HON’BLE MRS. JUSTI CE SUREPALLI NANDA

WRI T PETI TI ON No.34975 OF 2023

ORDER:

Heard Sri Gurram Srinivas, learned counsel

appearing on behalf of the petitioners and the learned Assistant Government Pleader for Services-I I appearing

on behalf of the respondents.

2. The petitioners approached this Court seeking the

prayer as under:

“….to issue an order or direction more

particularly one in the nature of Writ of Mandamus to declare the action of the respondents in issuing impugned speaking orders Rc.No.E4/2328/2023, dated 16-11-2023, rejecting the claim of the petitioners for payment of minimum time scale attached to the last grade post, on the ground that, the petitioners are working as part time contingent workers who works only 4 hours daily, which is contrary to the official records, appointment letter of the petitioners, the records clearly discloses that, the petitioners are working on full time basis/ contingent employee, even though issuing impugned speaking orders is highly illegal, irregular, unconstitutional against the principles of natural justice, equity and fair play and prays to set aside the impugned speaking order

Rc.No.E4/2328/2023, dated 16-11-2023, with a direction to the respondents to pay the minimum time scale as per the judgment of the Apex court in the case of State of Punjab Vs. Jagjit Singh and others in Civil Appeal No.213 of 2013, dt. 26-10-2016, and direct the respondents herein to pay the salary of the petitioners according to the 11^th new PRC @ Rs.19,000/- plus DA, HRA and CCA, with arrears from the date of filing of the Writ Petition along with periodical increments from time to time with arrears and other monetary benefits as per the orders of the Division Bench of this Honble Court in W.P.No.26788 of 2017 dt. 10-08-2017, and orders in I.A. No.1 and 2 of 2019 in W.P.No. 38763/2018 in C.A. No. 642/2019 on 24-01-2020, and the Division Bench Judgment of this Hon’ble Court in batch of cases in WP No. 5556 of 2018 and batch dt.23-08.2018, and also as per the judgment of the Hon’ble Supreme Court in SLP No.37870 of 2012, dated 14-10-2014 and pass.....”

3. The petitioners were appointed as contingent employees in the year 1993 and have been continuously working for over 30 years in the Area Hospital, Huzurabad, Karimnagar District. Despite discharging full-time duties and working on par with regular employees, the petitioners are being paid a meager consolidated salary of Rs.5,200/- per month, without being granted the minimum time scale under the 9^th, 10^th, or 11^th PRC. The petitioners previously filed W.P. No. 22140 of 2023 seeking equal pay for equal work. This Court directed the respondents in its order dated 17.08.2023 to consider the petitioners representation. However, the 3^rd respondent rejected the petitioners claim through a speaking order vide Rc.No.E4/2328/2023 dated 16.11.2023, falsely categorizing the petitioners as part-time employees, despite service certificates and duty rosters showing they perform full-time duties. Aggrieved by the same, the petitioners filed the present writ petition.

PERUSED THE RECORD:

A) The relevant portion of the impugned order of respondent No.3 vide Rc.No.E4/ 2328/ 2023 dated 16.11.2023 addressed to the petitioners herein observing as under:

“The petitioners from Serial No.(1) to (02) are Part Time Contingent workers working under the control of DM&HO, Karimnagar district. These petitioners are not entitled for receiving the minimum time scale as per G.O.Ms.No. 171 Finance (PC.I I I ) Dept Dated: 13.05.2010 because they are working as Part Time Contingent Worker who work only (04) hours in a day, the petitioners do not come under the zone of consideration for payment of 11th PRC (Revised Pay Scales 2020) scale attached to the post of last grade.

As stated above, the Petitioners Sl.No.(01) to (02) in WP.No.22140 of 2023 are Part time contingent workers. Who are hired to work only for four (04) hours. Hence, they are not eligible for 11th PRC (Revised Pay Scales 2020) wit