IN THE HIGH COURT OF JUDICATURE ANDHRA PRADESH

AT HYDERABAD

W.P.No.17151 of 2011
Between:

1. Gadipe Shankar, S/o Veeramallu, aged 58 years,

Occ: Male Sweeper, Uppal Village, Kamalapur Mandal,
Warangal District
___ Petitioner
AND

1. The State of Telangana Rep. by the Principal Secretary,

Finance Department.

2. The State of Telangana Rep. by the Principal Secretary,

Panchayat Raj and Rural Development.

3. The District Collector Warangal Uraban,

Warangal District

4. The District Panachayat Officer, Warangal Uraban,

Warangal District

5. The Panchayat Secretary, Warangal Uraban,

Warangal District

6. The Sarpanch, Uppal Gram Panchayat,

Warangal Uraban, Warangal District
___Respondents
AFFIDAVIT OF PETITIONER

I, Gadipe Shankar, S/o Veeramallu, aged 58 years, occ: Male

Sweeper, Uppal Village, Kamalapur Mandal, Warangal District, do
hereby solemnly affirm and sincerely state on oath as follows.

1. I submit the Petitioner in the above writ petition and as such I am

well acquainted with the facts stated hereunder.

2. I submit that the above writ petition was filed declaring the action
of the Respondents in not enhancing the salaries by revising the pay scale
of the petitioner since 2005, though petitioner is fully eligible for the
enhancement of salary but the respondents for the unknown reasons not
implementing the same as illegal, un-just, arbitrary, discriminatory,
vitiated by mala fides and violative of Articles 14, 16 and 21 of the
Constitution apart from contrary to the Doctrines of Promissory Estoppel

Pg.Corrs: Attestor Deponent

and Legitimate Expectation and consequently direct the Respondents to
continue the petitioners as Mentors till their cases are considered for
regularization as promised by the respondents and pass such other order
or orders as this Hon’ble Court may deem fit and proper in the
circumstances of the case. The said writ petition is pending as on date

3. I submit that I have been working as Male Sweeper in the Uppal

Grampam Panchayat regularly for the last about 39 years. Admittedly I
was selected by the Respondent Gram Panchayat in the year 1981 and was
kept under Probation. Later in the year 1982 Respondent Gram Panchayat
Regularized my services which is evident from the Service Record of
Gram Panchayat Service Book.

4. At the time of my appointment, I was paid Rs.238/- as my monthly.

Subsequently by subsequently it was enhanced to Rs.10,688/- vide PRC
2005 and was also granted all the consequential benefits up to the year
2005.

5. Later in the year 2010, the then Andhra Pradesh Government,

enhanced my salary to about Rs.18,000 from Rs.10,688. But strangely
respondents did not implement the same to me, though the similarly
situated candidates of other Gram Panchayats have been enhanced the
salaries of the appointees like me.

6. Subsequently, another PRC have been announced in the year 2015

and the salaries of the similarly situated candidates were enhanced to
Rs.47,528/-. But strangely, even at this time my salary was not enhanced
nor considered for enhancement without any reason and respondents are
still paying the same Salary which was paid since 2005 and it is being
continued till date.

7. I submit that under this circumstances I made several requests

before the respondents but all his requests went in vain and on 19.02.2021
I made a representation to the Respondents requesting the to consider my
case for the enhancement of salaries but strangely till date I did not
received any response from the Respondents.

Pg.Corrs: Attestor Deponent

8. It is relevant to point out that though the similarly appointed
candidates are being paid the enhanced salaries as the PRC
announcements, I am being neglected to

9. I submit that now, strangely the Respondents, contrary to the PRCs

of the Respondent Government not enhancing the salaries of the
Petitioner, The said action on the part of the respondents is not only
illegal, un-just, arbitrary, discriminatory, vitiated by mala fides and
violative of Articles 14, 16 and 21 of the Constitution but also contrary to
the Doctrines of Promissory Estoppel and Legitimate Expectation.
Petitioner impugned action of the Respondents herein and as such they
are approaching this Hon’ble Court by invoking its extraordinary
jurisdiction under Article 226 of the Constitution of India by filing the
present writ petition.

10. I submit that in spite of the above fact situation, the Respondents,
without going considering my case for enhancement of salary in
accordance with the PRCs of the year 2010, 2015. Hence the balance of
convenience lies in favour of the Petitioners to grant the interim prayer as
prayed for. Otherwise, the petitioners will suffer irreparable loss and
injury.

11. I submit that under the circumstances, I no effective alternative and

efficacious remedy except to invoke the extraordinary jurisdiction of this
Hon'ble Court under Article 226 of the Constitution of India for redressal
of my grievance. I have not filed any writ petition, suit or appeal either
before this Hon'ble Court or before any other court of law or authority for
the reliefs prayed in the writ petition.

12. It is therefore, necessary in the interests of justice that this Hon’ble

Court may be pleased to issue an appropriate writ, order or direction,
more particularly one in the nature of Writ of Mandamus declaring the
action of the Respondents in not enhancing the salary of the petitioner in
accordance with the PRC 2010 and 2015 as illegal, un-just, arbitrary,
discriminatory, vitiated by mala fides and violative of Articles 14, 16 and

Pg.Corrs: Attestor Deponent

21 of the Constitution apart from contrary to the Doctrines of Promissory
Estoppel and Legitimate Expectation and consequently direct the
Respondents to pay the salaries of the petitioner along with all other
consequential benefits in related to the enhancement of salary of the
petitioner and pass such other order or orders as this Hon’ble Court may
deem fit and proper in the circumstances of the case.

13. It is also just and necessary that this Hon’ble Court may be pleased
to direct the respondents to consider the representation of the Petitioner
dt.19.02.2021, pending disposal of the writ petition and pass such other
order or orders as this Hon’ble Court may deem fit and proper in the
circumstances of the case.

Sworn and singed before me on this DEPONENT

the 20th day of June, 2011 at Hyderabad.

Advocate :: Hyderabad

VERIFICATION

I, Gadipe Shankar, the above named petitioner, do hereby declare

that what is stated above in paras 1 to ___ of the affidavit are true and
correct to the best of my knowledge and belief. Hence verified on this the
___ day of _____, 20____ at Hyderabad.

Mr. Kiran Kumar B (17272) DEPONENT

Counsel for the Petitioner

Pg.Corrs: Attestor Deponent