The court ruled that the failure to pay minimum time scale to mentors and not creating regular posts was arbitrary, violating the principle of equal pay for equal work.

ORDER

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

“…pleased to grant appropriate relief more in the nature of Writ of Mandamus under Article 226 of the Constitution of India declaring the action of the respondents in not paying to the petitioners Minimum Time Scale attached to the Post of Lecturer in Government Degree Colleges with effect from 01.04.2017 and not creating regular Post of Mentor in the Government Degree Colleges in the State of A.P as arbitrary, illegal, unconstitutional and issue consequential directions directing the respondents to forthwith create regular Post of Mentor in the Government Degree Colleges and consider the cases of the petitioners for absorption as Mentors in the Government Degree Colleges with effect from 01.04.2017 and pay arrears of salary with effect from 01.04.2017 and further direct the respondents to consider the cases of the petitioners for absorption as Lecturers in Government degree colleges and pay to the petitioners Minimum Time Scale attached to the Post of Lecturer in the Government degree colleges on par with other Contract Lecturers/Contract Employees attached to the Post of Government Degree College Lecturers till absorbing the petitioners as Regular Mentors after creation of the Post of Regular Mentor or against the Post of Lecturers in the government degree colleges and pass…”.

2. The case of the petitioners in brief is that the A.P.C.C.E issued a Notification inviting applications for appointment to the post of Mentor in Government Degree Colleges in the State of A.P. The qualification prescribed for the post of Mentor was equivalent to the post of lecturer in Government Degree Colleges. All the petitioners were selected through open competition notification given by the Commissioner of Collegiate Education and the petitioners were appointed by written test followed by interview conducted by committee for such posts. All the petitioners were appointed in the year 2007 onwards for the post of JKC full time mentor and there is no recruitment after 2014 for this post. Initially the authorities used to pay only Rs.8000 per month and the same was continued until 2017. Subsequently, the remuneration was increased from Rs.8000 to Rs.12000 with effect from 01.04.2017 and the authorities used to pay such salary/remuneration through treasury CFMS Head of account ie., on part with other regular employees.

While so, at every revised pay scales, the Government used to increase the salary to the contract lecturers by paying minimum time scale attached to the post of regular lecturers. But, though the mentors are providing more training skills to students than the other contract lecturers, the Government did not increase the remuneration to the members and not paying minimum time scale only on the ground that the post of mentor is not existing in the cadre and whereas the post of lecturer is existing in the cadre. Basing on the proceedings of the 2^nd respondent, dated 30.03.2019, 7 member committee submitted its report on 26.03.2019 recommending for extension of minimum time scale on par with contract lecturers of the Government Degree colleges to the JKC full time mentors on the condition laid down in G.O.Ms.No.12, dated 28.01.2019. The 2^nd respondent has not forwarded the said report to the 1^st respondent and has not implemented the recommendations made by the 7 member committee. Hence, the present Writ Petition is filed.

3. Counter affidavit was filed by Respondent No.2. In the counter affidavit it is stated that the petitioners (Mentors/Full time mentors) are not engaged against sanctioned posts and hence they are not entitled for the benefit of payment attached to any sanctioned post. The mentors are engaged to work in non-sanctioned posts as per their willingness for a contract period of not more than 11 months in an academic year through agreement with the principles of respective colleges. It is further stated in the counter affidavit