HON’BLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION No. 44335 OF 2017

O R D E R:

This Writ Petition is filed to declare the proceedings dated 21.02.2018 issued by the District Panchayat Officer, Nalgonda as arbitrary. Consequently, a direction is sought to set aside the same and hold petitioners entitled for granting minimum time scale of pay attached to their respective posts with consequential and attendant benefits including absorption / regularisation of their services in terms of the law laid down by the Hon’ble Apex Court in State of Karnataka v.

Umadevi, (2006) 4 SCC 1

2. The case of petitioners is that they were appointed in their respective posts in the combined Nalgonda District based on Gram Panchayat Resolutions with effect from 15-12-1984, 14-06-1983, 01-05-1988, 06-10-1988, 01-04-1988, 28-05-1988, 19-09-1988, 02-08-1987, 01-10-1988, 01-06-1988, 19-09-1988, 19-04-1988 and 12-07-1988 respectively, and all these appointments were made on consolidated basis. Petitioners have been serving continuously for more than 29 to 33 years in their respective posts, however, they are still being continued on consolidated

pay with meagre wages without being extended the benefit of

minimum time scale of pay.

2.1 It is stated, all the petitioners possess the requisite qualifications to hold the posts they are working in and over the decades, they gained substantial experience in their posts. Earlier, the Government had taken a policy decision to ratify appointments made by the Sarpanch during the period 06-02-1981 to 31-05-1982, as a consequence, several persons who were appointed during the said period were absorbed. Further, the Government issued G.O.Ms.No. 239, dated 08-08-2011, ratifying the appointments made by the then Sarpanch for the period 06-02-1981 to 31-05-1982. Since petitioners were appointed later to the aforesaid period, their services were not ratified, and they were continued on consolidated pay. Despite making several representations to the authorities requesting absorption on a regular basis, no action has been taken. They have not been granted even the minimum time scale of pay attached to their posts, despite performing duties identical to their regular counterparts. The Hon’ble Supreme Court in State of Punjab v. Jagjit Singh categorically held that the principle of “equal pay for equal work” applies to temporary employees, including daily wage

2 2017 (1) SCC 148

employees, ad hoc appointees, casual employees, contractual employees and others, thereby vesting in them the right to claim wages on par with the minimum of the pay scale of regularly engaged government employees. Petitioners state that being qualified and eligible to hold their respective posts, they are entitled to minimum time scale of pay in terms of the said judgment.

2.2. Petitioners further submit that in similar set of facts, considering the judgment in Jagjit Singh’s case, this Court directed respondents to examine whether petitioners therein were discharging the same duties and responsibilities and whether they were qualified to hold the regular post and if both parameters were satisfied, to grant them minimum time scale of pay. The Court also directed that the said exercise be completed within four weeks. The petitioners submit that their case is similar and they are seeking similar reliefs.

2.3. Apart from the above, petitioners also place reliance on G.O.Ms.No. 212, dated 22-04-1994 and G.O.(P) No. 112, dated 23-08-1997, wherein directions were issued to regularize the services of full-time/part-time employees who had completed 5 or 10 years of service. Petitioners state that having completed more than 29 to 33 years of service, they are squarely entitled for absorption and regularization of their services in terms of the said policy decisions and also in terms of the law laid down by the Hon’ble Supreme Court in Umadevi’s Case and other judgments, which recognized the rights of employees similarly situated. Yet, despite these clear directions