HIGH COURT OF ANDHRA PRADESH:: AMARAVATI
MAIN CASE No: W.P.No.2583 of 2020
PROCEEDING SHEET
Sl. OFFICE
DATE ORDER
No NOTE.
03. 28.02.2022 RNT,J
IA.No.1 of 2022
This application has been filed by the
Nandikotkur Municipality, respondent .
No.4, to vacate the interim order dated 10.02.2020 passed in IA.No.1 of 2020.
I.A.No.1 of 2020 has been filed by the writ petitioners for a direction to the respondents to pay the minimum time-scale to the petitioners in terms of the judgment of the Hon'ble Apex Court in State Of Punjab v. Jagjit Singh [(2017) 1 SCC 148], after ignoring the consequential G.O.Ms.No.142, Finance (HR.I-Plg.& Policy) Department, dated 27.08.2018, which provided that the Full time / NMR / Daily wages /consolidated pay/Part-time employees/Masalchies, appointed before the cut-off date i.e., 25.11.1993, shall be entitled to minimum time scale.
Since the petitioners' appointments were made in the year 1996, i.e., after the cut-off date, the petitioners, prima facie, were not covered under the Government Order and as such the above prayer was made.
This Court, on consideration of the judgment of the Hon'ble Apex Court in Jagjit Singh (Supra) issued direction to the Municipality - respondent No.4 to pay the applicable minimum of the time-scale to the petitioners pending further orders.
In I.A.No.1 of 2022 with counter- affidavit of respondent No.4, this has been 2 stated that the Government Order is not applicable to the petitioners in view of the cut-off date mentioned therein as the petitioners were appointed after that date and as such the interim order dated 10.02.2020 be vacated.
Learned counsel for respondent No.4 submits that the State Government is the competent authority to extend or to change the cut-off date so as to cover the petitioners' case.
This Court finds that the interim order dated 10.02.2020 was granted, considering the Government Order but in the light of the judgment of the Hon'ble Apex Court in Jagjit Singh (supra).
Learned counsel for the petitioners has placed reliance on paragraph 54 of the said judgment, which reads as under:
"There is no room for any doubt, that the principle of „equal pay for equal work‟ has emerged from an interpretation of different provisions of the Constitution. The principle has been expounded through a large number of judgments rendered by this Court, and constitutes law declared by this Court. The same is binding on all the courts in India, under Article 141 of the Constitution of India. The parameters of the principle, have been summarized by us in paragraph 42 hereinabove. The principle of „equal pay for equal work‟ has also been extended to temporary employees (differently described as work-charge, daily-wage, casual, ad-hoc, contractual, and the like). The legal position, relating to temporary employees, has been summarized by us, in paragraph 44 hereinabove. The above legal position which has been repeatedly declared, is being reiterated by us, yet again."
In view of the afore-said, I do not find any ground to vacate the interim order dated 10.02.2020.
I.A.No.1 of 2022 is, therefore, rejected.
________ RNT,J 3 W.P.No.2583 of 2020 Learned Assistant Government Pleader for Services representing respondents 1 to 3 prays for and is granted three weeks further time to file counter-affidavit.
List after three weeks.
________ RNT,J Vjl