HONOURABLE SRI JUSTICE E.V.VENUGOPAL
WRIT PETITION No.3454 of 2018
ORDER:
1 Seeking to declare the speaking order dated 01.10.2015, issued by the sixth respondent herein, as arbitrary, illegal and contrary to the law laid down by the Hon'ble apex Court in the case of Secretary, State of Karnataka Vs. Uma Devi, reported in (2006) 4 SCC 1 and judgment of the erstwhile composite High Court for the State of Andhra Pradesh and Telangana, dated 28.08.2014 made in W.P.No.30530 of 2012 and batch and consequently to direct the respondents to pay minimum time scale of pay attached to the posts along with increments with effect from the date of filing of the O.A.No.5212 of 2015, the petitioners filed the present writ petition. 2 The petitioners assert that they were appointed as part-time sweepers in the years 1983 and 1985 respectively. Till September, 2016 the petitioners were paid Rs.1,623/- p.m. and from October, 2016 onwards they have been drawing Rs.4,000/- p.m. The petitioners filed O.A.No.5212 of 2015 before the Andhra Pradesh Administrative Tribunal seeking to direct the respondents to pay the minimum time scale attached to the post of Sweeper as per the judgment passed in W.P.No.30530 of 2012 and batch dated 28.08.2014. In the above O.A. the respondents filed counter affidavit stating that G.O.Rt.No.357 dated 03.06.2015 does not pertain to the 2 State of Telangana and that as the petitioners have not fulfilled the conditions laid down in G.O.Ms.No.112, dated 23.07.1997 for regularization of their services, the minimum time-scale cannot be extended to them. Accordingly the petitioners were given the impugned speaking orders by the sixth respondent. Hence the present writ petition.
3 The learned counsel for the petitioners submitted that the petitioners are not seeking regularization of their services; that as all the petitioners are working since long time, they are entitled to the Minimum Time Scale of Pay attached to the regular post borne in terms of Secretary, State of Karnataka Vs. Uma Devi1, and hence, he prays to allow the Writ Petition.
4 On the other hand, the learned Government Pleader contended that since all the petitioners were appointed on daily-wage basis, but not through regular selection process, the question of regularization of their services does not arise; that unless the services of daily-wage employees are regularized, the question of payment of Minimum Time Scale of pay attached to the regular post does not arise. 5 At the time of hearing, the learned counsel for the petitioners as well as the learned Government Pleader for the respondents submitted in one voice that the subject matter of the present writ 1 (2006) 4 SCC 1 3 petition is squarely covered by the order dated 28.08.2014 made in W.P.No.30530 of 2012 and batch by the erstwhile composite High Court for the States of Andhra Pradesh and Telangana, whereudner the Court by following the principle laid by the Hon'ble apex Court in Secretary, State of Karnataka Vs. Uma Devi2, held as under:
"14. Following the judgment in Secretary, State of Karnataka Vs. Uma Devi, reported in {(2006) 4 SCC 1}, the respondents in all the writ petitions are entitled to the wages equal to the salary at the Lowest Grade of the employees of their cadre in their respective departments from the date of judgment of the Tribunal. However, it is made clear that all the respondents are only daily-wage earners, there would be no question of other allowances being paid. Therefore, the impugned order to the extent of directing the Government to pay Minimum Time Scale of Pay together with Dearness Allowance and also back wages for three years prior to filing of aforesaid Original Applications is set aside and modified as indicated above."
6 Therefore, following the aforesaid order and for the reasons recorded therein, the writ petition is allowed in terms of the said order holding that the petitioners herein are entitled to the wages equal to the salary at the Lowest Grade of the employees of their cadre in their respective departments only but without any back wages prospectively. No order as to costs. Miscellaneous petitions, if any, pending in this writ petition shall stand closed.
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E.V.VENUGOPAL, J.
Date:30.01.2023 kvsn 2 (2006) 4 SCC 1