Court affirms that equal remuneration principles demand that government orders must be uniformly implemented, requiring reasoned justifications for any rejection.

ORDER :

SUREPALLI NANDA, J.

Heard Sri Jurispath, learned counsel appearing on behalf of the petitioners, and learned Assistant Government Pleader for Services-I, appearing on behalf of the respondents.

2. The petitioners approached the Court seeking prayer as under:

“…to issue a writ or order or direction, more particularly one in the nature of writ of mandamus declaring the action of the respondents in not paying the remuneration for 12 months to the part time Junior Lecturers (Vocational) working in Government Junior colleges on par with contract Lecturers, by implementing the G.O.Rt.No.95 dated 25.06.2019 is arbitrary, irrational and contrary to the principles of natural justice and Article 14 of the Constitution of India, Consequently, direct the respondents to implement the G.O.Rt.No.95 dated 25.06.2019 by paying the arrears from the date of issuance of the G.O.Rt.No.95 dated 25.06.2019 for 3 years dues to the petitioners and pay regularly 12 months of salary for each academic year, in the interest of justice.”

3. The case of the petitioners, in brief, is that the petitioners are working as Part-time Junior Lecturers (Vocational) in different government junior colleges in the state of Telangana, performing full-time duties and are receiving a salary of Rs.21,600/- per month, which is significantly lower than their counterparts, such as contract lecturers, who are paid Rs.54,000/- per month for identical work. The petitioners contend that despite their continuous service, they have not been paid their salaries for the months of April and May, and their salary is only paid for 10 months a year, unlike contract lecturers who are paid for 12 months as per G.O.Rt.No.222, dated 05.09.2018. The petitioners’ further state that G.O.Rt.No.95, dated 25.06.2019, was issued to extend the same benefits (12 months' salary) to vocational part-time junior lecturers, but despite the said G.O.Rt.No.95 dated 25.06.2019, no action has been taken by respondent No.2 to implement the same in respect of the petitioners herein. The action of the respondents in not implementing the said G.O.Rt.No.95 dated 25.06.2019, is nothing but discriminatory treatment towards the petitioners, amounting to injustice to the petitioners. Aggrieved by the inaction of the respondents, the petitioners have filed the present Writ Petition.

4. PERUSED THE RECORD

5. The counter-affidavit has been filed on behalf of respondent No.2 and in particular, paragraph Nos.11, 12, and 14 of the said counter-affidavit are extracted hereunder:

“11. It is further submitted that, in the light of orders of Government in G.O.Rt.No.95, Higher Education [IE/A1] Department, dated 25.06.2019, the Commissioner of Intermediate Education, Telangana, Hyderabad has submitted to the Government in letter Rc.No.Voc.1/1683/2015, dated 28.10.2019 informing that, the aforesaid orders of the Government could not be implemented as it has become difficult for the Principals of Government Junior Colleges concerned in the State where the Part-time Junior Lecturers in Vocational Stream are working on Hourly Basis who are the Drawing and Disbursing Officer and responsible for payment of remuneration to the above personnel to calculate remuneration on Hourly Basis for the Summer Vacation during which there shall be no class-room instructions provided to the students by these Part- time Junior Lecturers working on Hourly Basis. As per the above orders of the Government, these Part-time Junior Lecturers are paid remuneration only for the period for which they have worked, For the Sundays/Public Holidays and for the summer vacation no remuneration could be paid since they are Part-time Lec