17,140/-
(Rs.4600+12,540/-). In accordance with 6th C.P.C., the Grade Pay
allotted to Nursing cadre are as under:

Category Pay Band Grade Pay


Staff Nurse Rs.9300-34800 Rs.4600/-
Nursing Sister Rs.9300-34800 Rs.4800/-
Ch. Matron Rs.15600-39100 Rs.5400/-

6. It is submitted that as per S.C.No.34/2010(1/4) stepping up of


the basic pay of seniors can be claimed only in the case of those cadres
which have an element of direct recruitment. According to the circular,
staff who are drawing GP of Rs.4600/-, has to been fixed at Rs.17,140/-
as on 01-01-2006. As such the Staff Nurses who are appointed prior
01-01-2006 and promoted as Nursing Sisters are drawing less pay than
their juniors appointed on or after 01-01-2006 in the lower grade of
staff nurse.
7. It is submitted that in this connection, matter when referred to FA
& CAO/SC has advised as under:

“The extent rules of stepping up of pay in terms of Para


1316 (FR 22 C President decision 9(ii) of IREC are not applicable
for stepping up of pay of Nursing Sisters in Grade Pay of
Rs.4800/- on par with their junior Staff Nurses in different
grade pay of Rs.4600/- who are drawing more pay”.

The clarification has been sought from Railway Board vide this Office
letter No.SCR/P-HQ/487/VI CPC dated 24-02-2014 as per the advice of
FA & CAO and the reply has not been received from Board. It is the
case of the respondents 3 to 10 that instead of fixing the pay of the
respondents 3 to 10 in the VI CPC on the basis of the upgraded scale of
Rs.7500/--12000/-, the respondents 2 and 3 therein have fixed the pay
of the respondents 3 to 10 herein with reference to the pay of Rs.5500-
9000/- drawn by them in the V CPC as on 31-12-2005 after adding the
grade pay of Rs.4800/- and after multiplying with the factor of 1.86.
Therefore, the OA filed by the respondents 3 to 10 challenging the
fixation made by the railways. We have filed counter duly admitting the
fact the staff nurses who were appointed and got promotions to the
higher grade as Nursing Sisters prior to 01-01-2006 are drawing lesser
pay than the staff nurses appointed after 01-01-2006 and also further
stated that matter has been referred to railway board for clarification
with regard to the same and the same is pending for consideration and
requested for dismissal of the OA as it is premature. However, the
Hon’ble Tribunal by following the judgements rendered by the various
Tribunals allowed the OA. The Tribunal did not adjudicate the issue
independently and allowed the OA merely followed decisions of their
Tribunals. Since the subject matter of OA involves financial
implications, it ought to have directed the Railway Board to take a
decision in the case and ought not to have directed the Railways to fix
the pay. In view of the impugned order of the Central Administrative
Tribunal, Hyderabad Bench, Hyderabad, the petitioner is constrained to
approach this Hon’ble Court by way of the present writ petition.
8. The petitioner has no other effective and efficacious remedy than

to approach this Hon’ble Court under article 226 of the Constitution of

India.

9. The petitioner has not filed any writ, suit or other proceedings

seeking the same relief now sought in this writ petition.

For the reasons stated above, it is prayed that this Hon’ble Court
may be pleased to issue a writ, order or direction more particularly one
in the nature of Writ of Mandamus declaring the action of the 1st
respondent in issuing the impugned order dt.19-02-2018 in OA
No.021/01447/2014 directing the respondents therein to fix the pay of
the applicants on a notional basis in the upgraded pay scale of Rs.7500-
12000/- w.e.f. 01-01-2006 and thereafter on an actual basis in the pay
scale of Rs.9300-34800/- with grade pay of Rs.4800/-, duly directing
the respondents/petitioners herein to pay the arrears from the date of
filing of the OA, as illegal and arbitrary and consequently set the same
and pass such other order or orders as this Hon’ble Court deems fit and
proper in the interest of justice.

It is further prayed that this Hon’ble Court may be pleased to stay


all further proceedings in OA No.021/01447/2014 dt.19-02-2018
passed by the Central Administrative Tribunal, Hyderabad Bench,
Hyderabad, pending disposal of the above WP and pass such other
order or orders as this Hon’ble court deem fit and proper in the interest
of justice.

Solemnly and sincerely affirmed


On this ___ day of June, 2018
at Hyderabad. In my presence DEPONENT

Before me

ADVOCATE, HYDERABAD
VERIFICATION

I, R. Guruswamy, S/o Subbaiah, Aged about 57 years, Chief

Personnel Officer/HRD, South Central Railways, Rail Nilayam,

Secunderabad, being the petitioner, acquainted with the facts do hereby

verify and state that the contents of paras 1 to 9 etc., of the affidavit

filed in support of the writ petition are true to my personal knowledge

remaining paras are based on legal advice believed to be correct.

Verified at Hyderabad on this ___ day of June, 2018 at


Hyderabad.

Counsel for the Petitioner DEPONENT


MEMORANDUM OF WRIT PETITION
(Under Article 226 of the Constitution of India)
IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE
OF TELANGANA AND THE STATE OF ANDHRA PRADESH
(Special Original Jurisdiction)

W.P.No. of 2018

Between:

1. Union of India, Rep. by the Chairman,


M/o Railways, Railway Board,
Rail Bhavan, New Delhi.

2. The General Manager,


South Central Railway,
Rail Nilayam, Secunderabad.

3. The Principal Chief Personnel Officer,


South Central Railway,
Rail Nilayam, Secunderabad
… Petitioners
AND

1. G. Yesumani, D/o G. Chandrappa,


Aged about 53 years, Occ: Chief Matron,
Office of the Medical Director,
Central Hospital, South Central Railway,
Lallaguda, Secunderabad.

2. K. Padmalatha, W/o K. Bala Bhaskar,


Aged about 46 years, Occ: Chief Matron,
Office of the Medical Director,
Central Hospital, South Central Railway,
Lallaguda, Secunderabad.

3. B.R. Swarnalatha, W/o D. Vikram Kumar,


Aged about 48 years, Occ: Chief Matron,
Office of the Medical Director,
Central Hospital, South Central Railway,
Lallaguda, Secunderabad.

4. Georgina Francis, W/o T.G. Francis,


Aged about 43 years, Occ: Chief Matron,
Office of the Medical Director,
Central Hospital, South Central Railway,
Lallaguda, Secunderabad.

5. P. Shantilatha, D/o Adinarayana Patnaik,


Aged about 40 years, Occ: Chief Matron,
Office of the Medical Director,
Central Hospital, South Central Railway,
Lallaguda, Secunderabad.
6. B. Padmavathi, W/o B.L. Narasimha Rao,
Aged about 43 years, Occ: Chief Matron,
Office of the Medical Director,
Central Hospital, South Central Railway,
Lallaguda, Secunderabad.

7. B. Saimala, W/o B. Venkata Ramana,


Aged about 46 years, Occ: Chief Matron,
Office of the Medical Director,
Central Hospital, South Central Railway,
Lallaguda, Secunderabad.

8. A. Mary Kalyani, D/o Late A.L. Marianna,


Aged about 45 years, Occ: Chief Matron,
Office of the Medical Director,
Central Hospital, South Central Railway,
Lallaguda, Secunderabad
…Respondents

The address of the above named petitioner for the purpose of


service of all notices and process etc., is that of his counsel Y. Kamala
Rani ( ), Advocate, Flat No.308, Mehta Towers, Ashok Nagar,
Hyderabad-500020.

For the reasons stated in the accompanying affidavit, the


petitioner prays that this Hon’ble Court may be pleased to issue a writ,
order or direction more particularly one in the nature of Writ of
Mandamus declaring the action of the 1st respondent in issuing the
impugned order dt.19-02-2018 in OA No.021/01447/2014 directing the
respondents therein to fix the pay of the applicants on a notional basis
in the upgraded pay scale of Rs.7500-12000/- w.e.f. 01-01-2006 and
thereafter on an actual basis in the pay scale of Rs.9300-34800/- with
grade pay of Rs.4800/-, duly directing the respondents/petitioners
herein to pay the arrears from the date of filing of the OA, as illegal and
arbitrary and consequently set the same and pass such other order or
orders as this Hon’ble Court deems fit and proper in the interest of
justice.

HYDERABAD.

Dated:19-06-2018 COUNSEL FOR THE PETITIONERS


HYDERABAD :: DISTRICT

IN THE HIGH COURT OF


JUDICATURE AT HYDERABAD
FOR THE STATE OF TELANGANA AND
THE STATE OF ANDHRA PRADESH

W.P. No. OF 2018

MEMORANDUM OF WRIT
PETITION

Filed by

Y. KAMALA RANI ( )
COUNSEL FOR THE PETITIONERS
MEMORANDUM OF WRIT PETITION MISC. PETITION
(Under. Section 151 of C.P.C)
IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE
OF TELANGANA AND THE STATE OF ANDHRA PRADESH

I.A.No. of 2018
In
W.P.No. of 2018
Between:
1. Union of India, Rep. by the Chairman,
M/o Railways, Railway Board,
Rail Bhavan, New Delhi.

2. The General Manager,


South Central Railway,
Rail Nilayam, Secunderabad.

3. The Principal Chief Personnel Officer,


South Central Railway,
Rail Nilayam, Secunderabad
… Petitioners
AND

1. G. Yesumani, D/o G. Chandrappa,


Aged about 53 years, Occ: Chief Matron,
Office of the Medical Director,
Central Hospital, South Central Railway,
Lallaguda, Secunderabad.

2. K. Padmalatha, W/o K. Bala Bhaskar,


Aged about 46 years, Occ: Chief Matron,
Office of the Medical Director,
Central Hospital, South Central Railway,
Lallaguda, Secunderabad.

3. B.R. Swarnalatha, W/o D. Vikram Kumar,


Aged about 48 years, Occ: Chief Matron,
Office of the Medical Director,
Central Hospital, South Central Railway,
Lallaguda, Secunderabad.

4. Georgina Francis, W/o T.G. Francis,


Aged about 43 years, Occ: Chief Matron,
Office of the Medical Director,
Central Hospital, South Central Railway,
Lallaguda, Secunderabad.

5. P. Shantilatha, D/o Adinarayana Patnaik,


Aged about 40 years, Occ: Chief Matron,
Office of the Medical Director,
Central Hospital, South Central Railway,
Lallaguda, Secunderabad.
6. B. Padmavathi, W/o B.L. Narasimha Rao,
Aged about 43 years, Occ: Chief Matron,
Office of the Medical Director,
Central Hospital, South Central Railway,
Lallaguda, Secunderabad.

7. B. Saimala, W/o B. Venkata Ramana,


Aged about 46 years, Occ: Chief Matron,
Office of the Medical Director,
Central Hospital, South Central Railway,
Lallaguda, Secunderabad.

8. A. Mary Kalyani, D/o Late A.L. Marianna,


Aged about 45 years, Occ: Chief Matron,
Office of the Medical Director,
Central Hospital, South Central Railway,
Lallaguda, Secunderabad
…Respondents

For the reasons stated in the affidavit filed in support of writ

petition, the petitioner herein prays that this Hon’ble Court may be

pleased to stay all further proceedings in OA No.021/01447/2014 dt.19-

02-2018 passed by the Central Administrative Tribunal, Hyderabad

Bench, Hyderabad, pending disposal of the above WP and pass such

other order or orders as this Hon’ble court deem fit and proper in the

interest of justice.

Hyderabad
Date: 19-06-2018 COUNSEL FOR THE PETITIONERS
HYDERABAD DISTRICT

IN THE HIGH COURT OF


JUDICATURE AT HYDERABAD FOR
THE STATE OF TELANGANA AND
THE STATE OF ANDHRA PRADESH

I.A. No. of 2018


in
W.P.No. of 2018

DIRECTION - PETITION

Filed by
Y. KAMALA RANI( ),
COUNSEL FOR THE PETITIONERS
BATTA

1. G. Yesumani, D/o G. Chandrappa,


Aged about 53 years, Occ: Chief Matron,
Office of the Medical Director,
Central Hospital, South Central Railway,
Lallaguda, Secunderabad.

2. K. Padmalatha, W/o K. Bala Bhaskar,


Aged about 46 years, Occ: Chief Matron,
Office of the Medical Director,
Central Hospital, South Central Railway,
Lallaguda, Secunderabad.

3. B.R. Swarnalatha, W/o D. Vikram Kumar,


Aged about 48 years, Occ: Chief Matron,
Office of the Medical Director,
Central Hospital, South Central Railway,
Lallaguda, Secunderabad.

4. Georgina Francis, W/o T.G. Francis,


Aged about 43 years, Occ: Chief Matron,
Office of the Medical Director,
Central Hospital, South Central Railway,
Lallaguda, Secunderabad.

5. P. Shantilatha, D/o Adinarayana Patnaik,


Aged about 40 years, Occ: Chief Matron,
Office of the Medical Director,
Central Hospital, South Central Railway,
Lallaguda, Secunderabad.
6. B. Padmavathi, W/o B.L. Narasimha Rao,
Aged about 43 years, Occ: Chief Matron,
Office of the Medical Director,
Central Hospital, South Central Railway,
Lallaguda, Secunderabad.

7. B. Saimala, W/o B. Venkata Ramana,


Aged about 46 years, Occ: Chief Matron,
Office of the Medical Director,
Central Hospital, South Central Railway,
Lallaguda, Secunderabad.

8. A. Mary Kalyani, D/o Late A.L. Marianna,


Aged about 45 years, Occ: Chief Matron,
Office of the Medical Director,
Central Hospital, South Central Railway,
Lallaguda, Secunderabad

Hyderabad
Date: 19-06-2018 Counsel for the Petitioners
BATTA

1. G. Yesumani, D/o G. Chandrappa,


Aged about 53 years, Occ: Chief Matron,
Office of the Medical Director,
Central Hospital, South Central Railway,
Lallaguda, Secunderabad.

2. K. Padmalatha, W/o K. Bala Bhaskar,


Aged about 46 years, Occ: Chief Matron,
Office of the Medical Director,
Central Hospital, South Central Railway,
Lallaguda, Secunderabad.

3. B.R. Swarnalatha, W/o D. Vikram Kumar,


Aged about 48 years, Occ: Chief Matron,
Office of the Medical Director,
Central Hospital, South Central Railway,
Lallaguda, Secunderabad.

4. Georgina Francis, W/o T.G. Francis,


Aged about 43 years, Occ: Chief Matron,
Office of the Medical Director,
Central Hospital, South Central Railway,
Lallaguda, Secunderabad.

5. P. Shantilatha, D/o Adinarayana Patnaik,


Aged about 40 years, Occ: Chief Matron,
Office of the Medical Director,
Central Hospital, South Central Railway,
Lallaguda, Secunderabad.

6. B. Padmavathi, W/o B.L. Narasimha Rao,


Aged about 43 years, Occ: Chief Matron,
Office of the Medical Director,
Central Hospital, South Central Railway,
Lallaguda, Secunderabad.

7. B. Saimala, W/o B. Venkata Ramana,


Aged about 46 years, Occ: Chief Matron,
Office of the Medical Director,
Central Hospital, South Central Railway,
Lallaguda, Secunderabad.

8. A. Mary Kalyani, D/o Late A.L. Marianna,


Aged about 45 years, Occ: Chief Matron,
Office of the Medical Director,
Central Hospital, South Central Railway,
Lallaguda, Secunderabad

Hyderabad
Date: 19-06-2018 Counsel for the Petitioners
RESPONDENTS ADDRESSES

1. G. Yesumani, D/o G. Chandrappa,


Aged about 53 years, Occ: Chief Matron,
Office of the Medical Director,
Central Hospital, South Central Railway,
Lallaguda, Secunderabad.

2. K. Padmalatha, W/o K. Bala Bhaskar,


Aged about 46 years, Occ: Chief Matron,
Office of the Medical Director,
Central Hospital, South Central Railway,
Lallaguda, Secunderabad.

3. B.R. Swarnalatha, W/o D. Vikram Kumar,


Aged about 48 years, Occ: Chief Matron,
Office of the Medical Director,
Central Hospital, South Central Railway,
Lallaguda, Secunderabad.

4. Georgina Francis, W/o T.G. Francis,


Aged about 43 years, Occ: Chief Matron,
Office of the Medical Director,
Central Hospital, South Central Railway,
Lallaguda, Secunderabad.

5. P. Shantilatha, D/o Adinarayana Patnaik,


Aged about 40 years, Occ: Chief Matron,
Office of the Medical Director,
Central Hospital, South Central Railway,
Lallaguda, Secunderabad.

6. B. Padmavathi, W/o B.L. Narasimha Rao,


Aged about 43 years, Occ: Chief Matron,
Office of the Medical Director,
Central Hospital, South Central Railway,
Lallaguda, Secunderabad.

7. B. Saimala, W/o B. Venkata Ramana,


Aged about 46 years, Occ: Chief Matron,
Office of the Medical Director,
Central Hospital, South Central Railway,
Lallaguda, Secunderabad.

8. A. Mary Kalyani, D/o Late A.L. Marianna,


Aged about 45 years, Occ: Chief Matron,
Office of the Medical Director,
Central Hospital, South Central Railway,
Lallaguda, Secunderabad.
IN THE HIGH COURT OF JUDICATURE AT HYDERABAD
FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH

W.P. NO. OF 2018


Between:
Union of India & others
…Petitioners
And

G. Yesumani, D/o G. Chandrappa,


Aged about 53 years, Occ: Chief Matron,
Office of the Medical Director,
Central Hospital, South Central Railway,
Lallaguda, Secunderabad & others

…Respondents
CHECK LIST FOR WRIT PETITION

S.No. ITEM PAGE CHECKING


REMARKS
No. No. OFFICER'S VERIFICATION

1 2 3 4
5
ORIGINAL SET
1) Proof of Service 1
2) Court Fee Rs. /- 2
3) Writ Petition 3
4) Annexures I & II 4
5) Affidavit 5 to
a) Averment regarding
previous proceedings
(mention Page No.
Page No. )
b) Averment regarding
alternative relief
(mention Page No.
Page No. )
6) Verification Statement
7) Enclosure
8) Material Papers
(Duly Indexed
P.Series/R.Series.) to
9) a)Vakalath Rs. /-
b)Power of Attorney/
Resolution Authorising
to sue if petition is
filed in rep.capacity

10)Sheet containing
Respondent' Addresses
::2::

DUPLICATE SET

11) Writ Petition 3


12) Annexures I & II 4
13) Affidavit 5 to
14) Material Papers to

MISCELLANEOUS SET

15) Batta Rs.


16) Rule Nisi Forms
17) Covers with Postal
Addresses & Ack.Forms
18) Copies of Petition
and Affidavits

(As many as the No.of


the Respondent + 2)

19. WRIT PETITION MISC. PETITION


(Filed for)

Petition

Court Fee Rs.

Batta Rs.

Notice Papers, Covers


with Postal Addresses
and Ack.Forms

Proforma Draft Interim Order

SIGNATURE OF THE SIGNATURE OF THE ADVOCATE


SCRUTINY OFFICER NAME: T. Srinivasa Rao (5194),
L. Srinivas,
Advocates

FOR OFFICE USE ONLY

Respondent Vakalat filed by for Respt.No.

Counter Filed for Respt.No.

Other Miscellaneous Petitions filed


(Writ of Court Orders-Order List (To Produce and or to appear)
IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA
AND THE STATE OF ANDHRA PRADESH
(Special Original Jurisdiction)
day the of two thousand seventeen

WRIT PETITION NO OF 2018


Between:
Union of India & others
…Petitioners
And
1. G. Yesumani, D/o G. Chandrappa,
Aged about 53 years, Occ: Chief Matron,
Office of the Medical Director,
Central Hospital, South Central Railway,
Lallaguda, Secunderabad.

2. K. Padmalatha, W/o K. Bala Bhaskar,


Aged about 46 years, Occ: Chief Matron,
Office of the Medical Director,
Central Hospital, South Central Railway,
Lallaguda, Secunderabad.

3. B.R. Swarnalatha, W/o D. Vikram Kumar,


Aged about 48 years, Occ: Chief Matron,
Office of the Medical Director,
Central Hospital, South Central Railway,
Lallaguda, Secunderabad.

4. Georgina Francis, W/o T.G. Francis,


Aged about 43 years, Occ: Chief Matron,
Office of the Medical Director,
Central Hospital, South Central Railway,
Lallaguda, Secunderabad.

5. P. Shantilatha, D/o Adinarayana Patnaik,


Aged about 40 years, Occ: Chief Matron,
Office of the Medical Director,
Central Hospital, South Central Railway,
Lallaguda, Secunderabad.

6. B. Padmavathi, W/o B.L. Narasimha Rao,


Aged about 43 years, Occ: Chief Matron,
Office of the Medical Director,
Central Hospital, South Central Railway,
Lallaguda, Secunderabad.

7. B. Saimala, W/o B. Venkata Ramana,


Aged about 46 years, Occ: Chief Matron,
Office of the Medical Director,
Central Hospital, South Central Railway,
Lallaguda, Secunderabad.

8. A. Mary Kalyani, D/o Late A.L. Marianna,


Aged about 45 years, Occ: Chief Matron,
Office of the Medical Director,
Central Hospital, South Central Railway,
Lallaguda, Secunderabad.
…Respondents
I, Y. Kamala Rani ( ), Advocate, upon motion this day made in to this Court by
bring of opinion that the record to and touching upon all the matter and contentions
raised in the memorandum of representation petition, a copy of which is annexed
hereto, together with the decision therein should be called for and pursued: IT IS
HEREBY COMMANDED.

1) That you, the aforesaid Respondent No. do sent, of our use in High Court of
Judicature of Andhra Pradesh all and singular the said record and other with all the
things touching the same as fully and perfectly as they have been made by you and
now remain in your custody or power together with this, Rule Nise before the day of
2018 and

That you intend to oppose the petition you the aforesaid Respondent No. do
appear personally OR by Advocate on the day of 2018 at 10-30 A.M.
before the court show cause why this petition should not be complied with and that we
may cause further to be done there on what of right and according to law we shall see
fit to be done.

WITNESS the Hon'ble Chief Justice of High Court of Judicature,


Andhra Pradesh at Hyderabad, this the year two thousand eighteen

Assistant registrar
Hearing Date

RETURN OF THE WRIT OF CERTIORARI ORDER : NISI

(To be endorsed on Writ to appear)

The Process of the Writ of Certiorari where of mention is which made


was served on Respondent This day of
one thousand nine hundred and ninety eight

This should be served urgently on the Respondent


No. and returned to the High Court

(Sd)

writ and rule nise


------------------------------
W.P. No. of 2018

Certified that the required conveyance charges and the process for the
service of the Process have been collected it is requested that English
Translation of the Process Service, Report, it is in Vernacular, my be
sent along with the Rule-Nise returned.

FORM: 8

FORM: 8

RETURN OF THE WRIT OF CERTIORARI ORDER NISI

(TO BE ENDORSED ON WRIT TO PRODUCE)

The process of the Writ of certiorari where of mention is within made


with all things touching the same in the several papers hereto annexed
as within commanded.

The Answer of
The
Respondent here

Date day of 2018


IN THE HIGH COURT OF JUDICATURE AT HYDERABAD
FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH

RUNNING INDEX

W.P.NO. of 2018

Sl.No. Exhibits Description of the Date of Date of Page


paper filing Nos.
document
1. Service Certificate 19-06-2018 19-6-2018 1

2. Court Fee -do- -do- 2

3. Petition -do- -do-

4. Annexure -do- -do-

5. Affidavit & verification -do- -do-

MATERIAL PAPERS

6. Ex.P.1 Copy of the orders 19-02-2018 -do-


passed in OA
No.021//01447/2014
7. Ex.P.2 Copy of the -do-
Illustration chart of
Post Nursing Sister
8. Ex.P.3 Copy of Serial Circular 24-09-2008 -do-
No.119/2008
No.P®418/III
9. -do-
10. Vakalath 19-06-2018 -do-
11. Respondents Address 19-06-2018 -do-

Hyderabad

Date: 19-06-2018 Counsel for the Petitioners


SINGLE / BENCH
SERVICE/NON-SERVICE
DEPT:
Category Code and
Sub-Category Code
Admission Court:
IN THE HIGH COURT OF JUDICATURE
AT HYDERABAD
FOR THE STATE OF TELANGANA AND
THE STATE OF ANDHRA PRADESH
SPECIAL ORIGINAL JURISDICTION
WRIT PETITION
W.P.No. of 2018

Hyderabad DISTRICT

Union of India & others


…Petitioners
Y. Kamala Rani ( )
COUNSEL FOR THE PETITIONERS

NATURE OF APPLICATION
(Under Art 226 of Constitution of India)
Hon’ble Court may be pleased to issue
a writ, order or direction more
particularly one in the nature of Writ
of Mandamus declaring the action of
the 1st respondent in issuing the
impugned order dt.19-02-2018 in OA
No.021/01447/2014 directing the
respondents therein to fix the pay of
the applicants on a notional basis in
the upgraded pay scale of Rs.7500-
12000/- w.e.f. 01-01-2006 and
thereafter on an actual basis in the
pay scale of Rs.9300-34800/- with
grade pay of Rs.4800/-, duly directing
the respondents/petitioners herein to
pay the arrears from the date of filing
of the OA, as illegal and arbitrary and
consequently set the same and pass
such other order or orders as this
Hon’ble Court deems fit and proper in
the interest of justice.

PRESENTED ON 19-06-2018
RE-PRESENTED ON 2018
FILED ON 2018
W.P.M.P.No. 2018
IN THE HIGH COURT OF JUDICATURE
AT HYDERABAD FOR THE STATE OF
TELANGANA AND THE STATE OF
ANDHRA PRADESH

WRIT PETITION MISC. PETITION

I.A.No. of 2018
IN
W.P.No. of 2018

HYDERABAD DISTRICT

Union of India & others


…Petitioners

Y. Kamala Rani( )
COUNSEL FOR THE PETITIONERS

NATURE OF APPLICATION
(Under Section 151 of C.P.C.)

Hon’ble Court may be pleased to stay

all further proceedings in OA

No.021/01447/2014 dt.19-02-2018

passed by the Central Administrative

Tribunal, Hyderabad Bench,

Hyderabad, pending disposal of the

above WP and pass such other order

or orders as this Hon’ble court deem

fit and proper in the interest of

justice.

PRESENTED ON 19-06-2018

RE-PRESENTED ON 2018

FILED ON 2018
IN THE HIGH COURT OF JUDICATURE AT HYDERABAD
FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH

I.A.No. OF 2018 IN W.P. NO OF 2018

Between:

Union of India & others


…Petitioners
And

1. G. Yesumani, D/o G. Chandrappa,


Aged about 53 years, Occ: Chief Matron,
Office of the Medical Director,
Central Hospital, South Central Railway,
Lallaguda, Secunderabad.

2. K. Padmalatha, W/o K. Bala Bhaskar,


Aged about 46 years, Occ: Chief Matron,
Office of the Medical Director,
Central Hospital, South Central Railway,
Lallaguda, Secunderabad.

3. B.R. Swarnalatha, W/o D. Vikram Kumar,


Aged about 48 years, Occ: Chief Matron,
Office of the Medical Director,
Central Hospital, South Central Railway,
Lallaguda, Secunderabad.

4. Georgina Francis, W/o T.G. Francis,


Aged about 43 years, Occ: Chief Matron,
Office of the Medical Director,
Central Hospital, South Central Railway,
Lallaguda, Secunderabad.

5. P. Shantilatha, D/o Adinarayana Patnaik,


Aged about 40 years, Occ: Chief Matron,
Office of the Medical Director,
Central Hospital, South Central Railway,
Lallaguda, Secunderabad.

6. B. Padmavathi, W/o B.L. Narasimha Rao,


Aged about 43 years, Occ: Chief Matron,
Office of the Medical Director,
Central Hospital, South Central Railway,
Lallaguda, Secunderabad.

7. B. Saimala, W/o B. Venkata Ramana,


Aged about 46 years, Occ: Chief Matron,
Office of the Medical Director,
Central Hospital, South Central Railway,
Lallaguda, Secunderabad.

8. A. Mary Kalyani, D/o Late A.L. Marianna,


Aged about 45 years, Occ: Chief Matron,
Office of the Medical Director,
Central Hospital, South Central Railway,
Lallaguda, Secunderabad.
…Respondents
Take Notice that the Appellant /Petitioner (Respondent) has/have

presented a petition to the Court Praying that Under Section 151 of

C.P.C. (AFFIDAVIT AND PETITION ENCLOSED) and that the same will

be heard by the Court on the day 2018.

Notice and Interim Stay has/have been granted by order Court

dated the of 2018 the affidavit of has

been filed in support thereof Dated at Hyderabad this day

2018.

Advocate for Petitioners


IN THE HIGH COURT OF JUDICATURE AT HYDERABAD
FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH

W.P. No. of 2018

CHRONOLOGICAL EVENTS

ANNEXURE – I

Sl. Date Description Page Para


No. No. Nos.
1 19-2-2018 The present writ petition is filed assailing 2
01-1-2006 the order dated 19-02-2018 of Hon’ble
Central Tribunal, Hyderabad rendered in
OA No.021/001447/2014. The Hon’ble
Tribunal directed the respondents in the
OA to fix the pay of the applicants on a
notional basis in the upgraded pay scale
of Rs.7500/--12000/- w.e.f. 01-01-2006
and thereafter on an actual basis in the
pay scale of Rs.9300/--34800/- with
grade pay of Rs.4800/-. It was also
directed that the applicants be paid
arrears the date of filing of the OA. This
shall be done within three months from
the date of receipt of a copy of the
order. I submit that the order of the
Tribunal is illegal, arbitrary and against
law laid down by the Hon’ble supreme
Court in the case of UOI Vs K.V. Rama
Raju & ors (Civil Appeal No.1350/2018)
arising out of SLP © 3315/2018.

2 01-1-2006 The contention of the applicants in the 3


OA is that fixing of the pay of applicants
was wrong, getting less pay and direct
the respondents in the OA to consider
the pay in the pre3-revised pay scale of
V Central Pay Commission (CPC) as
Rs.7500/- as minimum pay and multiply
it with 1.86 factor and there after add
Rs.4800/- grade pay for fixing the pay in
the VI CPC w.e.f. 01-01-2006.

3 Nil The South Central Railway like all the 4


Zonal Railways follow the
orders/instructions of the Ministry of
Railways (Railway Board) and all railway
employees pay scales are governed by
the Railway Servants (Revision of
Pay)000000 Rules 2008 as such there
are no provisions to compare with other
Central Government Organizations.
4 01-01-206 In terms of Rule 8 of RS(RP)00 Rules, 6
208, Section-II of Part ’A’ of the first
schedule indicates the entry level pay in
the Pay Bank at which the pay of direct
recruits to a particular post carrying a
specific grade pay will be fixed on or
after 01-1-2006.

5 Nil The Hon’ble Tribunal by following the 9


judgements rendered by the various
Tribunals allowed the OA. The Tribunal
did not adjudicate the issue
independently and allowed the OA
merely followed decisions of other
Tribunals.

6 02-3-2018 Aggrieved against the order of the 10


Hon’ble Tribunal in OA
No.021/01447/2014 in OA No.020/0077
of 2014, dt. 22-03-2018, the above writ
petition is filed.

ANNEXURE – II

1. Under Article 226 of the Constitution of India.

Hyderabad
Dated: 19-06-2018 Counsel for the petitioners
IN THE HIGH COURT OF JUDICATURE AT HYDERABAD
FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH

W.P. NO OF 2018

Between:

Union of India & others


…Petitioners
And
G. Yesumani, D/o G. Chandrappa,
Aged about 53 years, Occ: Chief Matron,
Office of the Medical Director,
Central Hospital, South Central Railway,
Lallaguda, Secunderabad & others
…Respondents
COURT FEE

HYDERABAD.

Dated 19-06-2018 COUNSEL FOR THE PETITIONERS


HIGH COURT OF JUDICIATE AT HYDERABAD
FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH
Basic information to be furnished in the Writ/Civil/Criminal Cases for NC 1.0

FOR OFFICE USE ONLY


No. Year
Filing No.
(Unregistered)
Main No.
(Registered)
I.
Name of the First Union of India Age:
Petitioner
Name of the First G. Yesumani, Age: 53
Respondent
District Name: Hyderabad Computer Code 5194
Name of the Y. Kamala Rani Bar Council AP/1247/1999
Counsel Enrollment No.

II. Fee paid by: Challan/ Stamps Challan Date: 19-06-2018

Court Fee Rs.


Carbon Copy Rs.
Vakalat Rs.
Batta in Main Case (Process Rs.
fees)
IA (MPs) Rs.
Court Fee
Batta in IA (MPs) Rs.
(Process Fees)
IA (MPs) Rs.
Court Fee
Batta in IA (MPs) (Process Rs.
Fees)
IA (MPs) Rs.
Court Fee
Batta in IA (MPs) Rs.
(Process Fees)
Total Rs.

III. Lower Court Details: (For Civil and Criminal Cases Only)
Case Type Case no. Case Year Order Date Name of the Lower
Court/any other

IV. Enclosures:

Full Cause Title in Separate Sheet:


Main case prayer in Separate Sheet:
IA(s) Prayer in Separate Sheet:
IN THE HIGH COURT OF JUDICATURE AT HTYDERABAD
[For the state of Telangana and the State of Andhra Pradesh]

WP.NO. OF 2018
BETWEEN:-

1. Union of India, Rep. by the Chairman,


M/o Railways, Railway Board,
Rail Bhavan, New Delhi.

2. The General Manager,


South Central Railway,
Rail Nilayam, Secunderabad.

3. The Principal Chief Personnel Officer,


South Central Railway,
Rail Nilayam, Secunderabad
… Petitioners
AND

1. G. Yesumani, D/o G. Chandrappa,


Aged about 53 years, Occ: Chief Matron,
Office of the Medical Director,
Central Hospital, South Central Railway,
Lallaguda, Secunderabad.

2. K. Padmalatha, W/o K. Bala Bhaskar,


Aged about 46 years, Occ: Chief Matron,
Office of the Medical Director,
Central Hospital, South Central Railway,
Lallaguda, Secunderabad.

3. B.R. Swarnalatha, W/o D. Vikram Kumar,


Aged about 48 years, Occ: Chief Matron,
Office of the Medical Director,
Central Hospital, South Central Railway,
Lallaguda, Secunderabad.

4. Georgina Francis, W/o T.G. Francis,


Aged about 43 years, Occ: Chief Matron,
Office of the Medical Director,
Central Hospital, South Central Railway,
Lallaguda, Secunderabad.

5. P. Shantilatha, D/o Adinarayana Patnaik,


Aged about 40 years, Occ: Chief Matron,
Office of the Medical Director,
Central Hospital, South Central Railway,
Lallaguda, Secunderabad.
6. B. Padmavathi, W/o B.L. Narasimha Rao,
Aged about 43 years, Occ: Chief Matron,
Office of the Medical Director,
Central Hospital, South Central Railway,
Lallaguda, Secunderabad.

7. B. Saimala, W/o B. Venkata Ramana,


Aged about 46 years, Occ: Chief Matron,
Office of the Medical Director,
Central Hospital, South Central Railway,
Lallaguda, Secunderabad.

8. A. Mary Kalyani, D/o Late A.L. Marianna,


Aged about 45 years, Occ: Chief Matron,
Office of the Medical Director,
Central Hospital, South Central Railway,
Lallaguda, Secunderabad
…Respondents
Main Prayer:

Hon’ble Court may be pleased to issue a writ, order or direction more

particularly one in the nature of Writ of Mandamus declaring the action

of the 1st respondent in issuing the impugned order dt.19-02-2018 in

OA No.021/01447/2014 directing the respondents therein to fix the pay

of the applicants on a notional basis in the upgraded pay scale of

Rs.7500-12000/- w.e.f. 01-01-2006 and thereafter on an actual basis in

the pay scale of Rs.9300-34800/- with grade pay of Rs.4800/-, duly

directing the respondents/petitioners herein to pay the arrears from the

date of filing of the OA, as illegal and arbitrary and consequently set the

same and pass such other order or orders as this Hon’ble Court deems

fit and proper in the interest of justice.


Interim Prayer:

Hon’ble Court may be pleased to stay all further proceedings in OA

No.021/01447/2014 dt.19-02-2018 passed by the Central

Administrative Tribunal, Hyderabad Bench, Hyderabad, pending disposal

of the above WP and pass such other order or orders as this Hon’ble

court deem fit and proper in the interest of justice.

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