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.

JUDGMENT :

BATTU DEVANAND, J.

1. This Writ Appeal is filed against the order, dated 17.11.2022 in W.P.No.2583 of 2020, passed by the learned Single Judge.

2. Heard the learned counsel for the appellants 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 Nandikotkur Grampanchayat, the petitioners were appointed as Water Works, Electricians, Operators etc., in the Nandikotkur Grampanchayat and they have been continuously working for more than ten years without any remarks from the higher authorities. In view of the G.O.Ms.No.577, Municipal Administration & Urban Development (Elec.I) Department, dated 28.12.2011, the services of the petitioners were taken over by the respondent No.4/Nandikotkur Gram Panchayat. Subsequently, vide proceedings in G.O.Ms.No.252, Municipal Administration & Urban Development (G2) Department, dated 06.09.2019, the respondent No.4/Nandikotkur Gram Panchayat had upgraded to Nandikotkur Municipality. Thereafter also, the petitioners are working in the same office. Initially, the petitioners were appointed through the process of selection but subsequently, they are being treated as contract workers by the respondent No.4/Municipality. As the petitioners 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.2583 of 2020. A learned Single Judge, by order, dated 17.11.2022, 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 and Director of Municipal Administration, Krishna District, preferred the present Appeal.

6. Submissions of the learned counsel for the respondent/s:

(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 respondent issued G.O.Ms.No.142, dated 27.08.2018 in terms of the law laid down by the Hon’ble Supreme Court in the case of State of Punjab Vs. Jagjit Singh, AIR 2006 SC 5176 wherein a condition was imposed that those who were appointed prior to 25.11.1993 alone are eligible for the time scale of pay. In view of the same, the order of the learned Single Judge is unsustainable under law and