The High Court · 2025

37. K. Srinivas, S/o Naga Bhushanam, aged about 40 yrs, Occ. Security Guard, AMC (Agricultural Market Committee) Nizamabad.

38. D. Jamuna, W/o Gangadhar, aged about 52 yrs, Occ. Security Guard, AMC (Agricultural Market Committee) Nizamabad.

39. S. Bhulaxmi, W/o Mahendhar, aged about 42 yrs, Occ. Securily Guard, AlvlC (Agricultural Market Committee) Nizamabad.

40.J. Niraja, Wio Nagaraju, aged about 39 yrs, Occ. Security Guard, AMC (Agricultural Market Committee) Nizamabad. 41 .K. Gangadhar, s/o Gangaram, aged about 48 yrs, Occ Security Guard, AMC (Agricultural Market Committee) Nizamabad.

42.G. Narayana, S/o Bhumaiah, aged about 50 yrs, Occ. Security Guard, AIVIC (Agricultural I/arket Committee) Nizamabad.

43.8. Naresh, S/o Chinnareddy, aged about 32 yrs, Occ. Security Guard, AMC (Agricultural Market Commiftee) Nizamabad.

44. B- Jamuna, W/o Abbaiaha, aged about 32 yrs, Occ. Security Guard, AMC (Agricultural Market Committee) Nizamabad.

45. P. Naveen, S/o Narasaiah, aged about 30 yrs, Occ, Security Guard, AMC (Agricultural Market Commiftee) Nizamabad.

46. D. Srinivas, S/o Satyanarayana, aged about 36 yrs, Occ- Security Guard, AMC (Agricultural Market Commiftee) Nizamabad.

47. S. Vamshi, Sio Shivaraju, aged about 33 yrs, Occ. Security Guard, AMC (Agricultural Market Committee) Nizamabad.

48.A. Sandhya Rani, W/o A. Sateesh, aged about 32 yrs, Occ. Security Guard, AMC (Agricultural Market Committee) Nizamabad.

50.J. Srinivas, S/o Gangadhar, ag ut 41 yrs, Occ. Security Guard, AMC 49.EM. Savitha, W/o EM. Srinivas, aged (Agricultural Market Committee) Niza 45 yrs, Occ. Security Guard, AMC Nizamabad District (Agricultural Market Committee) Armo a, S/o G. Srinivas aged a ut 27 yrs, Occ. Security Guard, Al\4C 51.G. Arun T (Agricultur Market Committee) Armo r, Nizamabad District. 52.T. Shankar, Sio Sayanna, aged abo t 44 yrs, Occ. Security Guard, AMC eJ (A 53. D. gricultural. Market Committee) Gand ari, Kamareddy District. Surya Prakash, S/o Narayana, ag d about 35 yrs, Occ. Security Guard, AMC (Agricultural Market Committee) 54. Malipeddi alias Kondaiahgari Anjaiah, Security Guard, AMC (Agricultural Ma District. andhari, Kamareddy District /o Papaiah, aged about 47 yrs, Occ. et Committee) Gandhari, Kamareddy AND ...PETITIONERS Secretariat, Hyderabad, Rep. by its Prihcipal Secretary. '1 . The State of Telangana, Agricultural ltrfurketing and Co-operation Department, 2. The State of Telangana, Finance 4nd Planning Department, Telangana 3. The Commissioner and Director of Agiicultural Marketing Department, BRKR Secretariat, Hyderabad. Rep. by its Prificipat Secretary ba Gadwal District rnool District rthy District Bhavan, Tank Bund , Hyderabad. The District lvlarketing Officer, Jogula The District Marketing Officer, Nagark The District Marketing Officer, Wanap The District Marketing Officer, Ranga The District Marketing Officer, Nalgon The District Marketing Officer, Nizama ad 4 5 6 7 o o 'l0.The District Marketing Officer, , Kama 1'1 .The Secretary, Agriculture Market Co 12.The Secretary, Agriculture Market Co 13.The Secretary, Agriculture Market Co$mittee, Wanaparthy District '1 4.The Secretary, Agriculture Market Confmittee, Rangareddy. 15.The Secretary, Agriculture Market Confmittee, Nalgonda . 16.The Secretary, Agriculture Market Corhmittee, Nizamabad. 1 7. The Secretary, Agriculture Market Cor+mittee, Kamareddy m m a dy. ittee, Jogulamba Gadwal District ittee, Nagarkurnool District. ...RESPONDENTS Petition under Article 226 of lhe Cdnstitution of lndia praying that in the circumstances stated in the affidavit file$ therewith, the High Court may be pleased to issue an order or direction mor$ particularly one in the nature of Writ of Mandamus to declare the action of thd 3rd respondent in issuing impugned Speaking order No. AGM-PROJ/40 12021 , pated 3OlOgt2O23, rejecting the claim of the petitioners for implementation of the 11th PRC (Revised Pay Scales 2020) to the petitioners herein even after implenfenting the Equal Pay for Equal Work gth PRC scales vide G.O.Rt.No.814, Aqricultural Marketing and cooperation (AM.lll) Department, daled 0710012013, as per the judgment of the Apex court in the case of State of Punjab Vs. Jagjit Sing[ and others in Civil Appeal No.213 of 20 13, dt. 2611012016, as highly illegal, ilrregular, u nconstitutio na I against the principles of natural justice, equity and fair play and prays to set aside the impugned Speaking Order No. AGM-PROJ/4012021 , dated 30/09/2023, with a direction to the respondents herein to pay the satary of the petitioners according to the 11th new PRC alias Rs.19,0001 + DA, HRA and 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. 1010812017, and orders in l.A. No.1 and 2 of 2019 in W.P.No. 38763/2018 in C.A. No. 64212019 on 2410112020, and the Division Bench Judgement of this Honourable Court in batch of cases in WP No. 5556 of 2018 and batch dt. 2310812018 lA NO: 1 OF 2023 Petition under Section 151 CPC praying that in the circumslances stated in the affidavit filed in support of the pet tion, the High Courl may be pleased to Suspend the impugned speaking order issued vide No. AGVI-PROJl40l2O21 , dated 30/09/2023, with a direction to the respondents herein to pay the increased minimum time scale as per New PRC Scales 2O2O I 11'h PRC in the last grade post in the scale of Rs. 19,000/- per month to the petitioners in view of already extended minimum time scale of last grade pay of Rs.6700/- to these petitioners in the 9th PRC scales of the year 2013, by the 1st respondent, by following the judgment of the Apex Court in the case of State of Punjab Vs. Jagjit Singh and others in C.A No.213 of 20'1 3, d|.2611012016 Counsel for the Petitioner: SRl. GURRAM SRINIVAS Counsel for the Respondent Nos. 1&3to17: GP FOR SERVICES lll Counsel for the Respondent No. 2: GP FOR SERVICES I The Court made the following: ORDER HON'BLE MRS. JUSTICE SUREPALLI NANDA RTT PETITI 3L7 F ORDER: Heard Sri Gurram Slinivas, learned counsel appearing on behalf of [he petitioners, learned Assistant Government P for Servaces-III appearing on behalf of the {espondent Nos.1 and 3 to l7 and the learned Governnlent Pleader for Services-I appearing on behalf of the .J spondent No.2.

2. The oetitioners aoprohched this Court seekinq the oraver as under: "....to issue an orider or ciirection more particularly one in the nat{re of Writ of Mandamris to declare the action of the 3''r respondent in issuing impugned Spelking order No.AGM- PROt/40/202t, dated 30i09 2023, re;ecting the claim of the petitioners fdr implementation of the 11th PRC (Revised Pay j Scales ZO2O) to the petitioners herein even pfter implementing the k" 9th PRC scales vide "Equal Pay for Equal Wo I!ral Marketing and G.O.Rt.No.B14, Agricult cooperation (AM.III) Delartment, dated 07-06- 2013, as per the judgmen! of the Apex court in the case of State of Punjab Vst. lagjit Singh and others 2 SN,J W.P.No.33175 2023 in Civil Appeal No.213 of 2013, dt. 26-10-2016, as highly illegal, irregular, u nconstitutiona I against the princip es of natural justice, equity and fair play and prays to set aside the impugned Speaking Ordcr No. AGN4-PROI/40 /2\)21, dated 30-09-2023, with a drrectron to the respondents he;ein t I pdy the salar y of the petitioner-s according to tre 1 1th new PRC @ Rs.19,000/- + DA, HRA & CCA, with arrears from the date of Filing of the Writ l)etition along wrrh pcriodical increnents from time ro time with arr ears and other monetary benefits as iler the orde'rs of the Division Bench of this Honourable Court rrr W.P.No.267BB of 2017 dt. 10-08 2017, a nd orders in I.A No.1 & 2 of 2 C 19 in W.P.No lB76312018 in C.A.No.64212019 on 24 0l-2020, and the Divis on Bench Judgment of this Honourable Court in batch of cases in WP tio 555C cf 2018 & batcl^ 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 ln 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.B14 dated 07.06.2013, the petitioners are still being paid only Rs.15,600/- per month, and the revised pay ) 5N,J W.P,No.33175 2023 under the 10th and 1lth PRC frad not been implemented. Despite performing duties on ipar with regular employees and having over two decadesl of continuous service, the petitioners request for extensipn of the revised pay scale was rejected by the 3'd resppndent vide speaking order dated 30.09.2023 on technicali grounds. Aggrieved by the same, the petitioners filed the qresent writ petition.

4. PER E RECORD A) The r v f this Court 1 7 assed in w.P. 881 of 2O2 favour of h ers rn r No 4 n 5 are extracted he der: "4. Having regard [o the directions of this Court in W.P.Nos.26788 of zOU dt.10-08-2017 and in W.P.No.5556 of 12018 and batch dated 23.08.2O17 in the case of bimilarly placed persons, this Court deems it fit and proper to direct the respondents to consider tle representations of the .2023 and to pass petitioners, dated 06.0 v appropriate orders thereorl within a period of two (2) months from the dat! oF receipt of a copy of this order. t \ 4 SN,J W.P.No.33175 2023

5. The writ petition is accordingly disposed of. There shall be no order as to costs." B) The I tter of res ondent No.3 Commissi on er and Direct or of Aoricultu ral Marketin o, Governme nt of alf er No H d i A hr/ n hra h L a r D SHU(1 4314120to. Dated: O6-O7-2O12 addres sed to to Government Decial Chi f Secretarv Aq ricu Itural and Ma rketinq DeDartment, Government ofA ndhra Prad sh, Hvdera bad is e racted hereunder: GOVERNMENT OF ANDHRA PRADESH AGRICULTURAL MARKETING DEPARTMENT From Commr & Director of Agri Marketing Govt of Andhra Pradesh Hyderabad To The Special Chief Secreta ry to Govt AGRICULTURAL and Marketing Dept Government of Andhra Pradesh, Hyderabad Lr.No. SHU( L\43t4 / 2010, Dated: 06-07 -2OL2 Sir, Sub: Agri Marketing Department, Al4Cs Security Guards working in AMCS Payment of remuneration of Rs. 6,7001- per month on par with last grade emPloYees Requested, Regarding. 5 SN,J W.P.No.33175 2023 Ref:-1. This office Lr.N dt: 23:06.201 [. snrlr;+:r4/2oto

11. Fircula r No. 2. This Office sqt(I)/4314/ 2010 Dt: 17.O9.2O11 3. Representation of President A.P. AMCS Se$urity Guards Union, Hyderabad Dtl 11.04.2012 *l* I Invite kind attention od tne Govt. to the reference cited (Copy enclosed) and it lis informed that A.p AMCs Security Guards Union videj reference 3'd cited has requested this office for paymelnt of minimum time scale of last grade employee of Rs.6,70Ql- per month to the Security Guards working in the Agricultural Market committees in the state since the commissionerl and director of municipal administration, Hyderabad has fssued orders for payment of Rs.6,700/- per month to the qontract workers engaged on outsou rcing basis. n ra tor rs en a ed ron an Further, it is submitted that, the Govt, vide G.O Rt.No.333, Municipal administrqtion and Urban Development Department, Dt. 07.03.2011 h ve Issued ord rs that the w r n basis for res Muni 6 700 Cor month. Accordingly the Co and Director of T Municipal Administration, circular No. A 1994/2007/M.3(1)-I Dt.7.3.20111 of Rs.6,700/- per month to all the existing workers engaqied through the outsourcing outsou rcin r m issron er . P issued h 6 5N,.J w.P.No.33175 2023 agencies on contract basis in addition to EPF ESO as per the minimum time, scale of last grade employees (attender) as mentioned in G.O Ms. No 13 Finance (SMPC-II) Dept. Date:

12.01.2011. Earlier on the representation of the security guards Union Dt. 16.04.2011 for payment, of minimum time scale of last grade employee i.e, Rs. 6,700/- to the Security guards this office has requested the Govt to consider extending the benefit of payment of Rs.6,700/- per month which is now being paid to attender taking on outsourcing basis. Further A.P Security Guard Union has represented that many of the security guards are working in Panchayat areas and requested for payment of Rs. 6,700/-i.e., minimum time scale of last grade employees as per G.O Ms. No. 3 Finance and Planning Dt. 12.01.2011 to the security guards in AMCS uniformly on par with other workers engaged on outsourcing basis. The security guards working in AMCs are being paid as per the minimum rates of wages as per the orders issued in G.O Ms. No. 43 Labour and Employment Dept Dt. 28.05.2010 and also as per the letter Dt. 16.08.2010 received from Commissioner of Labour, Govt of AP, Hyderabad which are as detailed below: Ba sic s,000/- Variable D.A t6s3/- Wa es 66s31- Zone - I Comprising Municipal Corporations 7 SN,J W.P.No.33175 2023 Zone - II Zone I]I Co m prising Munici alities Comprising Rest oF a reas 42sOl- t6s3/- s903/- 4000 t6s3/- s6s3/- The variable dearness allolrruances has to be revised for every 6 months by the commisqioner of labour. The existing VDA@245 points up to 30.09. 011 and it is to be from 01.10.2011 and also Fro 01.04.2012. The total wages in Zrtne-I (VDA to 30.09.2011) 6653/- II the VDA from 01.1 2011 includes the exceed Rs.6700/- in Zone-1. present are Rs. revised P p The approximate additionf,l burden on the Agricultural market committees funds due tp payment of minimum time scale of Rs. 6,700/- as per Cq'Us.ruo.A Dt. 12.01.2011 of Finance (SMPC-II) Dept to thelSecurity Guards working in AMCs will be as follows: Zone Present Wages I n cre;: se EPF Comm ission Zone -I Zone .II Zone - III

6653.7 5 s903.7 5 5653.7 5 47 797 1047 6 108 142 )z z{ 5 80 Total Increase (colu m n 3to6) 60/- Total Burden on Market Committee Funds roximatel a Rs.30,000/- toL]/ - Rs.5,09,000/- 105 1336/ - Rs.21,38,000/- Total Rs.26,77,0OO/ - Approximate Number of Securitri, Guards working - Z,600/- Corporations zone - I =500 Nds x 60 = 30,000/- Municipality zone - II =500 Ngs x 1Ot7 = 5,09,000/- \ ) 8 S N,,J W.P.No.33175 2023 .-) Rest ofAreas Zone -III =1600 Nos x 1336 = 21,38,000/- -26,77,OO0 per month The approximate additional burden of Rs.27.00 lakhs can be borne by the AMC as the revenue of AMCs is increasing every year upon utilization of services of security guards. In view of the above, I reouest the oovt, to kindlv consider the reouest of the security quards to II) Dept aoolv G.O.Ms.No.3 Fanance (SMPC Dt.12.01.2011 to them and fix the remuneration at uniformlv for all securitv Guards Rs.6.7OO th rouo hou the State. Encl. As above Yours faithfully sdl- Commissioner and Director of Agri Marketing c) The G. O.Rt.No.33, De artment for Women, Children, Disabled and Seni or Citizens ( ESTT.) dated

13.04.201 8 is extracted hereunder: GOVERNMENT OF ANDHRA PRADESH ABSTRACT Agricultural Marketing Department - Establishment'Payment of minimum of the time scale to the part time workers working in Homes, Hostels and Residential Schools of Hyderabad and Ranga Reddy Districts under the control of 9 SN,J W.P.No.33175 202 3 Director, Welfare of Disabled pnd Senior Citizens as per orders of the Hon'ble High Codrt in W.P.M.P. No.38537 of 2017 In WP No.30918 of 2017 - Orders Issued. I DEPARTMENT FOR WOMENI CHILDREN, DISABLED AND SENIOR CITI ZENS (ESTT.) G.O.Rt.No.33 (1) From the Hon'ble High 13.09.2017 in WPMP N No.30918 of 20U. Dated: 13-04-2018. Read the following:- c d ourt orders dated: 38537 of 2017 in WP (2) From the Director, Welftre of Disabled and Senior Citizens, Telangana State, Hyderabad, Letter No.A1l653/2017, Dateg: 30.10.2017 & Dated : 07.03.2018. ORDER:- In the reference 1't reafl above, the Hon'ble High Court in W.P.M.P.No.38537 of Zhtl in Wp.No.30918 of 2OL7 filed by Sri K. Vasudeva Rao, S/o Machagiri Rao and 34 others working in Homes, Hostefs and Residential Schools of Hyderabad and Ranga Reddy Districts has made the following order: "It is stated by petitioners that in similar granted interim date WPMP.No.29815 of 2017 in The same is not disputed \ Government Pleader for Sel ed counsel for the lea rn Iclrcu mstances, th is court 01.08.2017 in /: WP.No.2409B of 2017. ly the learned Assistant 'vices. In view of the samf, having regard to the judgment of the Supreme $ourt in State of Punjab & Others v. Jagjit Singh $ Others (2017(11)SCC, 148), the respondents arel directed to pay to the petitioners on the basis of 'phe principte'Equat pay for Equal Work'. Minimurtt of the pay scale of regularly engaged governnlent employees holding i 1C) SN,J W.P. No.33175 2023 the same/ corresponding posts, within a period of four (04) weeks from the date of receipt of a copy of the order".

2. The Director, Welfare of Disabled and Senior Citizens Department in the reference 2nd read above, has submitted that Sri K.Vasudeva Rao, S/o Machagiri Rao and 34 others were initially appointed as part time workers during the year 1991-1993 in home and hostels under the control of Welfare of Disabled & Senior Citizens Department who were paid @ 2OO/-,30O/- 350/- and their wages were enhanced from trme to time as per Government orders. As per the requirement of the Disabled inmates increased from time to time and due to meager regular staff mernbers, the services of the part time workers were utilized full time and they are discharging multipurpose duties in Homes and Hostels as Sweeper, Scavenger, Barber, Kamati, Office Subordinate, Dhobi, Cook, Helper in Kitchen and Night Watchman as per the need and requirements to the Persons with Disabilities from time to time and they are being paid Rs.6500/-per month at present as per the orders issued in G.O.Ms.No.71, LET & F Department, dated: 15.12.2011and the above individuals are not eligible for regularization of service as per G.O.Ms.No.112, Finance & Planning (FW.PC.II) Department, dated: 23.07.1997 as they have not completed 5 years service as on 25.11.1993. She has further submitted that the petitioners are entitled to draw wages at minimum of pay scale of regular posts of lowest grade as per their qualifications i.e. 13,000-42,270. She has requested to Issue necessary orders in the matter. \ \\ 11 SN,J W.P.No,33175 2023

3. Keeping in view the di4ections of Hon'ble High court in the reference 1tt read above and after careful examination of the matter, bled and r or Welfar sion t ernm n ci az n D H r r h h a ar m n remun r n va le nt h wa es con n f the tim ries of I .13 ooo r Iti r idential S d to the r common s rvl o the e h e h n d uties o Disabled n Homes he contr H w tf ens De ar m n AS per the Hon'ble High Court rders Dated: 73.09.20t7 in W.P.M.P. No.38537 of 2017 in WP No.30gt} of 2Ot7, subject to condition that they fhould attend all functions of Sweeper, Scavenger, Barber, Kamati, Office Subordinate, Dhobi, Cook, Helper in Kitch{n and Night Watchman as directed by concerned Superfntendent of the Homes & Hostels from time to time under the control of Welfare of Disabled and Senior Citizens. They shall discharge all types of duties normally entrusted to1 last grade employees as per the directions of the Su perinteridents or Director, Welfare of Disabled & Senior Citizen from fime to time in the interest of proper of Homes/Hostels maintFnance. I I

4. Citizens m atter. The Director, Welfa Department sha ll ta of Disabled and necessary action Se n ior in the 12 sN,l w.P.No.33175 2023

5. This orders issues with the concurrence of Finance (HRM.I) Department vide their U.O.No.7gO1'O/3glA2l HRM.I/2018, Dated: 05.03.2018. (BY ORDER AND IN THE NAME OF THE GOVERNOR OF TELANGANA) M. JAGADEESHWAR, SECRETARY TO GOVERNMENT. To The Director, Welfare of Disabled and Senior Citizens Department, Hyderabad. Copy to:- The Finance (HRl4.I) Department. The P.S to Chief Secretary to Government. The P.S to Principal Secretary to Chief Minister. The P.S to Hon'ble Minister for WCD & SC. SF/SC. // FORWARDED:: BY ORDER // SECTION OFFICER D) The G. .Rt.No.814 Aqricultural Marketino and r tion AM.III De artm \ d 07.06.20 t? Ao ricu ltu ra I Marketino DeDartment is ex ract hereunder: GOVERNMENT OF ANDHRA PRADESH ABSTRACT 5N,J W.P.No.33175 2023 Agricultural Marketing De Committees - Permission to Agricultural Marketing, AP., minimum time scale of Last month to the Security Guard Committees in the State Ord paftment Agricu ltu ral Market tle Commissioner & Director Hlderabad for payment of the Gr$de Service of Rs.6,700/- per s vyorking in Agricultural Markei er! - issued AGRICULTURAL MARKETING AND COOPRATION (AM.III) DEPAR I !r't ENT G.O.Rt.No. 814 Dated: 07-06-2013. Read the foilowing:- Ref:- 1. G.O.Ms.No.43, LET&F (f-AB.II) Department dated

28.5.2010. 2. Govt. Memo. No. 1573f/AM.Itt(2)/2010, dt.27.t2.20Lt. 3. G.O.Ms.No.3, Finance (SUpC.ft) Department, dt. 12. 1.201 1. 4. From C&DoAM, AP., Hrd. Lr.No.S.III (7) / 43 t 4 / 20 t0,dt.6.7 .20 +2, dt.22.3.2013 & dt.28.51201 3. ORDER:- @@b In the reference 2nd reqd above, orders have been issued permitting the Conf missioner & Director of Agricultural Marketing, AP., Hyderabad, to implement the minimum wages for the SectfritV guards working in the Agricultural Market Committeqs in the State, as per the orders issued in the reference l]tt read above. i

2. In the reFerence 4rh rgad above, the Commissioner & Director of Agricuttural Marfketing, AP., Hyderabad has reported that, the AP Agri(ultural Market Committees Security Guards Union, Hyd.,i have represented that for payment of minimum time scple of Last Grade service of i l4 5N,J W,P.No.33175 2023 Rs.6,700/- per month to the Security Guards working in Agricultural Market Committees uniformly in the State, since Commissioner & Director of Municipal Administration, Hyderabad has issued orders for payment of Rs. 6,700/-per month to the contract workers engaged on outsourcing basis.

3. The Commissioner & Director of Agricultural Marketing, AP., Hyderabad has reported that, Government in Municipal Administration & Urban Development Department have issued orders in G.O.Rt.No.333, Municipal Administration & Urban Development (G2) Department, daled 7.3.201 1 that the workers engaged on contract or outsourcing basis for sanitation and other similar works through outsourcing agencies in Municipalities/Municipal Corporations in the State shall be paid Rs.6,700/-per month. Accordingly, the Commissioner & Director of Municipal Administration, Hyd., has issued necessary orders in the matter for payment of Rs.6,700/- per month to all the existing workers engaged through the outsourcing agencies on contract basis in addition to EPF, ESI as per the minimum time scale of last grade employees (attender) as mentioned in G.O.Ms.No.3, Finance (SMPC'II) Department, dt. 12. 1 .201 1 .

4. The Commissioner & Director of Agricultural Marketing, AP., Hyderabad has reported that, the Security Guards Union, has further represented that, to consider extending the benefit of payment of Rs.6,700/- per month which is now being paid to attender taking on outsourcing 15 5N,J W,P.No.33175 2023 basis, as the many of the Secir rity guards are working in for payment of Rs.6,700/- Panchayath areas and requested ie., minimum scale of last S rade employees as per pt.. dt. 12.1.2011 to all G.O.Ms.No.3, Fin. (SMPC.ll) qe Security Guards in Agriculfu ral Market Committees uniformly on par with other wor{<ers engaged on outsourcing basis. I l

5. The Commissioner I Director of Agricultural Marketing, has reported that, there are 2539 Security Guards are working at presel|t on outsourcing basis in Agricultural Market Committees as per the guidelines issued in G.O.Rt.No.4271, Finance($MPC) Department, dated 1.11.2008, on third party pAyment basis drawn from recognized Security Agencies. The individual Agricultural Market Committees engaged thq services of Security Guards required from concerned agency on 3'd party basis and their wages are being paid through t e sponsonng a9ency I 6. The Commissioner $ Director of Agricultural Marketing has further reported that the Security guards are working in various Agriculltural Market committees throughout the State on outfourcing basis since 1994. Initially they have been paid [s.SOO/- as monthly wage. Subsequently the same amoun( was enhanced from time to time and now EPF they are pJying Rs.6653.75 In Zone-l, Rs.5903.75 in Zone-II, & Rs.56b3.75 in Zone-III per month as per Labour Department rders, duly meeting the expenditure from AMC funds un er contingencies. Necessa ry m their monthly wages and ESI & EPF is being deducted fr 16 SN,,I W. P.No.33175 2023 proportionately equal amount is being paid from Market Committee Funds every month. The Security guards working in Agricultural Market Committees are being paid as per minimum rates of wages as per the orders issued in G.O.Ms.No.43, LET&F (LAB.II) Department dated 28.5.2010.

7. The Commissioner & Director of Agricultural Marketing has further reported that the approximate additional burden on the Agricultural Market Committees funds due to payment of minimum time scale of Rs.6,700/- as per G.O.Ms.No.3, Finance (SMPC-II) Dept.,dt. 12.l.2OLl to the security guards working in Agricultural Market Committees is Rs.27.00 Lakhs., for which an amount can be born by the Agricultural Market Committees, as the revenue of Agricultural Market Committees is increasing every year upon utilization of services of security guards. B. The Commissioner & Director of Agricultural Marketing has requested to consider the request of Security guards Association to apply G.O.Ms.No.3, Finance (SMPC-II) Dept., dt.12.1.2011 to them and fix the remuneration of Rs.6,700/- on par with last Grade Employees uniformly for all Security guards throughout the State.

9. Government after careful examinataon of the matter and hereby permit the Commissioner & Director of Agricultural Marketing, AP., Hyd., for payment of minimum time scale of last grade services i.e., Rs.6,7OO/- per month to the Security guards workang in Agricultural Market Committees in the \7 5N,J W.P.No.33175 2023 State as per orders issued] in G.O.Ms.No.3, Finance (SMPC.II) Department, Oat]ea.fZ.f .2OtL, subject to meeting the expenditure fro[n the Agricultural Market Committee funds.

10. The Marketing, AP., Commissioner l HVd., shall tak{ & Director of Agricu ltu ra I further necessary action in the matter. I

11. This order issues wit (SMPC.II) Department 9405 / t39 / A2lSM PC.rrl13, dt. 1 I h the concurrence of Finance 6.4.2013. U.O. No. (BY ORDER AND IN THE NA ANDHRA P $r or rHe GovERNoR oF RADESH ) DT.C.V.S. K. SARMA, PRINCIPAL SECRETARY TO GOVERNMENT & SPL.CHIEF SECRETARY TO GOVT (AM&C) (FAC) Agricultural Marketing, Pradesh, Hyderabad Chief Secretary to Govt. To The Commissioner & Director o Andhra Pradesh, Hyderabad. The Accountant General, Andhr The OSD to M(M&WH) The Private Secretary to Specia (AM&C) SF/SC 4 t I //FORWARDED Y ORDER // SECTION OFFICER / 18 SN,J W.P. No.33175 2023 E) The relevant Dortion of the Dro eedinos vide Procs. No.A/21 7212O22-L dated 2O.O4 .2O23 of the I De a rtment fo o w rm ntofP with Disabilities Persons, Telan oa na Hvderabad, in oarti cu la Nos.5, is extra ted hereun de r senior Citizens and Tra n soender Pa ra r '5. There shall be no order as to costs. The writ petition is accordingly disposed of. Accordingly, Sri M. Sadanandam, S/o Ramachander, and 12 others working in different homes, Hostels and Residential Schools have submitted their representation vide reference 2nd cited for implementation of the new PRC 2020 scales with usual allowances of DA, HRA, & CCA along with arrears of pay from the date of filing of the WP No.30918 of 2017 w.e.f. 13.09.2017 ttl date by releasing the annual grade increments revised from time to time. In Dursuance of the orders issued in the reference 4th cited and 5th c ted. sanction is here bv accorded for enhancem en remuneration of existin o mt n tm um of time scale of Rs.13OOO,/- sanctioned in G.O.Rt.No.33 dt.13.O4.2OL8 Dept., for o Rs.19OOO - ln the RPS 2O2O to the followi no Detitioners who are dischar inq multiourDos e duties. t 91 SN,J W.P.No.33175 2023 End t Welfare Officers, The concerned Di WCD & SC Department Principal, GRSHH, to draw and pay Karimnagar are a uthoriz remuneration of minimum oF the time scale of Rs.19,000/- in the RPS 020 to the petitioners the re in. " +d 4 SION AND CON L

5. Learned counsel appearing draws the attention of tfli s Court to Letter No. SHU(1)431412010, dated 06l.07.2012, issued by the on behalF of the petitioners Commissioner and Director Government of Andhra Prade 'f,, Agricultural Marketing, Hyderabad, addressed to the Special Chief Secretary to dovernment, Aqricultural and Marketing Department, Gover ment of Andhra Pradesh, Hyderabad, wherein it is statla tnat the Security Guards working in AMCs submitte a representation dated h I d

11.04.2072, seeking payment of a remuneration of Rs. 6,700/- per month, on par witfi the last-grade employees. Considering the same, G.O]Rt. No. 814, Agricultural Marketing and Cooperation (AM 'l III) Department, dated

07.06.2073, was issued by rfespondent No. 1, gra nting permission to the Commissionelr and Director of Agricultural t.- 20 SN,J W.P.No.33175 2023 Marketing, Government of Andhra Pradesh, Hyderabad i.e., Respondent No.3 to pay Rs. 6,700/- per month to the Security Guards working in the Agricultural Market Committees. Further, G.O.Rt No.33 Department for Women, Children, Disabled and Senior, dated 13.04.2018, was issued, providing for the payment of the minimum time scale to part-time workers in Homes, hostels and Residential Schools of Hyderabad and Ranga Reddy Districts under the control of Director, Welfare of Disabled and Senior Citizens as per the orders of this Court dated 13.09.2017 in W.P.M.P.No.3B537 of 2077 in W.P. No. 30918 of 2017. However, despite the clear and specific directions issued by this Court in favour of the petitioners on 18.07.2023 in W.P. No.16881 of 2023 (referred to and extracted above), respondent No.3 issued the impugned proceedings dated

30.09.2023, rejecting the petitioners' request for payment of the minimum time scale under the 1lfl, pRC along with allowances, annual grade increments, and other monetary benefits, and arrears, stating reasons as under: "i. Because they could not establish, that the duties and responsibilities of the post(s) held by them, namely Security Guards, were 21, SN,J W.P.No.33175 2O23 similar/equivalent to those pf any sanctioned cadre strength posts of Agricultyral Market Committee (AMC) Services in the State. ii. The duties and responsi b il ities discharged by the emplpyees of Agricultural Market Committee Strvices, were not comparable with the polts nela by members of the Petitaoners i.e., Sercurity Guards. iii. No material wa esta blish that the nature the Security Guards was discharged by regular em Market Committee Services Pf F placeO on record to duties performed by with those fomparable ployees of Aq ricu ltu ral in the State. iv. That permission the Government in Fina ncei engage for outsourcing sanctioned strength of the i under G.O.Rt.No.4271, Dt. (SMPC) Oepartment." I I was not obtained from (SMPC) Department to services within the Depaftment as req u ired 01.11.2008 of Finance

6. Learned counsel anpearing on behalf of petitioners further submits the said impugned orders dated 3O.O9.2O23 been passed without providing an opportunity o{ fersonal hearing to the petitioners and without 1 duly considering and examining the entire materatl on.record, in support of 22 SN,J W P.No.33175 2023 petitioners case. Therefore, the order impugned is liable to be set aside and the writ petition deserves to be allowed.

7. Learned Assistant Government Plea der f the re disDute the fact. as borne on reco rd. that the oetitioners were not afforded an oDpor unitv of n oersonal hearinq orior to the oassinq of the imouoned order dated 3 o.09.2023. Therefore. the matter mav be remitted to r soondent No. 3, with a direction to Dass rders within a reasonab le oeriod, in a oorooriate accorda n with law. 8, A bare perusal of the record indicates that the impugned order dated 30.09.2023 had been passed without providing an opportunity of personal hearinq to the petitioners in clear violation of principles of natural justice and the said fact had even been admitted by the learned Assistant Government Pleader appearing on behalf of the respondents. The order impugned admittedly had been issued mechanically, in a routine and casual manner, without taking into consideration the relevant material and 5N,J W.P.No.33175 2023 documents on record supportinq the petitioner's case, namely Letter dated

06.07.20t2 of the 3'd respondent, G.O.Rt. No. 814, Agricultural Mal ng and Cooperation (AM. III) Department, dated 01

06.2013, G.O.Rt.No.33, Department for Women, Ch d n Disabled and Senior Citizens, dated

13.04.2018, I I Proceedings No. A/2t72/2022-t,

20.04.20 2tr issued by the Director, Department for Empowerment of Persons with Disabilities, i Senior Citizens and Transgender P rsons, Tela ngana. I I

9. Hence, this Court oPines that the subject issue the petitloners for pertaining to the request + implementation of minimum ti the petitioners herein in acc reconsideration by the 3"! l" rdance to law, needs P respondent within a e scale of 11th PRC to J reasonable period.

10. Th v xCo rna u n re tn 20 s 148 te of n aba IN h t r R Par / 24 s N,.' W.P.No.33175 2023 "54 "The Fu Bench of the High Court, while adjudicating upon the above controversy had concluded, t!1j, t"-porury employees were not entitted to the minimum of the reqular oay_scale, merety for ,nu ,""ror, that the activities carried..on daily-wagers ),nl ,ugutu, emptoyees were similar. rhe futt t"rin no'*.Jui,"iuau ruo exceptions. Temporary emproyees, who fert in elit'he-r or the two exceptions, were held entitted to *uf,ei"' u, ,n" mtnimum of the pay_scale drawn ty ,"gutur, The.exceptions recorded by the fuil Oencn'or tn""iiin corrt "io,,oru"r. in the impugned judgment are extracted hereunder: _ _by " "X; "(1) A daity wager, ad hc a s a i n s t t h e re j u t a r, ; ;:' :,: " i l'::; ;f", r, :: after undergoing a setection process b":;" ,;;;:, t",,:::- and equatity of opportunity to ail other e.ligible candidates, shall be entitted to mi, nu_'-o,f the regutar pay scate from the date or "nfug",i.n:,1." a a r, B , c o n nu o ci. n lv. a e 't, f , u a h I s o a n a d t h a t e, c s otion tb rea n t m n ti e. o e o co c a a nl u e n e re nt I v, s u o a r r, s m v u ,s ha ve s e a e I r larrza ti,on, n teIv tn permissible scheme. (3) In the event, a claim for minimum pay scare after more than ,hru:.::d" comptetion or ru i"u,,, Zi":;il:"::"il:[::;,': daily wager, ad hoc or contractual emptoyee sn"li Oi a v 25 5 N,J W.P.No.33175 2023 entitled to arrears for a two months." period of three years and

11. The Di n Ben h ud u 2 .o8 2 1 a inW o.5 5 t 20L d h lar a Para to 2a o u nder: *8. We have considered tfle rival submissions made by the parties. From the mlterial available on record, it is obvious that the nalure of the duties being performed by the petition$rs is perennial and the services of the petition"r, f]ur" been continued since more than two decades. Though the petitioners initially sought a direction t{ regularize their services, but subsequently, they ha( given up their claim for regularization of their servic|s, and filed mlscellaneous applications before the Tribunal seeking for amendment of the prayer, pnd seeking only payment of minimum time scale {t ,u, attached to their respective posts in the resp9ndent- m u nicipality ' It is pertinent to note that in identical 9. circumstances in w.P.No.2fZAS of 2017, wherein the persons, who were workiirS in Kavali Municipality, sought minimum time scale of pay, this Court vide order dated tO.B.2Ol7 f{reld that the petitioners therein are entitled for gra(t of minimum time scale of pay and in addition to thal, they are also entitled for I 26 sN,l W.P.No.33175 2023 grant of increments from time to time in the time scale of pay. But however, this Court in the above Writ Petition restricted the arrears only from the date of filing of the O.A. by the petitioners therein. 1O, Apart from that, the Hon,ble Supreme Court in State of punjab and vs' Jagjit singh and othersl considered ,ro'n"tt equar work and n",o'",n:,'t:;]" J.r:::" _[' j: discharging their duties on par with regular employees are entiUed to the minimum scale of pay under the. principle of equal pay for equat work.

11. In the light of the judgments referred to supra and in view of the fact that the service s of the petitioners have been continued since two decades, we are of the view that the petitioners are e ntitled to mrnimum time scale of pay under the principle of egual pay for equal work, even though they were engaged by a private contractor. Therefore, the orders passed by the A.p. Administrative Tribunal Hyderabad ,n O.A.No.3873 of 2014, dated IO.B.2077 and O.A.No.2369 of 2014 dated 6.7.2017, are set aside. 12. Accordingly, the Writ petitions are allowed. The respondents 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. However, the petitioners are entifled to all the arrears from the date of filing of the O.As before the 27 S N,J w,P.No.33175 2023 Tribunal. No costs. Conpequently, miscellaneous petitions pending, if any, shpll stand closed." T2. TA INTO IDE N a) The aforesaid facts I circumstances of the case, b) The submissions made the learned counse! appearing on behalf of the Pe titione.s and the learned Assistant Government Pleadel for Services appearing on behalf of the resPonden tF and upon consent of both the learned counse! on rQcord, c) The contents of the i No.AGM-PROJ/ 40/ 2021 I pugned Speaking order 30.09.2023 of the respondent No.3 (referred to fnd extracted above), q d) The contents of the lett r No. SHU(1)4314/2OtO, dated O6.O7.2012 issued b, the Commissioner and Director of Agricultura! M Government of Andhra Pradesh, HYderabad, addressed to the SPecial Agricultural and Chief Secretary to Gover4ment, keting, 'l' Marketang Department, dovernment of Andhra ) 28 5N,.1 W P.No.33175 202 3 Pradesh, Hyderabad (referred to and extracted above), e) G.O.Rt. No. BL4, Agricultural Marketing and Cooperation (AM. III) Department, dated 07.06.2013 ( referred to and extracted above) and, f) G.O.Rt. No. 33 Department for Women, Children, Disabled and Senior, dated 13.04.2O1g (referred to and extracted above), S) The observations of the Apex Court and Division Bench of this court in Judgments (referred to and extracted above) and the same are enlisted herein below: (i) (2OL7) 1 Supreme Court Cases 148 (ii) w.P.No.5556 of 2018 and batch The writ petition is allowed and the impugned order dated 3O.O9.2O23 passed by the respondent No.3 is set aside. The matter is remitted to the respondent No.3 for reconsideration of the request of the petitioners working in various AMCs outsourcing for implementation of minimum time scale of llth pRC 29 S N,J W.P.No.33175 2023 in accordance to law, in confofmity of principles of natural iustice by providing an opPortunity of personat hearing to the petitioners duly taking into consideration the observations pf the Apex Court and Division Bench of this Court in i$s judgments (referred also the relevant to and extracted above) documents in support of petilioners case and pass od of three (3) weeks appropriate orders within a nerf from the date of receiPt of a c duly communicate the decisi{ However, there shal! be no ord r as to costs. n to the Petitioners. of this order and ",tld q i Miscellaneous aPPlications, i any, pending shall stand closed SD/- A.H.S. GOWRI SHANKAR ASSISTANT REGISTRAR ._Jr\N bFFrcER SECT //TRUE CqPY// I To, 2 Agricultural Marketing and Co- nning Department, Telangana 1 . The Prinicipal Secretary, State eration Department, Secretari e Principal Secretary, Fina of TelIngana, at, Hy{erabad nce {nd Pla Th Secretariat, Hyderabad The Commissioner and Director of A ricultural Marketing Department, BRKR 9 Bhavan, Tank Bund , Hyderabad The District Marketing Officer, Jogula ba Gadwal District The District Marketing Officer, Nagark rnool District The District Marketing Officer, Wanap rthy District The District Marketing Officer, Ranga ddv The Diskict Marketing Officer, Nalgo The District Marketing Officer, Nizama ad The District Marketing Officer, , Kama The Secretary, Agriculture Market Co The Secretary, Aqriculture Market Co mittee, Jogulamba Gadwal District. mittee, Naoarkurnool District 3

4. 5. 6. 7. o. 9. 10 11 12 a '1 3.The Secretary, Agriculture Market Committee, Wanaparthy District '14. The Secretary, Alriculture lvlarket Committee' Rangareddy' 1 5. The Secretary, Agriculture [r4arket Committee, Nalgonda ' 16.The Secretary, A!riculture Market Committee, Nizamabad' 1 7. The Secretary, A6riculture l\/arket Committee, KamareQdy 18.One cc to sRl. GunnRvt sRlNlvAS Advocate [OPUC] i9.i;; ccs to Gp FoR sERVICES tlt ,High court for the Srate of Telangana at 20 Tft; ccs to Cp Fon senvtces t, High court for the State of Telangana, at Hyderabad [OUT] Hyderabad [OUT]

21.Two CD Copies BM PVL HIGH COURT DATED:1610612025 CC TODAY .2..- ;R 1,1 '( <) -l- -t ?025 * (: t-\ /,_: i_ * ORDER WP.No.33175 of 2023 / , // I /7 ALLOWING THE WRIT PETITION WITHOUT COSTS