Hyderabad: The Hyderabad High Court held that when an employee rendered service in a department and left it voluntarily for his own advancement, without breaking any rule or condition, he cannot be denied the benefits of service relatable to the former department for the period that he worked.
A division bench comprising Justice PV Sanjay Kumar and Justice M Ganga Rao was dismissing an appeal by Telangana government challenging an order of the AP Administrative Tribunal.
The bench declared that Para 8(ii) (d) of G.O.Ms.No.72 dated September 26, 2002 was not only arbitrary but bereft of logic and rationale.
The para states: “The scales of pay shall however be not applicable to those who have left the services from the Department on their own will/resigned/ opted for relief to join other departments in Central/State/Quasi Government/Private service etc., on or after 1.1.1996 and where AICTE scales of pay, 1996 are not in force.”
A Ramesh Kumar had joined as an associate lecturer in English in the government polytechnic for women, Medak, in 1988 and he left the job in 1997 after his selection for the post of Assistant Audit Officer in the AP Local Fund Audit Service in the direct recruitment undertaken by the AP Public Service Commission. He had moved the APAT after the erstwhile AP government refused to give the benefit of the upward revision of the AICTE pay scales under the above order.
