✦ High Court of India · 03 Jan 2025

Contempt Case No. 394 of 2024 · High Court · 2025

Case Details High Court of India · 03 Jan 2025
Court
High Court of India
Case No.
Contempt Case No. 394 of 2024
Decided
03 Jan 2025
Bench
Not available
Length
5,444 words

Petition under Article 226 ot hhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ or order preferably in the nature of Writ of Mandamus and declare the action of the respondents in not paying the salary attached to the post of Junior Lecturer to the petitioners as illegal, arbitrary, contrary to law and violative of Articles 12,14,16 and 21 of Constitution of lndia, and consequenfly declare that the petitioners are entitled to the salary attached to the post of Junior Lecturers from the date of their initial appointment or in the alternative the petitioners are entitled to the Minimum Time Scale of pay aftached to the post of Junior Lecturers from the date of their initial appointment with al consequential benefits like arrears of pay etc. lA NO: 1 OF 2023 Petition under Section 151 CPC praying that in the circurnstances stated in the affidavit filed in support of the petition, the High Court may be pleased direct the respondents to forthwith pay to the petitioners the minimum time scale of pay attached to the post of Junior Lecturers pending disposal of the above writ fetition. lA NO: 1 OF 2024 Between: Government of Telangana, Secretariat Hyderabad. 1 . State of Telangana, Higher Education Department, rep by its Secretary to 2. The Commissioner of lntermediate Educition, Government of Telangana, 3. Joint Director of lntermediate Education, Multizone l, Hyderabad 4. Joint Director of lntermediate Education, Multizone ll, tiyderabad Hyderabad AND ...PETITIONERS/ RESPONDENTS 1 2 lVedg U4qa Tabassum., aged 4'1 years. D/o Sri Syed Afzal. occ. Guest Faculty, Chemistry (Urdu Medium), Government Girld Junior Colbge. Multi Zone- l. Karimnigbr 505001. .' R/o H No 9-4-201, Mankamirathota, Karimnagar 505001. Sarneena Sultana., aged 45 years. D/o Sri Ahmed Rasool . Occ. Guest Faculty Urdu. Government Junior College Science Wing. Karimnagar 50500'l . Rlo 7 -2- 1 O35 I A, St. Kash meergadda, Ka rimnagar 50500 1 . i I I

3. Ch. Kanakarajam., aged 47 yearc. S/o Sd Ch Narayana . occ. Guest Faculty, English, Government Junior College Boys (Science) Multi Zone- l. Karimnagar 50500 Rlio H No 12-64, Padmashali Street, Manakondur, Karimnagar 505469. 4. Sura Karunakar., aged 40 years. S/o Sri Gangaram. Occ. Guest Faculty Physics, Multi Zone- l. Government Junior College (Girls) Karimnagar 505001- Ri/o H No 2-41114, Theegalaguftapalli, K arimnagar 505001. 5. A Prabhakar., aged 53 years. Sio Sri Chinnaiah. Occ. Guest Faculty Commerce, Multi Zone- l. Government Junior College, Ellanthakunta, Rajanna Sircilla Dt 5O54O2. R/o H No 1-2012, Chandrampet, Sirsilla Dt. Rajanna Sircilla 505301 .

6. Raj ashekar Gentyala., aged 43 years.S/o Sri Laxmirajam. Occ. Guest Faculty Botany, Multi Zone- l. Government Junior College (Boys). Siricilla. Rajanna Sircilla Dt 505301. R:/o H No 8-5-50, Nehru Nagar, Sircilla, Rajanna Sircilla Dt 505301.

7. S Sridhar., aged 43 years. S/o Sri S L N Charya. Occ. Guest Faculty Physics, Multi Zone- l. Government Junior College, Sultanabad, Peddapalii . Rlio H No 7-7-170, Jammikunta, Karimnagar 505172 .

8. Md Rasheed., aged 33 years. S/o Sri Md Yousuf. Occ. Guest Faculty Commerce, Multi Zone- L Government Junior College, Kamepally. Khammam 5O7'122. Rlo 1-6- 15815015411A, Hanmantharao Nagar. Mahabubabad 506101 . 9. Kalavala Swapna., aged 42 years D/o Sri Rajaiah. Occ. Guest Faculty Zoology, Multi Zone- l. Government Junior College (Science) Karimnagar. Rl/o H No 10-5-187/6, Shivajinagar, Karimnagar 505001. lO.Guridala Radhika, aged 43 years, D/o Sri G Prasad Sharma. Occ. Guest Faculty mathematics, Multi Zone- l. Govemment Junior College, Pinapaka. Bhadradri Kothagudem Dt 507133. Rl/o PosUMandal Charla, Bhadradri Kothagudem 507133. 11 .Uzma Tahniath, .aged 33 years .D/o Sri Syed Maqsood Ali. Occ. Guest Faculty Botany, Multi Zone- L Government Junior College (Science) Karimnagar. R:/o 3-3-84, Sawaran Street, Karimnagar.

12.Sobia Tarannum., aged 38 years. D/o Sri Mohd Sadiq Ali. Occ. Guest Faculty Zoology, Multi Zone- l. Govemment Junior College (Science), Ka'rimnagar 505001 . R/o '10- 49/3/8, Razwi Chaman, Bommakal, Karimnagar 505001 . 'l3.Nilofer Binthe Ali., aged 34 years. D/o Sri Ali Bin Abood. Occ. Guest Faculty Chemistry Urdu Medium, Multi Zone- l. Government Junior College Science Wing (Boys) Karimnagar 505001. Rl/o H No 1-1-96, Shah Saheb Street, Karimnagar 505001 . 'l4.Syeda Arifiya Khatoon., aged 31 years. D/o Sri Syed Sabir Hussain. Occ. Guest Faculty in Zoology, Multi Zone-|, Government Junior College (Girls) Karimnagar 505001. R:/o H No 7-2-1051 , Kasheeragadadda, Karimnagar 505001 . l5.Katkam Deeparani., aged 31 years. D/o Sri K Laxman. Occ. Guest Faculty in Mathamatics, Multi Zone-I, Government Junior College (Gids) Karimnagar 505001 . Rl/o HNo 1-11318, Near Shubham Gardens, Rekurthi, Karimnagar 505001 . 'l6.Ch Gnanika., aged 34years. D/o Sri Ch Sathyanarayana Rao. Occ. Guest Faculty in Chemistry, Multi Zone-|, Govemment Junior College (Science Wing) Karimnagar 505001. R/o H No 2-231l4l3lBlN1, Seetharam nagar, Near Shubham Gardens, Karimnagar 505001 . lT.Yadaiah Kodidala., aged 44 years. S/o Si Narsaiah. Occ. Guest Faculty Commerce, Multi Zone- ll. Govemment Junior College, Kodakandla, Dt Jangaon 506222. Rt/o Vill and Mandal. Kodakandla. Dt Jangaon 506222. lS.Ravindar_Reddy., aged 34years. S/o Sri Goverdhan Reddy. Occ. Guest Faculty Chemistry, Multi Zone- ll. Govemment Junior College for Girls, Nagarkumool (Town) 509209. R/o H No 1/'126, Vilt. Singaiam. MandD Nrayanpet 509210. I

19. Kasoju Ramesh Chary., aged 48 years. S/o Sri K Krishnaiah. Occ. Guest Faculty Mathematics, Multi Zone- ll. RLD Junior College (Government) S P Road, Secunderabad 500026. R/o H No'16-50, Bharat Nagar,Near Nallapochamma Temple, Siddipet 502103.

20.K Narasimha Swamy., aged 33 years. Sio Sri K Anand. Occ. Guest Faculty Chemistry, Multi Zone- ll. Government Junior College,Kothakota, Wanaparthy Dt 509381. R/o H No 1-74, Revelly (vill) Gopalpet (M). Wanaparthy Dt 509235.

21. G Ramesh Kumar., aged 39 years. S/o Sri G Balaswamy. Occ. Guest Faculty Botany, Multi Zone- ll. Government Junior College, Kothakota, Wanaparty Dt 509381. Rlio H No 548/4, Brahmamgari Street, Pebbair (Vill and Mandal) Wanaparthy Dt 509104. 22. J Krishnaiah., aged 42 yearc, S/o Sri J Venkatanna. Occ. Guest Faculty Chemistry, Multi Zone- ll. Government Junior College, Khillaghanpur, Wanaparthy Dt 509380. R/o 2-18, Rechinthala (Vill), Atmakur Mandal, wanapartnv Dt 50e131' "'*rr"Ef#B=r[[? Petition under Section '15'l CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to vacate the lnterim order dated 27-12-2023 in W.P.NI.2B134 of 2023 and consequently dismiss the Writ Petition. Counsel for the Petitioners: SRI DR.K.LAKSHMI NARASIMHA Counsel for the Respondents: GP FOR SERVICES I CONTEMPT CASE NO: 394 OF 2024 Between:

1. Syeda Uzma Tabassum., aged 41 years. Dio Sri Syed Afzal. occ. Guest Faculty, Chemistry (Urdu Medium), Govemment Girls Junior College. Multi Zone- l. Karimnagar 505001. Rl/o H No 9-4-201, Mankammathota, Karimnagar 505001. 2. Sameena Sultana., aged 45 years. D/o Sri Ahmed Rasool Occ. Guest Faculty Urdu. Govemment Junior College Science Wing. Karimnagar 505001. No 7-2-10351A, St. Kashmeergadda, Karimnagar 505001. 3. Ch. Kanakarajam., aged 47 years. S/o Sd Ch Narayana . occ. Guest Faculty, English, Govbmment Junior College Boys (Science) Multi Zone- l. Karimnagar 50500 Rl/o H No 12$4, Padmashali Street, Manakondur, Karimnagar 505469. 4. Sura Kaninakar., aged 40 years. S/o Sri Gangaram. Occ. Guest Faculty Physics, Multi Zone- l. Govemment Junior College (Girls) Karimnagar 505001 . Fl/o H No 241114, Theegalaguttapalli, K arimnagar 505001. 5. A Prabhakar., aged 53 years. S/o Sri Chinnaiah. Occ. Guest Faculty Commerce, Multi Zone- l. Government Junior College, Ellanthakunta, Rajanna Sircilla Dt 505402. Rl/o H No 1-2O12, Clandrampet, Sirsilla Dt. Rajanna Sircilla 505301 .

6. Raj ashekar Gentyala., aged 43 years.S/o Sri Laxmirajam. Occ. Guest Faculty Botany, Multi Zone- l. Government Junior College (Boys). Siricilla. Rajanry Sircilla Dt 505301. Rl/o H No 8-5-50, Nehru Nagar, Sircilla, Rajanna Sircil{a Dt 505301. 'Nasar. ir-tio i'o-s-t azl6, Shivaiinagar, Karimnagar 50^5r!1 ' kirimiasat. Rya a-g-e+, Sawaran Street, Karimnagar'

507122. Rt/o 1-6- rsiits"ojsilii,- iinmintnara5 506101 .

7. S Sridhar., aged 43 years. S/o Sri S L N Ctgrya' Occ' Guest Facultyfhysics' Mutti Zone_ t. covernmeii lir"i.i cott"ge, sultanabad, Peddapalii . R/o H No i -1 -lio, Jammikunta, Karimnagar 505172 B. ffi ii;"i;;., ;s;a' 33"G;t"s; slo s'l Md^Yousur' occ' Guest Facultv " $il;;;, tr/li.,tti 20ne_I. 60vemment.tunior colleoe Kameoallv. Khammam Mahabubabad 9. Kalavala Swapna., aged 42 years D/o Sri . Rajaiah Occ Guest Faculty " i;;j;;; urritl zone- rlc6remrfi"ntlunior collegd (Science) Karimnagar. Fl/o lo.Guridala Radhika, ,g.f a5-y"ja, olo"sri G Prasad Sharma. occ. Guest '" F;&Ity-r;th;riii"ii niurii z'o#-'t. Gqyemlnel!. Junior collese' Pinapaka' br,ioiiaii-kothagudem'''dt-so7rss. Rl/o PosuMandal charla, Bhadradri Kothaoudem 507133. 11.[);#'il;;i"it,.."dlo 33 vears.Dfo sri sved Maqsood Ali oc.c Guest '' F#rTt, boiJ"v, ri,fufti zo'ie- l. Govemm6nt Junior College (Science) 12. $l;i; Ta"rannum., ased'ig-i-eiis. O7o St Mohd S_5diq Ali. Occ. Guest Faculty '- z;;i;d. MJtti zond- t. cdvemment Junior college (science), Karimnagar -#bt"i'Rv;iblisiisfi ;,n-az*iCr,i,nan,Bommakal,Kdrimnagars0500l' l3.Nilofer Binthe Ati., ug"d'di;;*. oio'srt nti Bin A'bood. occ. Guest_Faculty '" iii!,ir"t.V UiO, rir",i'irm, fr4irltiZone- l. Govemment Junior College. Science Win's iB6vil Karimnagai'dotiooi. nyo H No 1-1-96' shah saheb street' Karimnagar 505001 . r+.sieJJ n"rrnvl'Khatoon., aged 31_years. D/o sri Sved Sabir Hussain. occ. '- 6G:t Fac,jrtv in zooro'qi'i,,ilrrt' /oie-i, Govemment Junior college (Girls) xirt'i1'"lgii 6o'sooi. n7d' H No 7-2-1051, Kasheerasadadda, Karimnagar 505001. rs.klif-a-m Oeeparani., aged 31 years' D/o Sri K Laxman' Occ Guest Faculty in '" i\i;ih;rt6: Multi'z5ne-1, 6overnment Junior college (Girls) Karimnagar ;b?ijoi .-Ry; Hrrro t-risl{i, Near Shubham Gardens, Rekurthi, Karimnagar 505001. rO.6"n"blanir<a., aged 34years. D/o Sri Ch Sathyanaravana Rao Occ' Guest Facultv in Chemistry,'riliri Zo""-t, eqvelnlri-elt JJnior College (Science i^fi ;ik;r;;qii -sb'doo i . ivJ H No' 2-23 1 /a t 3 tB t N 1, seeth a ram nasar' Near Shu-bham Gard-ens, Karimnagar 505001' ai-vJjr"-s/o si Narsaiah. occ. Guest F_aculty " co"iii'"r"", Mutti 'zoiJl ti. dovemment Junior 99119q"-,--[o93l3ndla' lT.yadaiah Kodidata., "g;i Dt Jinsiion soo2zz. R/o Vill and Mandal' Kolcakandla' Dt Janoaon uJazzz' lB.Ravindar Reddy, "di' il;;;:-Slq--Sti Go'erdhan R-eddv' occ' G-uest '" FiJ..irtv'CiL"idtw,-"rrrrJti-Zi,nE--tt. Covemment Junior Coliege for.Girl.q iviilrftrrnoor rr<jwnl tbsZosi. nvo H No 1/126, Vill' sinsaram MandD Nralvanoet 509210. is ii;:l;r"d;;;'6n"rv., ased 48 vears' S/o Sri K Krishnaiah occ Guest " 'F;;;ii ri;ih#rt,";, 'MtrtiZon": ti. RLo Junior. colese (Government) s P ffi:tl' 5sffi!il6-"'a'''-scjoozol nvo H t'to 16-50,- Bharat Nasar'Near t iittipoctramma Temple, Siddipet 502103' 20.K Narasimha swamy.,'iiJ 35-v""o. S/o sri K.Anand. occ. Guest Faculty -" cil;rttrt; Mutti zon'e_ ii]eouori"ent Junior colleoe.Kothakota, wanaparthy Dt 509381 . nvo n ruo"tli+,-nerettv (vitU Gopaipet (M)' Wanaparthy Dt 509235. zr.c nimesn Kumar , aged 3g years. s/o sri G Balaswamy. occ. Guest Faculty -' d"iiiv, rtllitiTon"llilGorei''rme"tlunior college, Kothakota-,.wapP9rtv.q! 509381. Ry; n No s+gA, Brahmamgari street, Pebbair (Vill and Mandal) Wanaparthy Dt 509104' ZZ.i'fiG'fr"iiit'-'ig.d +Z years, S/o Sri J Venkatanna. Occ. Guest.Faculty -- cdili;ir, rrariii 2onE-'li. borernment Junior College, Khillaghanpur' Wanaparthy Dt 509380. R/o 2-18, Rechinthala Wanapartny Dt 5091 3'l . (Vill), Atmakur Mandal, ...PETITIONERS AND

1. Sri Burra Venkatesham lAS, Higher Education Department Secretary to Government of Telangana, Secretariat Hyderabad

2. Smt Sruthi Ojha, lAS, Commissioner of lntermediate Education, Government

3. Smt Jaylprada Bhai,, Joint Director of lntermediate Education, Multizone l, of Telangana, Hyderabad and ll HYderabad ...RESPoNDENTS Petition under Sections 10 to 12 of Contempt of Courts Act 1971 praying that in the circumstances stated in the affidavit file herein the High court may be pleased to pleased to punish the Respondents herein of their will fully and in deliberately not obeying/implementing and deliberately flouting the orders of the Honorable High court passed in wP No. 28134 OF 2023 dated 27112123 rendered by b/their Lordships HONORABLE SRI JUSTICE PULLA KARTHIK under Sections 1O to 12 of the contempt of court Act, 1971 read with Article 45 of Constitution of lndia. lA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit iiled in support of the petition, the High Court may be pleased direct the Respondents to immediately pay to the petitioners the wages on par with minimum of pay scale payable to regularly appointed Junior Lecturers in Government Colleges. Counsel for the Petitioners: SRI DR.K.LAKSHM! NARASIMHA Counsel for the Respondents: GP FOR SERVICES I The Court made the following: COMMON ORDER THE HON'BLE SRT JUSTICE PULLA KARTHIK WRIT PETITION No.28134 of 2O23 CONTEMPT CASE No.394 of2024 COMMON ORDER: This Writ Petition i.e., W.P.No.28134 of 2023, under Article 226 of the Constitution of India, is filed seeking the following relief: "...issue a Wit or order preferablg in tle nature of Wnt of Man-d.amus/ Writ of Certiorai and after calling for records pertaining to the impugned Proceedings/ Order dated passed bg dedare the action of the respondents in not pqging the salary attacled to the post of Junior Lecturer to the petitioners qs illegal, arbitrary, contrary to lau/ qnd violatiue of Articles 12,14,16 and 21 of Constitution oJ' India, and consequentlA deckTre thqt tLLe petitioners qre entitled to the sqlary adached to the post of Junior l,ecturers from the d.ate of their tnitioLt appointment or in the altematiue tle petitioters are entitled to the Minimum Time Scole of pag alTached to ttrc post of Junbr Lecturers from the date of their initial appointment uith all consequential benefits like orrears of pag etc and to pa-ss..."

2. Heard Dr. K. Lakshmi Narasimha, learned counsel appearing for the petitioners in both the Writ Petition as well as the Contempt Case, and learned Government Pleader for Services-I on behalf of the respondents.

3. Learned counsel for the petitioners submitted that tlre petitioners, who are working as Guest Facutty in various Government Junior Colleges, were appointed as such, following a due process of selection by the State Government. The petitioners possess Post Graduation degrees in their respective subjects, acquired from varlous Universities across the country. 2 PK, J W.P.No.28134 of 2O23 & C.C.No.394 of 2O24 As such, they are fully eligible ald entitied to be appointed as Junior Lectures. However, there has been no direct recruitment for the post of Junior Lectures for a long time and to meet the exigencies, the State Government started appointing qualified persons under different nomenclatures i.e., Part-Time Junior Lectures and Guest Faculty. The petitioners herein, though appointed as Guest Faculty, they are discharging the same duties as that of Regular Junior Lecturers. Further, whenever the remuneration of Part-Time Lectures was enhanced, the same benefit was automatica,lly extended to the Guest Faulty pan-passu.

4. It is further submitted that while the things stood thus, the State Government extended Minimum Time Scale of Pay to a-ll the Junior Lecturers, while the said benefit was extended to both the Part-Time Lectures and Guest Faculty. As such, some of the Part-Time Junior Lectures filed W.P.No.39015 of 2O18, wherein, this Court, relying on the decision of the Hon'ble Apex Court in State of Punjab u. Jaglit Singhl, was pleased to grant an interim order dated 30. 10.2018, directing the respondents to pay the petitioner's wages on par with the Minimum Pay Scales of regularly appointed Junior l,ecturers in Government Colleges. Thereafter, this Court dismissed the vacate application, vide orderdated

21.06.2021, and all the Part-Time Lecturers were automatically paid the \ (2017) I SCC 148 3 PK, J W.P-No.28134 of 2023 & C.C.No.394 of 2024 Minimum Time Scales of Pay. However, even though these petitioners also stand on the same footing, discharging the same duties as that of regular Junior kcturers and Part-Time Junior kcturers, the Minimum time Scales of Pay are not being paid to the petitioners herein, and the same is highly discriminatory, illegal, arbitrary, and in utter violation of Articles 12, 14 and 16 of the Constitution of India.

5. It is further submitted that the petitioners are required to come to the Colleges at 09:3O AM, and they leave after 04:30 PM only, on par with the Regular and Part-Time Junior Lectures, and they are performing exactly the same duties and functions as that of Regular and Part-Time Junior kctures. Further, the petitioners were subjected to interviews during the course of appointment as Guest Facult5z, similar to the appointment of regular Junior Lecturers, and they have been working strenuou sly without any break since 2O16. Therefore, the petitioners are also entitled for pa5rment of Minimum Scales of Pay. It is further submitted that there is no ground for discriminating between the three sets of employees i.e., regularly appointed Junior kcturers, Part-Time Junior l,ecturers and Guest Faculty, especially when the petitioners herein are also discharging the identica-l duties as that of Part-Time Junior lecturers. Thus, the action of the respondents in not paying the Minimum Time Scales of Pay to the petitioners herein is wholly illegal and arbitrary. 4 PK, .] W.P.No.28134 of 2023 & C.C.No.394 of 2O24 Further, the respondents are also violating the doctrine of ,equal pay for equal work', by not extending the Minimum Time Scales of Pay to the petitioners herein. Therefore, learned counsel for ttre petitioners prays this Court to allow the present Writ Petition. 6" Per contra, learned Government Pleader for Services-I submitted that after formation of the Telangana State, the Government issued G.O.Rt.No.3 dated 21.06.2O14, instructing not to contract the services of any additional personnel beyond those actually working as on 28.03.2O14. While so, in view of promotions and retirement of various Junior kcturers, as a stop- gap arrangement, the Government has accorded permission to the Principa.ls of Government Junior Colleges vide proceedings dated

12.08.2016, for hiring some of the Junior Lecturers (retired) as Guest Faculty. However, due to non-availability of retired Junior Lecturers in remote areas, vide proceedings dated 2O.O9.2OL6, the Principals were permitted to hire the services of fresh candidates on hourly basis. As such, the petitioners herein, categoizcd as Guest Faculty, were engaged purely on a temporary basis to meet the shortage of regular Junior [,ecturers. They were hired on an hourly remuneration basis as a stop-gap arrangement for only nine to ten months in arr academic year, subject to maximum of (72) periods per month. They were enga.ged solely for the purpose of ensuring uninterrupted academic activity aIId their engagement t 5 PK, J W.P.N'.2g134 of 2023 & C.C.No.394 of 2024 is not equivalent to the appointment of regular or part-time Junior Lecturers.

7. It is further submitted that the principle of tqual pay for equal work, does not apply to the petitioners as they belong to a distinct category of temporary empioyees i.e., Guest Faculty, who were engaged under specific terms, which do not entitle them to parity in pay with regrlar Junior Lecturers or Part-Time Junior lecturers. As such, granting Minimum Time Scale of Pay to the petitioners would amount to equating two distinct classes of employees, which is neither reasonable nor justifrable. Further, the remuneration of Guest Faculty is determined solely on the basis of the number of periods they take up per month, and their services do not confer any right to regularization or benefits equivalent to those df regular or part-time employees. They are entitled for remuneration as per the Government Orders issued from time to time, which is being enhanced periodica-lly, and all the individuals working as Guest Paculty are treated equally. It is further submitted that the petilioners were temporarily engaged for filling up the vacant posts of Junior l.ecturers and their remuneration was fixed at Rs.390 per period subject to a maximum of (72) periods, vide G.O.Rt.No.137 dated 3O.O8.2O21, i.e., a tota-l remuneration not exceeding Rs.28,O8O/- per month. 6 PK, J w.P.No.28134 of 2023 & C.C.No.394 oJ 2024 S.ItiSfurthersubmittedSomeofthePart-Timelrcturersearlier approached this Court vide W.P'No.39O15 of 2O18, seeking payment of Minimum Time Scale of Pay attached to the post of Junior kcturer in Government Junior Colleges, and this Court granted interim order dated 30.10.2018, directing the respondents to pay the petitioners therein the Minimum Time Scale of Pay of regularly appointed Junior l€cturers' Aggrieved by the same, the respondents hled W'A'No'189 of 2O23' wherein' this Court, vide judgment dated 20.O3'2O23, ordered to extend the beneltt of Minimum Time Scale of Pay to the part-time Lecturers if they are found working for more than (721periods per month' It is further submitted that the judgment of the Hon'ble Apex Court in 'Iaglit Singh (supra) is not applicable to the present case as the petitioners were engaged as Guest Faculty without any contract or agreement, solely for taking up the classes for not more than (7 2l periods per month, and they cannot claim the same benefits as contractual employees' Therefore, it is prayed to dismiss the present writ petition. g. This Court has taken note of the rival submissions made by learned counsel appearing for the respective parties and perused ttre records'

10. Admittedly, three distinct classes of lrcturers are working in the Government Junior Colleges viz', Regular Junior Ircturers' Part-Time II 7 PK, J W.P.No.28134 of 2023 & C.C.No.394 of 2024 Junior Lecturers and Guest Faculty. Among these three categories, the regular junior lecturers are drawing salaries based on the Minimum Time Scale of Pay attached to the post of Junior l.ecturer. In the case of t]re Part-Time Junior l,ecturers, after pursuing their legal remedies, they are being paid wages on par with the regularly appointed Junior kcturers. However, the petitioners herein, who are engaged as Guest Faculty against the sanctioned vacancies of Junior kcturers, following a due process of selection, are being paid an hourly remuneration of Rs.39O/_ per period, subject to a maximu m of l|2l periods per month, amounting to a maximum of Rs.28,O8O/- per month, and their main grievance is that they are denied the pa,.rnent of Minimum Time Scale of pay. According to the petitioners, they have been discharging the duties identical to regular and Part-Time Junior l-ecturers, handring the sim ar academic responsibilities and that they are adhering to the same schedule of work i.e., O9:30 AM to 04:3O PM.

11. In this context, it is pertinent to refer to a decision of the Hon'ble Apex Court in Jagiit Stagh (supra), wherein, it was categorically held that the employees discharging the same duties under similar conditions are entitled for payment of equal remuneration, irrespective of their terms of appointment. The Hon,ble Apex Court aJso emphasized that any disparity in pay for identical work violates Articres 14 and 16 of the constitution of ; I I 8 PK, J W.P.No.28134 of 2023 & C.C.No.394 of 2024 India, which guarantee equality a,d prohibits discrimination. The relevant portion of the aforementioned judgment is extracted hereunder: "58. In our considered view, it is fallacious to determine artificial parameters to deny fruits of labour. An employee engaged for the same work cannot be paid less than another wfro pertornis Ine sarne duties and responsibilities. Certainly not, in a welfire State. Such an action besides being demeaning, strikes at the very foundation of human dignily. An{9net who is compelted to work at 1.s".. *"g. does not do so voluntarily. He does so to provide food and shelter to"his family, at the cost of his self-respect and dignity, at the cost of his self_worth, and at the cost of his integriqr. For he knows that his dependants would suffer immensely, if he does not accept the lesser wage. Any act of payin-g less wages as compared to others simila:.ly situate constitutes an act of exploitative enslavement, emerging out of i domineering position. UndouAtedly, the action is oppressive, suppressive and coercive, as it compels involuntary subjugation." "

12. The primar5r contentions of the respondents for non_payment of Minimum Time Scale of pay to the petitioners are that the petitioners herein belong to a distinct category i.e., Guest Faculty, whose duties and responsibilities are different from those of the regular Junior Lecturers and Part-Time Junior Lecturers, and that the' petitioners herein do not work beyond (72) hours. However, the respondents have flailed to demonstrate as to what other additional duties and responsibilities are entrusted on the regular Junior Lecturers and part-Time Junior Lecturers that distinguish thern from the Guest Faculty. Moreover, a perusal of the petitioners, Biometric Attendance sheets discloses that they are consistent in attending their duties from O9:30 AM to 04:3O pM, similar to the regular Junior [.ecturers. It is also clear from ttte statement showing the 9 PK, J w.P.No.28134 of 2023 & C.C.No-394 of 2024 calculation of petitioners' remuneration that they have worked for more than (721 hours/periods per month. Therefore, the above contentions of the respondents are untenable and cannot be countenanced'

13. The record further reveals that when some of the Part-Time Junior Lecturers were denied the beneht of Minimum Time Scale of Pay, they approached this Court by filing W.P.No.39015 of 2018, wherein, this Court granted interim order on 30.10.2018, directing the respondents therein to pay t-I1e petitioners the wages on par with the Minimum Time Scale of regularly appointed Junior Lecturers in Government Junior Colleges' Subsequently, the vacate petition filed by the respondents was dismissed orr 25.06.202L Assailing the same, the respondents frled W.A'No'189 of 2O23, which was disposed of vide judgment dated 2O.O3'2O23, and the operative portion of the said judgment is extracted hereunder: "6. Having considered the riva-l submissions made by the learned counsel on either side, tJlis writ appeal can be disPosed of directing the appellants to veriry the number of working hours put in by the riipondents and also to veri$ as to whether the respondents are aisitrarging their duties on par with the regular Government Junior Lecturers. If the respondents are working for more than 72 hours, then the appellants shall extend the benelit of minimum time scale of pay. If the respondents are not fulfilling the conditions and not working on par it is always open for the urith the Government Junior L€cturers, appellants not to extend the benefit of minimum time scale of pay to the respondents."

14. In the light of the foregoing discussion, this Court deems it appropriate to direct the respondents to examine the working hours of the ,< 10 PK, J W.P.No.2al34 of 2023 & C.C.No.394 of 2O24 petitioners, duly taking into consideration their Biometric Attendance History, which indicate their regular attendance between 09:3O AM and 04:3O PM, and if it is found that the petitioners have worked for more than (72). periods per month, then the respondents shall pay t}.em the remuneration in line with the Minimum Time Scale of Pay attached to the post of regular Junior Lecturers, in the light of the decision of the Hon'ble Apex Court in Jagltt Singh (supra), as expeditiously as possible, preferably within a period of two (O2) months from the date of receipt of a copy of this order.

15. With the above direction, the Writ Petition stands disposed of.

16. Coming to the Contempt Case, i.e., C.C.No.394 of 2024, which is filed on being aggrieved by the willful disobedience of tJ' e interim order of this Court dated 27.12.2023 passed in the present writ petition. 17 . While ordering notice before admission in the present writ petition on 27.12.2023, ttris Court directed the respondents to pay the wages to the petitioners on par with the Minimum of Pay Scale payable to regularly appointed Junior l€cturers in Government Colleges.

18. Since tJlis Court has disposed of the present writ petition, the interim order granted earlier holds no relevance, and therefore, the subject T 11 PK, J w.P.No.28134 of 2023 & C.C. No. 394 of 2024 matter of the contempt case stands resolved in the hnal adjudication' Hence, no further orders are required to be passed.

19. Accordingly, the Contempt Case is closed. Pending miscella-neous applications, if any, shall stand closed. No costs. $D/.K. SHYLESHI GISTRAR DquwRE //TRUE COPY// tetangana, H'igher Education Department'. ^ dlcrr-rdr[ OFFICER , . tn" Secretary to Govemment of Telangana' Secretariat Hyderabad' State of " z. i[J 6.niissione, oiin-tErmeJli[e Ed ucation' Government of Telangana' 3. :liiliffilor of lntermediate Education, Multizone l' Hvderabad. ;. i;ili oireitor or rntermeJiiie Eoucation, Multizone ll' Hvderab.ad s: ffi;'cdi;-sar on.r.iifu irvti rlnnastunA' Advocate toPugl 6. iffi dc;i"-Gi F9c'5enVr6Es-i, Hish court for the Stale of relansana, at 7. Two CD CoPies Hyderabad. [OUTI Hvderabad PSK. BS fr/ HIGH COURT DATED:0310112025 COMMON ORDER WP.No.28134 of 2023 AND CC.No.394 ot 2024 ( eJ c rl1 IA 14: 2 0 JAit 2025 A I t ., spATcB DISPOSING OF THE WRIT PETITION AND CLOSING OF THE CONTEMPT CASE WITHOUT COSTS .ocdd'&

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