Sri K.Ravichandra, vs The State Of Andhra Pradesh,
2021 Latest Caselaw 4295 AP

             HIGH COURT OF ANDHRA PRADESH

MAIN CASE No: W.P.No.21097 of 2021


                      PROCEEDING SHEET
Sl.                                                                                   OFFICE
      DATE         ORDER
No                                                                                    NOTE.


                   DVSS,J
4)    25.10.2021
                                    I.A.No.1 of 2021.
                        Heard      the     learned       counsel       for      the
                   petitioner    and      Sri   Challa        Shiv    Shankar,
                   learned       Standing            Counsel         for        the
                   3rd respondent.

Learned Government Pleader for Cooperation appears for other respondents.

Learned counsel for the petitioner points out that although the petitioner has been discharging duties for decades as a 'Messenger' he is not being paid the minimum time scale, which is his legal entitlement. Relying on the judgment of the Hon'ble Supreme Court in State of Punjab And Ors Vs Jagjit Singh and Ors reported in AIR 2016 SC 5176, learned counsel for the petitioner submits that the Hon'ble Supreme Court directed that every employee is entitled to minimum timescale even if he is appointed on contract basis or daily wage basis or adhoc basis etc., He therefore submits that this is a statutory requirement, which has to be complied with and they have to pay the minimum timescale as per the Acts to the petitioner.

Sri Challa Shiv Shankar, learned Standing Counsel on the basis of his instructions as per the resolution of December, 2012, the petitioner joined in the

services on consolidated pay @ Rs.6,500 per month and that the same is now enhanced to Rs.8,550/- per month. He submits that the petitioner has been receiving the said consolidated sum without any protest and discharging his duties. Therefore, learned Standing Counsel submits that the petitioner is not entitled to any relief.

This Court, after considering the submissions notices that whether the consolidated pay and conduct of the petitioner would disentitle to final relief or not will have to be examined. However, the fact remains that the Hon'ble Supreme Court in the judgment mentioned above as held that all the employees even though they are appointed on temporary basis etc., are entitled to a minimum time scale. For the present, this Court is of the opinion that the interest of the justice would be sub served if a direction is given to the respondents to pay a minimum time scale that would be applicable to the petitioner with effect from 1st November, 2021 pending disposal of the writ petition.

W.P.No.21097 of 2021

Post on 29.11.2021 in the motion list, for counters.

________ DVSS,J GR