HON’BLE MRS. JUSTI CE SUREPALLI NANDA

WRI T PETI TI ON No.33175 OF 2023

ORDER:

Heard Sri Gurram Srinivas, learned counsel

appearing on behalf of the petitioners, learned Assistant Government Pleader for Services-I I I appearing on behalf of the respondent Nos.1 and 3 to 17 and the learned Government Pleader for Services-I

appearing on behalf of the respondent No.2.

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 3^rd respondent in issuing impugned Speaking order No.AGM- PROJ/40/2021, dated 30-09-2023, rejecting the claim of the petitioners for implementation of the 11^th PRC (Revised Pay Scales 2020) to the petitioners herein even after implementing the “Equal Pay for Equal Work” 9^th PRC scales vide G.O.Rt.No.814, Agricultural Marketing and cooperation (AM.III) Department, dated 07-06- 2013, 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, as highly illegal, irregular, unconstitutional against the principles of natural justice, equity and fair play and prays to set aside the impugned Speaking Order No. AGM-PROJ/40/2021, dated 30-09-2023, with a direction to the respondents herein to pay the salary of the petitioners according to the 11^th new PRC @ Rs.19,000/- + DA, HRA & 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 Honourable Court in W.P.No.26788 of 2017 dt. 10-08-2017, and orders in I.A. No.1 & 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 Honourable Court in batch of cases in WP No.5556 of 2018 & batch dt. 23-08-2018, and pass....”

3. The case of the petitioners, in brief, is that the petitioners have been working as Security Guards and in other posts in various Agricultural Market Committees on an outsourcing basis since 1995–2000. Though the petitioners were granted minimum time scale of Rs.6,700/- as per G.O.Rt.No.814 dated 07.06.2013, the petitioners are still being paid only Rs.15,600/- per month, and the revised pay under the 10^th and 11^th PRC had not been implemented. Despite performing duties on par with regular employees and having over two decades of continuous service, the petitioners request for extension of the revised pay scale was rejected by the 3^rd respondent vide speaking order dated 30.09.2023 on technical grounds. Aggrieved by the same, the petitioners filed the present writ petition.

4. PERUSED THE RECORD:

A) The relevant portion of the order of this Court dated 18.07.2023 passed in W.P.No.16881 of 2023 in favour of the petitioners in particular para Nos.4 and

5 are extracted hereunder:

“4. Having regard to the directions of this Court in W.P.Nos.26788 of 2017 dt.10-08-2017 and in W.P.No.5556 of 2018 and batch dated 23.08.2017 in the case of similarly placed persons, this Court deems it fit and proper to direct the respondents to consider the representations of the petitioners, dated 06.07.2023 and to pass appropriate orders thereon, within a period of two (2) months from the date of receipt of a copy of this order.

5. The writ petition is accordingly disposed of. There shall be no order as to costs.”

B) The letter of respondent No.3 - Commissioner and Director of Agricultural Marketing, Government of Andhra Pradesh, Hyderabad vide Letter No. SHU(1)4314/ 2010, Dated: 06-07-2012 addressed to the Special Chief Secretary to Government Agricultural and Marketing Department, Government of Andhra Pradesh, Hyderabad is extracted hereunder:

GOVERNMENT OF ANDHRA PRADESH AGRI CULTURAL MARKETI NG DEPARTMENT From To Commr & Director of Agri Marketing The Special Chief Govt of Andhra Pradesh Secretary to Govt Hyderabad AGRICULTURAL and Marketing Dept Government of Andhra Pradesh, Hyderab