JUDGMENT :

1. Heard Sri M. Srikanth, learned counsel for the petitioners and the learned Government Pleader for Services-II.

This writ petition has been filed for the following reliefs:

“It is hereby prayed that this Hon’ble Court may be pleased to issue a Writ, Order of direction particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not granting the petitioners minimum of time scale of pay attached to the post in which they are working along with increments, as revised from time to time as illegal, arbitrary, discriminatory and violative of Articles 14 and 16 of the Constitution of India as well as the law laid down by the Hon’ble Supreme Court as well as this Hon’ble Court and consequently direct the respondents to immediately grant them minimum of time scale of pay attached to the post in which they are working along with increments as revised from time to time and pass such order or orders may deem fit and proper in the circumstances of the case.”

2. The petitioners, 17 in number, were appointed in Panchyat Raj Department in various posts i.e. Sweeper, Tank Watcher, Fitter, relating to the Sanitation and Public Health from 1992 to 2018 on contract base. Their case is that they are discharging the same duties at par the regular employees but are being paid only fixed remuneration enhanced from time to time and pursuant to the G.O.Ms.No.57, Panchayat Raj Rural Development Department dated 13.02.2019 they are being paid Rs.10,000/- per month. The petitioners claim payment of minimum of pay scale attached to the posts in which they respectively are working with increments.

3. Sri M. Srikanth, learned counsel for the petitioners submitted that the petitioners are so entitled on the principle of equal pay for equal work which has been duly recognized by Hon’ble the Apex Court in State of Punjab vs. Jagjit Singh, 2017(1) SCC 148 with respect to temporary employees as well, including contractual employees.

4. Learned counsel for the petitioner further placed reliance on the judgment of this Court in P. Khadar Basha vs. Stae of Andhra Pradesh, 2017(6) ALD 638, to contend that the petitioners are entitled to grant of annual increments as part of the time scale.

5. Learned Government Pleader for Services-II for the respondents submitted that the petitioners are working as contract workers in various Gram Panchayats of Krishna District. They will be paid wages from availability of the Gram Panchayat general fund only on the financial status of the Gram Panchayats as per the resolution. They are not the regular employees, even though they are discharging same duties.

6. Learned Government Pleader further submitted that the expenditure of the establishment has been increased from 30% to 50% vide G.O.Ms.No.57 Panchayat Raj and Rural Development dated 13.02.2019 for utilizing the services of contract workers in Gram Panchayat, and the Gram Panchayats will resolve to invite the tenders for sanitation, maintenance of public works scheme works and maintenance of street lighting by utilizing the services of number of persons on contract basis for which publication is made in the newspaper and tenders are received. The gram panchayat will approve the lowest tender and the persons employed on contract basis pursuant thereto will be engaged and paid the wages on contract basis. He further submitted that in view of G.O.Ms.No.70 PR&RD dated 29.02.2020, the District Collector, is empowered to sanction the work on contract basis for grant of more than Rs.50,000/- and below Rs.50,000/-, the District Panchayat Officer is so empowered per year and more over the Collector or District Panchayat Officer will not give any sanction order in the name of the person i.e the contract employee, but for the number of persons on contract basis for utilization of their services in Gram Panchayat.

7. I have considered the submissions advanced by the learned counsels for the parties and perused the material on record.

8. The petitioners