Contract workers appointed before the cut-off date are entitled to minimum pay scales and increments per relevant government orders.

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, dated 28.12.2011 issued by the State Government, the Tiruvur Gram Panchayat had upgraded to Tiruvuru Nagara Panchayat. Thereafter also, the petitioners are working in the same office. They were initially appointed on contract basis for maintenance of pipeline works, electrical motors and maintenance of fogging machine by the Divisional Panchayat Officer. As they are continuing for several years on contract basis, they requested the respondents to extend the benefit of payment of time scale in the light of the Government Orders issued time to time particularly in terms of the G.O.Ms.No.142, Finance (HR.I-Plg. & Policy) Department, dated 27.08.2018. As their request was not considered, they approached this Court by filing the Writ Petition No.5401 of 2020. A learned Single Judge, by order, dated 01.08.2022, allowed the Writ Petition and directed the respondents to grant minimum time scale with annual grade increments to the petitioners, on par with the regular employees, discharging duties corresponding to the respective posts in Gram Panchayat.

5. Aggrieved by the same, the Commissioner Nagar Panchayat, Tiruvuru, Krishna District, preferred the present Appeal.

6. Submissions of the learned counsel for the respondents:

(a) Basing on the counter affidavit filed by the respondents, it is contended that the petitioners are not entitled for minimum time scale as per G.O.Ms.No.142, dated 27.08.2018, and they are not part time employees to extend minimum pay in RPS, 2015 to bring them first time into this scheme prescribed as per G.O.Ms.No.142, dated 27.08.2018.

(b) Learned counsel further submitted that the petitioners are engaged on contract basis as such, they would not fall under any of the categories mentioned in the G.O.Ms.No.142, dated 27.08.2018. The petitioners are migrated to The Andhra Pradesh Corporation for Outsourced Services [in short ‘the APCOS’] for outsourcing service and their services were taken over by the APCOS and payments are made by them and as such, the petitioners are not fall under any category of clause (4) of the G.O.Ms.No.142, dated 27.08.2018 and they are not entitled for the minimum time scale.

(c) Learned counsel further contends that the learned Single Judge erroneously held that the petitioners are entitled for periodical increments as per the Rule 31 (a) of Rule 9 of the A.P. Fundamental Rules, when the case falls under Rule 20 of the Fundamental Rules. Finally, learned counsel submits that the order of the learned Single Judge, is unsustainable under law and sought to set-aside the same by allowing the Writ Appeal.

7. On the other hand, learned counsel for the respondent/Writ Petitioners would submit that the petitioners are working on contract basis from the year 1992 prior to the cut off date i.e. 25.11.1993 and as such, they