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RAVI NATH TILHARI, NYAPATHY VIJAY
Municipal Commissioner, Greater Visakhapatnam Municipal Corporation, Visakhapatnam – Appellant
Versus
Ravi Kumar – Respondent
JUDGMENT :
(Ravi Nath Tilhari, J.) :
1. Heard the learned Additional Advocate General appearing for the appellants and Sri Y. Surya Prasad, learned counsel appearing for the respondents.
2. The Writ Appeal No.778 of 2024 has been filed by the appellants (the respondents in the Writ Petition No.3628 of 2021), challenging the interim order dated 08.05.2023 passed by the learned Single Judge in the Writ Petition.
3. The interim order dated 08.05.2023 passed by the learned Single Judge in W.P.No.3628 of 2021 reads as under:-
This Court has already granted interim direction in W.P.No.18846 of 2018 dated 11.06.2018 by following the judgment of the Hon’ble Apex Court in State of Punjab and others vs. Jagjit Singh and others [(2017) 1 SCC 148] directed the respondents therein to apply the minimum time scale to the employee therein. Hence, there shall be a direction to the respondents herein to apply/pay the minimum time scale.”
4. The learned Additional Advocate General submits that the Counter Affidavit was already filed
The court affirmed the applicability of minimum time scale provisions to outsourcing employees based on precedent, despite the appellants' objections.
Temporary employees performing similar duties as regular employees are entitled to equal pay, as established by the Supreme Court.
Interim orders extended in the presence of parties cannot be vacated automatically under Article 226(3) without a hearing on merit.
The principle of 'equal pay for equal work' applies to temporary employees, but claims for minimum pay must be explicitly made in the writ petitions.
The court affirmed interim orders ensuring the continued employment of petitioners until additional workmen were engaged through an outsourcing agency.
The court allowed the appellant to seek vacating the interim order and stayed the previous order until a specified date.
Part-time employees are entitled to minimum pay under the circular but cannot claim continuation of service until superannuation.
The court established that parties affected by interim orders have the right to seek their vacation, reinforcing the principles of due process and fair representation in legal proceedings.
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