Temporary employees are entitled to the minimum of the pay scale attached to the post, without any increments or allowances, as per the judgments of the Supreme Court.

JUDGMENT :

Ravi Nath Tilhari, J.

We have heard Sri P. Anand Surya, learned counsel, representing Sri Kalava Suresh Kumar Reddy, learned counsel for the petitioner and Ms. Y. Mahalakshmi, learned counsel, representing Sri Mahadeva Kanthrigala, learned counsel for the respondent No.1 and perused the material on record.

2. The respondent No.1, A. Srinivasulu, was initially appointed as part-time Attender in the sanctioned post on fixed pay of Rs.1,000/- p.m. in the Chemmumiahpet Gram Panchayat, Kadapa, Kadapa District, which was later on converted and merged into Kadapa Municipal Corporation.

3. The respondent No.1 herein filed O.A.No.7087 of 2010 for direction to the respondents to regularise the services and to sanction the minimum time scale of pay attached to their regular post borne on the last grade service along with the usual allowances with arrears from the date of completion of five (05) years of service and continue to pay the same in future pending the regularization of the services.

4. It was the case of the respondent No.1, before the Tribunal that the Standing Committee of the Kadapa Municipal Corporation passed a resolution No.301, dated 06.06.2009, enhancing the minimum wages from Rs.3,000/- to Rs.4,500/-. It was further submitted that the Government issued several G.Os extending minimum time scale to the daily wage employees/fixed pay employees/temporary employees in other Municipalities/Municipal corporations. He claimed to be similarly situated person and entitled for minimum time scale of pay.

5. The O.A was disposed of by judgment dated 01.08.2013 directing the respondents to sanction and pay the minimum time scale of pay attached to the post of last grade service to the applicants within the specified time.

6. Challenging the order dated 01.08.2013, the present writ petition was filed.

7. Learned counsel for the petitioner submits that minimum time scale could not be granted as the same is interlinked with regularisation where as the respondents in the present case were not regularly recruited nor their services were regularized.

8. Learned counsel for the petitioner however does not dispute that the Government has issued several G.Os extending minimum time scale to the daily wage employees/ fixed pay employees/temporary employees of the Municipalities/Municipal corporations.

9. In Uma Devi vs. State of Karnataka, (2006) 4 SCC 1 on pay parity, it was held that the daily wage earners should be paid wages equal to the salary at the lowest grade of the cadre concerned, but without any allowances. In Jagjit Singh (supra), the Hon’ble Apex Court held that the temporary employees would be entitled to the minimum of the pay scale, of the category to which they belong, but would not be entitled to allowances attached to the posts held by them.

10. In Ram Naresh Rawat vs. Ashwani Roy and others, (2017) 3 SCC 436, the Hon’ble Apex Court referring to Uma Devi (supra) and Jagjit Singh (supra), reiterated that even if the principle of equal pay for equal work is applicable to temporary employees and the pay in the regular pay scale is admissible to such employees, they would be entitled to minimum of the regular pay scale which is attached to the post but without any increments.

11. It is apt to refer paragraphs 15 to 17 of Ram Naresh (supra) as under :

“15. At this stage, reference is made to the aforesaid judgment in the case of Jagjit Singh (supra) for the purpose that even if principle of 'equal pay for equal work' is applicable and the pay in the regular pay-scale is admissible to such employees, these employees would be entitled to minimum of the regular pay-scale and not the increments. This case is taken note of and discussed in Jagjit Singh (supra) in the following manner:

“36. Secretary, State of Karnataka v. Umadevi [(2006) 4 SCC 1], decided by a five-Judge Constitution Bench: Needless to mention, that the main proposition canvassed in the instant judgment, pertained to regularization of government servants, based on the e