Kondaiah, aged about 43 years, 4 v. Bal Reddy, S/o: Malla RFddy, aged about 39 years 5. G. Narsi Reddy, S/o
Case Details
Acts & Sections
Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issub Writ Order or Direction more particularly one in the nature of Writ of Mandamus by declaring the action of the respondents in treating the petitioners as outsourcing employees by reducing the salary of the Petitioner No.1 from Rs.15,0001 and the Petitioner No.2 to 5 from Rs.20,000/- and 6th petitioner from Rs.13,950/- to that of Rs.7,'159/- by paying wages through agency is as illegal, arbitrary and voilative of the principles of natural .iustice and consequently direct the respondents to treat the service of the petitioners as direct employees of the 3rd respondent-mrrnicipality as Bill collectors and further direct the respondents to protect the pay of rhe petitioners as was being paid as on 11 .4.2o16whire they are working in Gram panchayat and pay all the arrears w.e.f 11.,1 2016. lA NO: I oF 2018 Petition under Section 15'1 cPC praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be preased to direct the iespondents tc pay the sarary of the petitioners as w;rs being paid in the erstwhile Gram p,rnchayats in terms of the proc.No.7 4l/2013_ Bi(pts), dt. 30.8 2015' Proc No 178lzo13-81 (pts), d..28.8.2013 and proc. No. 72412013- B1(pts)' dt'14 52013 w.e.f.Februarf , 2018, pending finar cisposar of the writ petition. Counset for the petitioner: SRI ARVIND KUMAR KATA Counsel for the ResponAent ttos.t and 2: Gp FOR MCpL ADMN URBAN DEV Counsel for the RespondeniNo.3: RAMESH CHILLA The Court made the following: ORDER THE HON'BLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETIT ION No.6650 of 2018 ORDER: The petitioners were appointed as Bitl Collectors in various Gram Panchayats during the period lrom 1998 to 2003 on a consolidated pay, and their pay was enhanced from time to time. Petitioner No' I was drawing a pay of Rs.15,000/- as on 01.06.2013, and petitioner Nos'2 to 5 were drawing a pay of Rs.20,000/- each as on 01.07.2013; and petitioner No.6 was drawing a pay of Rs.t3,950/- as on 0l '07'2012; and their salaries were being paid through Grampanchayat funds. It is their.case that the Gram Panchayats where the petitioners were working was subsequently upgraded and notified as a Municipality vide G.O.Ms.No.l03, MA & UD Department, dated I1.04.2016, with all the assets of erstwhile Grampanchayats now falling under the ambit of the municipality. The Grampanchayats in which the petitioners were serving came under the 3'd respondent-Peerzadiguda Municipality, and their services as Bill Collectors were absorbed into the 3'd respondent- Peerzadiguda MunicipalitY. It is the giievance of the petitioners that, during the period they served in Grampanchayats, their salary was a consolidated amount, paid from respective Grampanchayat Funds. However, after their absorption into 3.d respondent-Municipality consequent to upgradation of erstwhile Grampanchayats, their Salary is changed to Outsourcing basis, and is being paid through an Agency. It is atleged that these changes to their salary are not preceded by any notice and therelore the same is illegal and arbitrary. r--- \l P \o (,640 oi 20l8 \BK-.] \
2. Learned counsel for the petitioners made submissions on the lines of writ affidavit and also relied on the common order dated 23.0g.201g passed by the H,n'ble Division Bench of this court in w.p.Nos.5556 of 2018 and batch. Learned counsel also relies on the councir Resolution No. 192 d'ated 2'1.03.2022 of Turkayamjal Municipality. whereunder a reference is made to G.O.Ms.No.5l dated 1 1.06.202,. and Clircular Memo dated 17.06.2021 and also the Order of this Courl in w.P.No. 19132 ol 2019; and it is stated in the said letter rhat the council has approved the Pay scale 22240-57300 in respect c,1- one G. Malla Reddy, Bilt Collector, and the salary to be paid from rhe Municipal General Funds.
3. Sri Rarnesh Ch i lta,, learned Standing Counsel for respondent_ Municipality submits that tlie petitioners are Contract employees, appointed by the' Sarpsnph of the ershvhile Gram panchayats on a consolidated pay, purely on a temporary basis, and their serices are liable to be terminated at any time without prior notice and without assigning any reas,ons, and they are not appointed against any sanctioned posts; and thcrefrrre the benefits granted in the case ot- .furkayam.ial Municipality (in respect of one Mr.Malla Reddy vide Fite No.Clll82l202l-22, dated 24.03.2022, .approved t,icle Council Resolution No.l8ll, dated 24.03.2022) cannot be applied to the case of petitioners hereitl.
3. I Lear.n,:d Standing Counsel refers to paragraph 7 of the counter affidal.it of respondent No.3 and submits that, atong with the petitioners, all non-regular employees i.e.npH & Non_pH workers who r.,,r*Eru working at the time of upgradation of Grampanchayats to W P No 66sU or 2u16 NBK,J Municipatity are paid the wages in terms ol G'O'Ms'No 14' Fin Dept'' dated 19.04.2016, and their salaries are being paid from the Municipal general Fund account'
4. Considering the respective submissions and perusing *":*:O',1: may be noted that the Hon'ble Division Bench of this Couft' tn W.P.Nos.5556 of 2018 and batch' dated 23'08'2018' by referring to the judgment of the Hon'ble Supreme Court in State of Puniab vs' Jagiit Singhr, directed as follows: ..l2.Accordingly,thewritPetitionsareallowed.Therespondentsafe directed to grant minimum time scale of pay to the petitioners and also as and when they fell due from time to to add annual graa" time. However, th" *ttot'"* are entitled to all the arrears from the date of filing "' :osts' miscellaneous petitions p"noing' if any' shall stand closed'" the Tribunal' No tn" o'o"'o"i"re ' 'n"t;ln"nts consequently'
5. AccordinglY, in the light of the Common Order dated 23.08.2018 passed bY the Hon'ble Division Bench in W'P'Nos'5 556 of 2018 and batch, this writ Petition is also allowed, and the respondent authorities are directed to grant minimum time scale of pay to the petitioners and also to add annual grade increments as and when they fell due from time to time' The said exercise shall be comPleted within a period of eight weeks lrom the date of receiPt of a coPY of this order. The petitioners shall be entitled to arrears from the date of filing of the writ petition belore this Courl' No costs. Miscellaneous Petitions Pending' if anY, shall stan d closed. DEPUTY SD/-M OHD.ISMAIL REGISTRAR h6r,,o,* SECTI 6) scc-' G"'D 'Qg ,/TR,E coPY// UD Department, Secretariat Buildings' The Ii:,:Al"+B.fl *.,",{::ilrys#,l +n:Bu: giitlxi ij'n;: 'i5fi x3 hl,?,"8ilfl h ?JS:'f i3' ^,"ln* :*firnun*+*,$ft tr#";'tfiu?-?"u"''p*"*Hghc'u. !"}ffi Two CD CoPies To, 1 2 3 4 E 6 7 W TJ BS HIGH COURT DATED:2310612025 ORDER WP.No.6650 of 2018 f { o )- ( * rtE, TAs 1 JUL 2025 z. r jpAIl-:ii * ALLOWING THE WRIT PETITION WITHOUT COSTS