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2021 Supreme(AP) 270
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
JOYMALYA BAGCHI, AKULA VENKATA SESHA SAI, JJ.
K. Ramadevi and Others – Appellants
Versus
Commissioner of Intermediate Education, Guntur and Others – Respondents
W.P. No. 5729 of 2019
Decided On : 05-02-2021
Advocate Appeared:
For the Appellant : P.V. Krishnaiah.
Point of law: Pleader for Services submits that Pay Revision, 2015 does not include part-time lecturers and is applicable only to permanent employees. The petitioners had given an undertaking that they are agreeable to refund the excess salary and on such undertaking the benefits of Pay Revision, 2015 had been temporarily extended to them. Hence, they are not entitled to any relief.
Headnote:
Constitution of India,1950 - Articles 14, 16 and 21 - Revised Pay Scales - Considering Second Part of Relief Sought - Erroneous and issue Consequential - Petitioners were Appointed as part-time Lecturers and awarded minimum time scale pay on revision of to part-time lecturers was also revised in - Pay scale was again revised in vide G.O.Ms. - Initially benefit of such pay revision was extended to petitioners for period from - However, same was sought to be recovered by issuing order by Principal of concerned College on direction of Commissioner. - At that stage, petitioners approached Tribunal in O.A. No. seeking following reliefs - Applicants are concerned and further declare action of respondents in not paying salary to applicant in Minimum Time Scale as per revised pay scales of onwards as equally arbitrary, unconstitutional violating Articles 14, 16 and 21 of the Constitution of India and issue consequential directions directing respondents to pay salary to applicants from in Minimum Time Scale as per revised pay scales -
Finding of the court : Nowhere in pleadings before Tribunal did department disclose reasons why revised pay scale of would be denied to part-time lecturers. - Court case that part-time employees had not been extended similar relief in earlier years nor that they performed different nature of work from permanent employee - . Furthermore, they have not assailed order of refund made in light of findings as discussed above - Hence, there is no justification in denying petitioners continuing benefit of revised pay scale - Court Allow writ petition and direct that petitioners shall be paid minimum in time scale of pay as revised by G.O.Ms - petitioners had given an undertaking that they are agreeable to refund excess salary and on such undertaking benefits of Pay Revision, had been temporarily extended to them - Hence, they are not entitled to any relief –
Result :Writ petition shall stand closed.
JUDGMENT :
JOYMALYA BAGCHI, J.
1. Petitioners have approached this Court seeking the following relief:
“.....action of the respondents not paying the Revised Pay Scales of 2015 to the petitioners from June, 2014 till August, 2018 in pursuance of G.O.Ms. No. 46, Finance Department dated 30.4.2015 read with G.O.Ms. No. 142, Finance Department dated 27.8.2018 as arbitrary, illegal, unconstitutional, violating Articles 14, 16 and 21 of the Constitution of India and further declare the orders of the Hon'ble Tribunal dated 12.9.2017 in O.A. No. 3855/2017 insofar it relates to not considering the second part of the relief sought in the O.A. with regard to payment of Revised Pay Scales of 2015 is concerned is equally arbitrary, illegal and erroneous and issue consequential direction directing the respondents to forthwith pay the Revised Pay Scales of 2015 to the petitioners from June, 2014 to August, 2018 in pursuance of G.O.Ms. No. 46, Finance Department dated 30.4.2015 read with G.O.Ms. No. 142, Finance Department dated 27.8.2018 and pass such other orders as the Hon'ble High Court deems fit and proper.”
2. Facts of the case are to the effect that the petitioners were appointed as part-time Lecturers and awarded minimum time scale pay on and from 1992. On revision of the pay scale of lecturers, the minimum time scale of pay to part-time lecturers was also revised in 1993 and 2010. Pay scale was again revised in 2015 vide G.O.Ms. No. 46 dated 30.4.2015. Initially the benefit of such pay revision was extended to the petitioners for the period from 1.7.2015 till 31.3.2016. However, the same was sought to be recovered by issuing order dated 12.9.2016 by the Principal of the concerned College on the direction of the Commissioner. At that stage, the petitioners approached the Tribunal in O.A. No. 3855 of 2016 seeking the following reliefs:
“....declaring the proceedings Rc. No. 10/A/PRC/2015 dated 12.9.2016 issued by the 2nd respondent as arbitrary, illegal, unconstitutional violating Articles 14, 16 and 21 of the Constitution of India as well as violating principles of natural justice and set aside the same insofar as the applicants are concerned and further declare the action of the respondents in not paying the salary to the applicant in the Minimum Time Scale as per the revised pay scales of 2015 from June, 2016 onwards as equally arbitrary, unconstitutional violating Articles 14, 16 and 21 of the Constitution of India and issue consequential directions directing the respondents to pay the salary to the applicants from June, 2016 in the Minimum Time Scale as per the revised pay scales of 2015.”
3. After hearing the parties, the Tribunal came to the findings as follows:
“6. As per the averments and also the admitted facts, the applicants are paid minimum in the time scale of pay attached to the posts of Junior Lecturers for the past more than two decades. Even as per G.O.Ms. No. 166, dated 8.6.1994, the Government itself has decided and extended the benefit of minimum in the time scale of pay to the part-time Lecturers as per the time to time revised scales of 1986 and 1993. Even subsequently, when there was a revision in the year 2010, the same was also extended to the applicants and as a policy whenever there is a revision of pay scales, part-time Lecturers are given minimum in the time scale of pay attached to the posts in the respective categories. Therefore, when the pay scales were revised in the year 2015, the applicants who are working as part-time Lecturers are eligible to draw minimum in the time scale of pay as per the revised pay scales. This Tribunal in similar cases when the part-time Lecturers have prayed for extension of benefit of 2015 scales had allowed the Original Applications directing the respondents to consider and apply revised pay scales of 2015....”
4. In light of the aforesaid findings and relying on the well established principle of ‘equal pay for equal work’ the Tribunal quashed the proceedings dated 12.9.2016 and
