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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
CHALLA GUNARANJAN, J.
Bolisetti Manikyal Rao and Others - Appellants
Versus
The State Of Andhra Pradesh and Others - Versus
Writ Petition No.5905 of 2025
Decided on : 26-03-2025
(A) Constitution of India - Articles 14 and 16 - Writ of Mandamus - Claim for minimum time scale of pay and increments by contract employees - Petitioners, appointed as contract workers, claimed equal pay for equal work - Court held that temporary employees are entitled to minimum pay scale and increments as per regular employees - Principle of equal pay for equal work is applicable to temporary employees. (Paras 4, 12, 20, 22)
(B) Equal Pay for Equal Work - The principle is binding under Article 141 and applies to all employees performing similar duties, irrespective of their employment status. (Paras 12, 20)
(C) Contract Employees - The court recognized that contract employees discharging similar duties as regular employees are entitled to the same pay scale and increments. (Paras 10, 20)
Facts of the case:
Petitioners, appointed as contract workers from 2002 to 2010, claimed entitlement to minimum pay scale and increments, arguing they perform the same duties as regular employees.
Findings of Court:
The court found that the petitioners are entitled to the minimum pay scale and annual increments, as they perform the same duties as regular employees.
Issues: Whether contract employees are entitled to minimum pay scale and increments equivalent to regular employees.
Ratio Decidendi: The court ruled that the principle of equal pay for equal work applies to temporary employees, affirming their right to minimum pay and increments.
Result: Writ Petition allowed.
ORDER :
This Writ Petition is filed under Article 226 of theConstitution of India for the following relief/s:-
“…to issue order direction more 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 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 grant minimum of time scale of pay attached to the post in which they are working along with other and pass such order or orders.…”
2. Heard Sri P.R.K. Amarendra Kumar, learned counsel for the petitioners, learned Assistant Government Pleader for Services-I for respondent Nos.1 to 4 and Sri G.Srinivasula Reddy, learned Standing Counsel for respondent No.5.
3. All the petitioners were appointed with respondents in various posts i.e., Attender, Electrician, Sweeper, Pump Operator and public health worker, under the control of 5th respondent, and have been discharging their duties. They were appointed at different points of time from 2002 to 2010. All their appointments were on contract basis and are being continued and extended from time to time. The petitioners claim that they are discharging same duties on par with regular employees and were denied of pay scale attached to those posts.
4. Sri P.R.K.Amarendra Kumar, 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.
5. Learned counsel for the petitioners further placed reliance on the judgment of this Court in P. Khadar Basha vs. State 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.
6. Learned Assistant Government Pleader for Services-I appearing for respondents 1 to 4 submits that the petitioners are working as contract workers with 5th respondent. 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.
7. Learned Assistant 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 moreover 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.
8. This Court has considered the submissions advanced by the learned counsels for the parties and perused the material on record.
9. The petitioners claim is denied by the respondents on the ground that they are only contract emplo
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 similar duties as regular employees are entitled to equal pay, as established by the Supreme Court.
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.
The main legal point established in the judgment is that temporary employees are entitled to the minimum of the pay scale attached to the post without any increments or allowances, based on the princ....
The principle of equal pay for equal work mandates that employees performing similar duties must receive the same remuneration, regardless of their employment status.
The principle of equal pay for equal work mandates that employees performing identical duties must receive the same remuneration, regardless of their employment status.
Temporary employees performing similar duties as regular employees are entitled to equal pay under the principle of 'equal pay for equal work'.
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.
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