Andhra Pradesh High Court - Amravati
Case Of The vs Jagjit Singh' [2017(1) Scc 148] ... on 20 July, 2022
HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
MAIN CASE: W.P.No.17854 of 2022
PROCEEDING SHEET
Sl. DATE ORDER OFFICE
No. NOTE
03 20.07.2022 KVL,J
Learned Government Pleader for Services takes
notice on behalf of respondents 1 to 4 and Sri
V.Vinod K. Reddy, learned standing counsel, takes
notice on behalf of respondents 5 to 18 and seeks
time to file counter-affidavits.
List the matter after eight (8) weeks.
IA No.1 of 2022
Case of the petitioners is that, they are working
as Data Entry Operators in various Gram Panchayats
of Chittoor District; Government fixed minimum
time scale of Rs.18,500/- per month to the Data
Entry Operators as per G.O.Ms.No.7 Finance
Department dated 17.01.2022 and the judgments of
the Hon'ble Supreme Court in 'State of Punjab vs.
Jagjit Singh' [2017(1) SCC 148] and in 'Sabha
Shanker Dube vs. Divisional Forest Officer' [2018(14)
SCALE 765] applies to the facts of the present case
and the petitioners are entitled for minimum time
sale attached to the said post.
Learned counsel for the petitioners submits that
in similar facts and circumstances, this Court in WP
No.2615 of 2019 dated 29.08.2019 granted
minimum time scale to the petitioners therein and
hence, petitioners are also entitled for minimum
time scale.
Learned Government Pleader passed on the
written instructions of the District Gram Panchayat
Officer, Tirupati dated 02.07.2022 stating inter-alia
that petitioners were selected as Data Entry
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WP No.17854 of 2022
Operators and allotted to the Group of Panchayats
in the District for working on hourly basis,
maximum 180 hours with Rs.9000/- as rent/fees to
them and that the petitioners are not appointed
against the regular posts or any post created or any
other post like, NMR, Fixed pay, daily wages/
contract basis etc., and that G.O.Ms.No.7 dated
17.01.2022 does not apply to the facts of the
present case.
The appointment orders pertaining to the
petitioners are not filed along with the writ
petition. It is only stated that they are appointed
as Data Entry Operators and the terms and
conditions of the appointment of the petitioners
are not known. G.O.Ms.No.7 dated 17.01.2022 is
issued enhancing remuneration to the out-sourcing
employees under the purview of Andhra Pradesh
Corporation for Outsourcing Services [APCOS]. Even
though the said G.O. deals with the category of
Data Entry Operators also, who are entitled for
Rs.18,500/-, however, in the said G.O., it is
specifically stated that it is applicable only to the
out-sourced Manpower under APCOS. In the
affidavit filed in support of the writ petition, it is
not stated that the petitioners are out sourcing
employees and they are under the purview of
APCOS and hence, G.O.Ms.No.7 is not applicable to
the petitioners.
In the memo dated 11.09.2018 of the District
Panchayat Officer, Chittoor, which is filed along
with the writ petition, it shows that permission was
given by the Government to hire the services of
Data Entry Operators on hourly basis to fulfil the
obligatory requirements of the Gram Panchayats on
e-Panchayat applications, Digital Panchayat
applications and PRIS applications, depending upon
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WP No.17854 of 2022
the population of the Gram Panchayat; number of
hours permitted for hiring resource personnel is
also mentioned and the rate per hour is Rs.50/-.
The affidavit does not contain the details with
regard to population of the gram panchayats in
which the petitioners are working and the said
order also shows that the services of the Data Entry
Operator should not be more than 200 hours per
month.
In the order relied upon by the learned counsel
for the petitioners in WP No.2615 of 2019,
petitioners therein filed the said writ petition to
declare the action of respondents in not paying
minimum of the time scale to the petitioners
therein, which are applicable to the regular
employees holding the same post. Learned
Government Pleader submits that against the said
orders, a writ appeal has been filed and the same is
pending. Nature of employment of the petitioners
therein is not reflected in the order.
In the judgment of the Hon'ble Supreme Court in
Jagjit Singh's case, which is relied upon by the
learned counsel for the petitioners, the issue
therein was whether the temporary employees/
daily wagers/contract employees are entitled for
minimum pay scale on account of their performing
the duties which are discharged by those engaged
on regular basis against sanctioned posts and the
Hon'ble Supreme Court held that the appellants
therein are entitled to be paid the minimum of pay
scale applicable to the regular employees working
in sanctioned posts.
Admittedly, the petitioners herein were
appointed to work as Data Entry Operators on
hourly basis and hence the said judgment does not
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WP No.17854 of 2022
apply to the petitioners herein.
In the facts and circumstances, no interim
direction as sought for can be granted in favour of
the petitioners and, accordingly, IA No.1 of 2022 is
dismissed.
_______
KVL, J
BSS
KVL, J
WP No.17854 of 2022
