High Court · 2022

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 declare the entire action of the respondents herein in not paying minimum time scale of pay attached to the post of Typist even though he is working continuously since more than 26 years of service under the control of the respondents as highly illegal, arbitrary, unjust, improper, colourable exercise and contrary to various judicial pronouncements in the subject matter, apart from bad in law and consequently direct the respondents to forthwith to pay the applicant the minimum time scale attached to the post of Typist. Counsel for the Applicant : SRI SANTHAPUR SATYANARAYANA RAO Counsel for the Respondent3 1 & 3 : GP FOR PANCHAYAT RAJ Counsel for the Respondent 2 : SRI R. CHANDRA SEKHAR The Court made the following: ORDER I i HON, )LIRABLE SRI J USTICE N.V. SH RA''/A.I I.IJ UA R WRIT PETITION (TR) No. 6040 of 2C1 7 ORDER: 1) The pr:sent writ petition (TR) is fited to dectare the entire action of th, ) respondents in not paying minimLtm tr me scate of pay attachel to the appticant even though he is working as Typist contir uousty since morethan 26 years of sen,i<:e under the control of tre respondents as highty ittegat, arbitr;rry, unjust, improper an I contrary to various judiciat pronouncerlents in the subject mat,er apart from bad in law and consequcntly, direct the respondcnts to forthwith to pay the petitioner t're rninimum time scate a :tached to the post of Typist. Zl Heard both sides and perused the material iivaitabte on record. 3) At th€ time when the matter has been taken up for hearing, lea-ned counsel for the petitioner has submitted that the present writ petition (TR) is squarety covered by the common orcer, dated 23.08.201 8 passed by a Div'sir:n Bench of this Court in W.P.Nos.5556, 8486 and 8968 of 2018. I I 2 - 4) Learned counsel appearing for the respondents has submitted that an appropriate order may be passed in terms of the common order passed by this Court in W.P.Nos.5556, 8486 and 8968 of 201 8. 5) lt is appropriate to refer to the findings of this Court in Writ Petition Nos.5556, 8486 and 8968 of 2018, which reads as under: - "11. ln the Light of the judgments referred to supra and 'in view of the fact that the services of the petitioners have been continued since two decades, we are of the view that the petitioners are entitted to minimum time scate of pay under the principte of equal pay for equal work, even though they were engaged by a privqte contractor. Therefore, the orders passed by the A.P. Administrative Tribunal, Hyderabad in O.A.No.3873 of 2014, dated 10.08.2017 and o.A.No.2369 0f 2014, dated 06.07.2017, are set asice.

12. Accordingty, the Writ Petitions are attowed. The respondents are directed to grant minimum time scate of pay to the petitioners and atso to add annual grade increments as and when they fell. due from time to time. However, the petitioners are .l 3 entitled to at[ the arrears from the date of filine; of the O.A. s before the Tribunal. " 6) ln the ir stant case atso, the petitioner was apoointed as Typist on 18.C9.'1990 and since then he is discharging l.tis duties. The record revea[s that eartier the petitioner rerei't fited I O.A.No.1635 tf 1997 seeking a direction for absorption of his service in the cadre of Typist with att consequent.at be,nefits and the same wa; disposed of with a direction to regr tarize the seryices of tl e petitioner in terms of G.O.Ms.No..llZ, :inance and Ptannir g (PC.lll) Department, date(l i:.7.04.1994. Admittedty, the petitioner has been continued 'n ;e vice since three decades and as the facts and circumstan(:es crf this case and the facts and circumstances in W.P.Nos.5556, 84U6 and 8968 of 201 8 are ;imilar, this Court is of the view that a direction may be given to the respondents to grant minjmum tirne scate of pay to the p€ titioner atong with consequential bene,fi :s. ' 7) Accord n$y, the Writ Petition (TR) is disposel rrf directing the respond, rnts to grant minimum time scate of pay 16 16s petitioner ar d also to add annual grade increment:, as and when they fett du: from time to time. However, the g;etitioner is t I I 4 \ To, entitled to alt the arrears from the date of fiting of the O.A. before the Tribunat. No costs. Miscettaneous apptication, if any pend.ing, shatt stand closed. //TRUE COPY// SD/. T.TIRUMALA DEVI ASSISTANT REGISTRAR secrr&{ncea I

1. The District Collector (PR) Adilabad, Adilabad District., 2. The Chief Executive Officer, Zilla Parisahd, Adilabad, Adilabad District. 3. The Principal Secretary, Panchayat Raj and Rural Development Department, Secretariat, State of Telangana, Hyderabad -500 022.

4. One CC to SRI SANTHAPUR SATYANARAYANA RAO, Advocate [OPUC] 5. One CC to SRI R. CHANDRA SEKHAR, Advocate IOPUC] 6. Two CCs to GP FOR PANCHAYAT RAJ, High Cou( for the State of Telangana at Hyderabad. [OUT]

7. Two CD Copies KAR "s.\,-- I I I I T HIGH COURT DATED: 1911i'.12022 l I I I ORDER W.P (TR).No. i040 of 2017 ./- '.) q- L)' 1rl E s '-.,tr 1 [ JAil 2:l] i; r; .:. ll --'// .t DISPOSING I)F THE WRIT PETITION (TIRI WITHOUT CoSTS /'' -\ / ( \o) \_--' \f\C- .{ilz