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ANDHRA PRADESH HIGH COURT AT AMARAVATI
K. Manmadha Rao, J.
Shak Mastan & Ors. – Appellants
Versus
State of Andhra Pradesh & Ors. – Respondents
Writ Petition No. 5401 of 2020
Decided On : 01-08-2022
MINIMUM TIME SCALE - CONTRACTUAL EMPLOYEES - G.O.Ms. NO. 142, DATED 27.8.2018 - INTERPRETATION - Petitioners, contractual employees, sought minimum time scale pay as per G.O.Ms. No. 142, dated 27.8.2018. The court held that contractual employees are entitled to minimum time scale pay with annual grade increments at par with regular employees.
Fact of the Case:
Petitioners, contractual employees in a Gram Panchayat, sought minimum time scale pay as per G.O.Ms. No. 142, dated 27.8.2018. The respondents contended that the petitioners were not entitled to the benefit as they were appointed on a contract basis and not as regular employees.
Finding of the Court:
The court held that the petitioners were entitled to minimum time scale pay with annual grade increments at par with regular employees. The court relied on the judgments in P. Khadar Basha v. State of A.P. and Government of Andhra Pradesh v. S. Nageswara Rao, which held that contractual employees are entitled to equal pay for equal work and are entitled to the same pay scale and benefits as regular employees.
Issues: Whether contractual employees are entitled to minimum time scale pay with annual grade increments at par with regular employees.
Ratio Decidendi: The court held that the petitioners were entitled to minimum time scale pay with annual grade increments at par with regular employees based on the following principles: * Equal pay for equal work is a Constitutional goal. * Contractual employees do similar work and discharge similar functions as regular employees. * The principle of equal pay for equal work bars the State from denying annual grade increments and revised scale of pay to contractual employees.
Final Decision: The court allowed the writ petition and directed the respondents to grant minimum of pay scale with annual grade increments from time to time to the petitioners at par with the regular employees discharging the duties corresponding to their respective posts in Gram Panchayats.
JUDGMENT
Dr. K. Manmadha Rao, J. - This writ petition is filed under Article 226 of the Constitution of India for the following relief:-
'to issue an appropriate writ order or direction more particularly one in the nature of Writ of Mandamus to declare the action of the respondents in not paying the Time Scale in terms of the G.O.Ms. No. 142, dated 27.8.2018 to the petitioners is illegal, arbitrary, unreasonable and violation of principles of natural justice and consequently direct respondents to pay the Time Scale in terms of the G.O.Ms. No. 142 dated 27.8.2018 to the petitioners and to pass such other or further orders.......'
2. The brief facts of the case are that earlier the resolution passed by the Gram Panchayat dated 26.12.1990 in which state that the gram panchayat appointed the petitioners on tender basis on 1.1.1991 to 31.12.1991 the Divisional Panchayat Officer, Nuzvid issued proceedings dated 6.5.1991 and subsequently against the same DPO was issued proceedings and extend the one more year i.e., dated 29.2.1992 and from time to time the same was extending. It is stated that the Government issued. O.Ms. No. 572 dated 28.12.2011 wherein stated that Tiruvur Gram Panchayat in Krishna District has upgraded to Tiruvur Nagar Panchayat. The service certificate also issued by the Commissioner Nagar Panchayat, Tiruvur on 30.4.2012, stating that he is working since 1.1.1991 to till date. Thereafter, the Commissioner of Nagar Panchayat, Tiruvur dated 4.1.2013 in which the petitioners herein mentioned that their date of engagement since 1.1.1991 to till date. Thereafter the petitioners made representation on 12.7.2019 to the 1st respondent and the same is pending.
It is further stated that the 3rd petitioner Syed Saleem Pasha, the gram panchayat passed resolution on 26.12.1990 in which stated that engaging on tender/daily wages, accordingly the DPO issued proceedings dated 30.11.1991 engaging the contract basis for Rs. 650/- per month for the period from 1.10.1991 to 30.09.1992 and thereafter the Commissioner, Nagar Panchayat addressed a letter to Commissioner and Director of Municipal Administration dated 4.1.2013 in which clearly stated that he is working from 31.12.1999 and therefore also he is working as on today discharging his duties and specifically mentioned that 2.1.2000 onwards they are engaging on daily wage basis and also said that the Tiruvur Gram Panchayat is upgraded as Nagar Panchayat and the staff were merged into parent department and the posts are vacant in the Panchayat.
It is also stated that as per G.O.Ms. No. 142, dated 27.8.2018 minimum time scale was given to daily wages/NMR/Full time consolidated pay/Part-time employees who are appointed before the cutoff dated 25.11.1993 and implemented the same. As per respondent authorities statement it clearly and categorically shows that the petitioners herein are working from 1.10.1991 onwards. Earlier the petitioners also have preferred O.A. No. 9209 of 2013 before the A.P. Administrative Tribunal, Hyderabad for minimum time scale post attached to the post of last grade service with all allowances like HRA DA and as revised from time to time to the petitioners with arrears, from the date of completion of 5 years service and also to continue the pay scale with all consequential and monetary and attendant benefits. But the same was dismissed. Thereafter the petitioners made presentation dated 12.7.2019 but the respondents have not taken any action till now. Hence the present writ petition.
3. Counter affidavit is filed by the respondents No. 1 and 3 while denying all the averments made in the petition contended that as per the information furnished by the respondent No. 4, the petitioners were appointed on 20.12.1992 on Contract basis for maintenance of Pipe Line works, Electrical Motors and maintenance of fogging machine by the then Divisional Panchayat Officer. As per the proceedings issued by the Divisional Panchayat Officer, Nuzvid the petitioners were engaged on c
Contractual employees are entitled to minimum time scale pay with annual grade increments at par with regular employees.
Temporary employees are entitled to minimum pay scale and increments equivalent to regular employees under the principle of equal pay for equal work.
Temporary employees performing identical duties to regular workers are entitled to minimum time scale of pay under the principle of Equal Pay for Equal Work.
Temporary employees performing similar duties as regular employees are entitled to equal pay, as established by the Supreme Court.
Contract workers appointed before the cut-off date are entitled to minimum pay scales and increments per relevant government orders.
The court affirmed the entitlement of long-term contract workers to minimum pay scales per government regulations, without strict adherence to arbitrary cut-off dates.
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