Part-time employees are entitled to minimum pay but not to increments or allowances equal to regular staff due to lack of compliance with formal employment rules.

JUDGMENT: ((Per Hon’ble Sri Justice A. Hari Haranadha Sarma)

Introductory:-

This Writ Appeal is directed against the Order dated 29.10.2024 passed by the learned Single Judge of this Court in W.P.No.2351 of 2020.

2. The appellants are the respondents 1 to 23 in the Writ Petition. The respondents No.1 to 16 herein are the writ petitioners.

3. The writ petition was filed seeking Writ of Mandamus declaring the action of the respondents in not releasing the annual grade increments and HRA from the date of payment of minimum times scale extended as per G.O.Ms.No.352 Education (I E 1) Department, dated 01.10.1994 along with arrears as illegal, arbitrary, unconstitutional and violation of Articles 14, 16 and 21 of the Constitution of India and consequently direct the respondents to release annual grade increments and HRA from the date of payment of minimum time scale extended as per the said G.O..

4. The writ petition was allowed vide orders dated 29.10.2024. Aggrieved by the same, present appeal is filed.

5. Heard learned counsel appearing on both sides.

6. For the sake of convenience, parties are hereinafter referred to as the writ petitioners and the respondents, as and how they are referred in the impugned orders.

Case of the Writ Petitioners:-

7. [i] All the writ petitioners are working as part time Junior lecturers in full time sanctioned posts of vocational courses in various government Junior Colleges and all of them were appointed prior to 25.11.2019 on part time basis. They are possessing requisite educational and technical qualifications for appointment to the post of lecturer in Junior Colleges. The details of the appointment, number of years of service, writ petitioner wise are as follows:-

[ii] The writ petitioners are engaged for total working hours in their respective colleges and their services were utilised continuously throughout the academic year for imparting education/training to the students and they are paid for full month. They worked as invigilators, internal examiners and they were sent to other colleges as external examiners and department officers. Accordingly, they are entrusted with duties on par with the regular lectures and treated as regular lectures for all purposes except payment of salary. There are 1248 regular posts in vocational courses in the State, out of them regularisation was effected in respect of 55 posts, who have completed 5 years of service by 25.11.1993 and the cut of date in terms of G.O.Ms.No.212, dated 22.04.1994.

[iii] G.O.Ms.No.352 Education [IE.1] Department, dated 01.10.1994 was issued directing the 4^th respondent to take action immediately for payment of salary calculated at minimum pay scale and minimum time scale is being paid from the date of the G.O.. Relevant part of the G.O., vide para 4 reads as follows:-

“As the scheme formulated in G.O.Ms.No.212 Finance and Planning (Pin) Department dated 22.04.1994 is liberal and as it reflects the intention of government for regularization of existing personnel, who are working on daily wage/NMR etc., which was also upheld by the Supreme Court of India, Government through the G.O.166, education department dated 08.06.1994 extended similar facilities to the part time lecturers and ordered that the part time lecturers who have been working in regular vacancies or where work justified appointment of regular lecturer for more than 3 years by 30.04.1991 or teaching over 16 period per week shall be paid the salary calculated on the minimum scale of pay of Rs.1810-3230/- (revised pay scales, 1986 and Rs.3640-7580/- (revised pay scales, 1993) for lecturers and Rs.1550-3050/-