The principle of equal pay for equal work and the entitlement to minimum time scale for employees performing duties similar to regular employees were central to the judgment.

ORDER:

This Writ Petition under Article 226 of the Constitution of India is filed for the following relief:-

“……to declare the action of the respondents in not extending the minimum timescale to the petitioner in the cadre of Technical Work Inspector (Civil) in the establishment of Sri Venkateswara Swamy Vari Devasthanam, Dwaraka Tirumala, West Godavari District as bad, illegal, arbitrary and violative of articles 14, 16 & 21 of constitution of India and consequently direct the respondents to extend the minimum time scale to the petitioner and to extend all consequential service and monetary benefits by regularizing his services and pass such order or orders……”

2. Heard the learned counsel for the petitioner and learned Government Pleader appearing for the respondent Nos.1 & 2 and Sri K.Madhava Reddy, learned counsel for respondent No.3.

3. The petitioner is initially appointed in the year 2016 as Technical Work Inspector. Thereafter, due to the work load in the respondent No.3 temple, the petitioner was directed to be paid from PS (Provisional sums or Prime cost) charges as per the Trust Board resolution in Rc.No.E1/1897/2013 dated 21-11-2018 and as per the Resolution No.315 dated 21-11-2018.

4. Accordingly, the petitioner was allowed to maintain the M-Book and permitted to record measurements as per the Trust Board vide resolution dated 10.11.2019. Accordingly, the executive officer has issued proceedings on 22.12.2019 wherein the petitioner was allotted civil works in the cadre of Technical Work Inspector. Thereafter, the Executive Officer has allotted another civil works vide proceedings dated 27.12.2019, 14.02.2020, 27.12.2020 and 14.02.2021.

5. Accordingly, the petitioner is performing his duties assigned to a regular Technical Work Inspector and there is no difference between the duties performed between the petitioner and the regular Technical Work Inspector. Hence, the petitioner is entitled for the minimum time scale as per the law laid down by the Hon’ble Apex Court in Jagjit Singh vs. State of Punjab, 2017(1) SCC 148.

6. After notice the respondent have filed their counter. In counter it is made that the petitioner was appointed in the year 2016 as Technical Work Inspector and thereafter due to work load it was directed to pay from PS charges as per the trust board resolution and presently he has been paid Rs.1,170 per day in the cadre of Technical Work Inspector with effect from 01.12.2018 and thereafter he was allowed to maintain the M-Book and permitted to record measurements as per the trust board resolution. Further the petitioner cannot be considered basing on the judgment of the Hon’ble Apex Court in Jagjit Singh vs. State of Punjab (Refer supra 1), as there is a difference between the nature of the work done by the regular employee, the contract employee and the PS charges employees.

7. Learned counsel for the petitioner has contended that the petitioner is working and discharging his duties like regular employee and accordingly he is entitled for the minimum time sale, as per the observations of the Hon’ble Apex Court in Jagjit Singh vs. State of Punjab (Refer supra 1). To support the contentions the learned counsel for the petitioner has relied on the Para 57 and 58 of the above judgment, which reads as under:-

“57. Having traversed the legal parameters with reference to the application of the principle of equal pay for equal work, in relation to temporary employees (daily-wage employees, adhoc appointees, employees appointed on casual basis, contractual employees and the like), the sole factor that requires our determination is, whether the concerned employees (before this Court), were rendering similar duties and responsibilities, as were being discharged by regular employees, holding the same/corresponding posts. This exercise would require the application of the parameters of the principle of equal pay for equal work summarized by us in paragraph 42 above. However, insofar as the instant aspect of the matter