APHC010086952026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3208]

(Special Original Jurisdiction)

TUESDAY,THE TWENTY FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 5291/2026 Between:

1. G PRABHAKAR, S/O. LATE GANGAIAH, AGED ABOUT 59 YEARS, , OCC EMPLOYEE, R/O. D.NO.5-3/1, PATNAM VILLAGE, THAVANAMPALLE MANDAL CHITTOOR DISTRICT.

...PETITIONER AND

1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, TECHNICAL EDUCATION DEPATMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT

522238

2. THE COMMISSIONER OF TECHNICAL EDUCATION, GOVERNMENT OF ANDHRA PRADESH, F.NO.301, GARUDADRI K.K. TOWERS, LAKSHMI NARASIMHA COLONY SERVICE ROAD, NEAR DR. YSR AAROGYASRI HEALTH CARE TRUST, MANGALAGIRI, GUNTUR DISTRICT.522238

3. THE GOVERNMENT MODEL RESIDENTIAL POLYTECHNIC, MADANAPALLI, REP. BY ITS PRINCIPAL, MADANAPALLI, CHITTOOR DISTRICT 517001 ...RESPONDENT(S):

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an order or direction more particularly one in the nature of Writ of Mandamus directing the Respondents to pay the Minimum Time Scale of Rs.25,087/- per month as per G.O.Ms.No.142, Fin (HR.I.PIG and Policy) Department, dated 27.08.2018 and also as per the Proceedings No.C/01/Daily Wages/2022, dated 01.11.2022 of the 3rd respondent from September, 2023 onwards as arbitrary, illegal and consequently direct the Respondents to pay Minimum Time Scale of Rs.25,087/- to the petitioner from September, 2023 onwards and pass such IA NO: 1 OF 2026 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased may be pleased to direct the Respondents to pay Minimum Time Scale of Rs.25,087/- to the petitioner from September, 2023 onwards pending disposal of the writ petition and pass such Counsel for the Petitioner:

1. T BALAJI Counsel for the Respondent(S):

1. GP FOR SERVICES III THE HONOURABLE SRI JUSTICE D RAMESH

ORDER:

The present writ petition is filed for the following relief:

“…to issue an order or direction more particularly one in the nature of Writ of Mandamus directing the Respondents to pay the Minimum Time Scale of Rs.25,087/- per month as per G.O.Ms.No.142, Fin (HR.I.PIG and Policy) Department, dated 27.08.2018 and also as per the Proceedings No.C/01/Daily Wages/2022, dated 01.11.2022 of the 3rd respondent from September, 2023 onwards as arbitrary, illegal and consequently direct the Respondents to pay Minimum Time Scale of Rs.25,087/-

to the petitioner from September, 2023 onwards and pass such…”

2. Petitioner is working in 3^rd respondent College as Supplier and Cleaner on daily wage basis. He has been paid from 16.09.2013 fixed salary of Rs.9,000/- per month in terms of Memo.No.B1/18028/2012, dated 16.09.2013, issued by the 2^nd respondent. Later, their cases were considered for payment of minimum time scale and the same got fixed as Rs.24.524/- per month from January, 2023 and were paid accordingly for some time. However, from September, 2023, abruptly 3^rd respondent stopped paying the same, but, they were being paid only Rs.10,000/- per month. As petitioner’s case is not being considered for extending the said benefit, present writ petition is filed.

3. Heard Sri T.Balaji, learned counsel for the petitioner and learned Assistant Government Pleader for Services-III appearing for the respondents.

4. Learned counsel for the petitioner submits that though petitioner is working on daily wage basis, he is entitled to be considered for payment of minimum time scale and has placed reliance on the judgment of the Hon’ble Apex Court rendered in State of Punjab v. Jagjit Singh, (2017) 1 SCC 148 therefore, petitioner cannot be denied the said benefit. He also contended that petitioner is continuing to work in the 3^rd respondent College and even their cases were reco