G.Bhaskar vs The State Of Telangana

  THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
                                               AND
            THE HON'BLE SRI JUSTICE N. TUKARAMJI

                               W.A.No.1884 of 2017
JUDGMENT:        (Per the Hon'ble the Chief Justice Satish Chandra Sharma)



     Learned counsel for the parties have informed this court that

identical writ appeals i.e., W.A.No.127 of 2020 and batch have

been disposed of on 08.11.2021. The order passed in W.A.No.127

of 2020 and batch reads as under:-

            "The present appeals arise out of Common Order dated
     14.08.2019, passed by the learned Single Judge in separate but
     similar Interlocutory Applications bearing I.A.No.1 of 2019 in
     W.P.Nos.39715, 44703, 44688, 40815, 44815, 44809, 44914,
     41235, 41459, 41172 and 45068 of 2018.
     2.     The facts of the case reveal that the learned Single Judge,
     keeping in view the judgment delivered in the case of State of
     Punjab and others vs. Jagjit Singh and others ((2017) 1 SCC

     148), has directed grant of minimum pay scale to the persons
     working at Niloufer Hospital.
     3.     It     has     been      stated      in   the     writ    appeals   that   the
     respondents/writ petitioners before the learned Single Judge are

not at all employees of the State Government; that they were never engaged by the State Government at any point of time and that they are employees of an Agency. It has been further stated that the Agency was not impleaded before the learned Single Judge and the issue has yet to be decided by the learned Single Judge. There is a specific plea raised in the counter-affidavit filed before the learned Single Judge.

4. Resultantly, without adverting to the merits of the case, the impugned Common Order dated 14.08.2019, passed by the learned Single Judge is, hereby, quashed. The learned Single Judge is requested to decide the matter on merits at an early date, preferably, within three months from today.

5. With the aforesaid direction, all these Writ Appeals are allowed. Consequently, Interlocutory Applications, pending if any, stand disposed of.

In the light of the aforesaid, the present appeal is also allowed. The judgment dated 08.11.2021 delivered in W.A.No.127 of 2020 shall be applicable mutatis mutandis in the present case.

The impugned order passed by the learned Single Judge is set aside. The learned Single Judge is requested to decide the matter on merits in accordance with law.

Pending miscellaneous applications, if any, shall stand closed. There shall be no order as to costs.

___________________________ SATISH CHANDRA SHARMA, CJ _______________________ N. TUKARAMJI, J 01.12.2021 JSU