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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
BATTU DEVANAND, A.HARI HARANADHA SARMA
Commissioner – Appellant
Versus
Shaik Mastan – Respondent
| Table of Content |
|---|
| 1. introduction of the writ appeal context (Para 1 , 2 , 3) |
| 2. arguments regarding entitlement to pay scale (Para 4 , 6 , 7) |
| 3. g.o.ms.no.142's provisions on pay scales (Para 8 , 9 , 10) |
| 4. court's reasoning on minimum pay entitlement (Para 11) |
| 5. conclusion and dismissal of writ appeal (Para 12 , 13) |
JUDGMENT :
BATTU DEVANAND, J.
1. This Writ Appeal is filed against the order dated 01.08.2022 in W.P.No.5401 of 2020, passed by the learned Single Judge.
2. Heard the learned counsel for the appellant and the learned counsel for the respondents.
3. The parties in the Appeal will be referred to as they are arrayed in the Writ Petition, for the sake of convenience.
4. Submissions of the learned counsel for the petitioners:
(a) The case of the Writ Petitioners is that as per the resolution passed by the Tiruvur Gram Panchayat, dated 26.12.1990, the petitioners were appointed on tender basis on 01.01.1991 to 31.12.1991, by the Divisional Panchayat Officer, dated 26.12.1990. Subsequently, vide proceedings, dated 29.02.1992, the Divisional Panchayat Officer extended the same for a period of one (01) year and thereafter, it was extended from time to time.
(b) As per the G.O.Ms.No.572, da
Contract workers appointed before the cut-off date are entitled to minimum pay scales and increments per relevant government orders.
The court affirmed the entitlement of long-term contract workers to minimum pay scales per government regulations, without strict adherence to arbitrary cut-off dates.
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.
Temporary employees performing similar duties as regular employees are entitled to equal pay, as established by the Supreme Court.
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.
Temporary employees are entitled to minimum pay scale and increments equivalent to regular employees under the principle of equal pay for equal work.
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