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.

ORDER :

SUREPALLI NANDA, J.

Heard Sri Arvind Kumar Kata, learned counsel appearing on behalf of the petitioners, learned Government Pleader for Finance and Planning, appearing on behalf of respondent No.1, learned Government Pleader for Municipal Administration & Urban Development Department, appearing on behalf of respondent Nos.2 to 4 and Sri Ramesh Chilla, learned Standing Counsel for Shadnagar Municipality, Badangpet, appearing on behalf of respondent No.5.

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

“…to issue a Writ, Order or direction more particularly one in the nature of Writ of Mandamus to declare the action of the respondents in not paying the Minimum regular time scale in the Last Grade service to the petitioners under the principles of Equal pay,Equal work as per the Judgment of the Honble Supreme Court reported in 2017(1) SCC 148 in the state of Punjab and others Verses Jagjitsingh and others as illegal, arbitrary and Un-constitutional and consequently direct the respondents to pay the Minimum regular time scale in the Last Grade service to the petitioners under the principles of Equal pay, Equal work as per the Judgment of the Honble Supreme Court reported in 2017(1) SCC 148 in the state of Punjab and others Verses Jagjit singh with all incidental and consequential benefits duly taking into consideration the length of service put by the petitioners and to pass...”.

3. The case of the petitioners, in brief, as per the averments made in the affidavit filed by the petitioners in support of the present Writ Petition is as under:-

The petitioners were appointed as Bill Collectors in various Gram Panchayats through a valid selection process and the petitioners appointments were approved and salaries were paid to the petitioners based on regular annual permission being given by the District Collector, confirming their continuous service. The petitioners’ appointments were subsequently ratified by the District Collector, Panchayat Raj Wing, and the petitioners continued to work in sanctioned posts in their respective Gram Panchayats without any interruption. Later on, several Gram Panchayats were merged to form Badangpet Nagar Panchayat in 2013, and the petitioners services were taken over by Badangpet Municipality, where the petitioners continued performing the same duties as regular Bill Collectors. Despite working continuously and discharging identical functions, petitioners were not granted with the minimum time scale of pay. Relying on the Hon’ble Supreme Court Judgment, in State of Punjab & Others vs. Jagjit Singh, reported in 2017 (1) SCC 148 , wherein it is categorically held that employees working on daily wage / NMR basis are entitled to minimum time scale of pay on the principle of “Equal Pay for Equal Work”, the petitioners approached this Court by filing the present writ petition.

4. PERUSED THE RECORD

(A) The Relevant portion of the interim order dated 20.02.2023 passed by this Court in W.P.16210 of 2021, is extracted hereunder:

“6. Admit.

Post after ten (10) weeks for hearing.

This matter is coming from 19.07.2021 for filing of counter by the respondents. The Learned Standing Counsel appearing for the respondents took time on several occasions for filing counter, but till today no counter is filed. Today also none appeared for the respondent No.5.

In view of the same, there shall be interim direction to the respondents to pay Minimum regular time scale attached to the post of similar to which the petitioners are rendering their services as per the law declared in the State of Punjab Vs. Jagit Singh and others reported in (2017 SCC (1) 148) , within eight (8) weeks from the date of receipt of copy of this order.”

5. The learned counsel appearing on behalf of the petitioners mainly contends that the subject issue in the present Writ Petition is squarely covered by the order of this Court dated 23.06.2025 passed in W.P.No.6650 of 2018 and also by the order of this Court dated 15.11.2022 passed in W.P