M V G Raju vs The State Of Ap
2023 Latest Caselaw 987 AP

 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI

              WRIT PETITION No.2597 OF 2019

ORDER:

The petitioner was temporarily appointed as Record

Assistant on consolidated pay of Rs.600/-, in the existing

vacant post caused due to resignation of S.V.Appa Rao, on

the recommendation of Pantham Padmanabham, Founder

Trustee of Sri Venugopala Swamy Temple, Geddanapally, vide

proceedings in Rc.No.A1/2336/93, dated 29.8.1993 as per

the proceedings issued by the Executive Officer of the third

respondent-Sri Veera Venkata Satyanarayana Swamy

Devasthanam, Annavaram. Prior to the petitioner's

appointment, Sri Venugopala Swamy Temple, Geddanapally

was adopted by the third respondent-Devasthanam by

proceedings in D.Dis.No.12/41214/92, dated 24.9.1992

issued by the Office of the Commissioner, Endowments

Department, Andhra Pradesh, Hyderabad.

2. Since the date of appointment, the petitioner has been

working as Record Assistant in Sri Venugopala Swamy

Temple, Geddanapally. The above writ petition was filed

impugning the action of the respondents in not paying the

minimum regular time scale in the Last Grade Service to the

petitioner, as per the judgment of the apex Court in State of

Punjab vs. Jagjit Singh1.

3. Though the petitioner claimed wages in terms of

minimum regular time scale in the Last Grade Service under

the principle of equal pay-equal work, during the course of

hearing, learned counsel for the petitioner, on instructions, in

view of the language employed in Sec 145 of Act 30 of 1987

confined his prayer that the petitioner is entitled to minimum

regular time scale in the Last Grade Service of the persons

employed in Sri Venugopala Swamy Temple, Geddanapally.

4. Learned counsel for the petitioner would contend that

the petitioner has been discharging duties through out the

year without any break. The same was not disputed by the

learned Government Pleader for Endowments. However,

learned Government Pleader would contend that the at the

most, the petitioner is entitled to minimum time scale of Last

Grade Service of the persons working in Sri Venugopala

Swamy Temple, Geddanapally. Learned Government Pleader

also would contend that there is no regular employees with

1 (2017) 1 SCC 148

time scale pay working in the said temple much less

particularly Record Assistant.

5. Undisputed fact is that the petitioner, initially,

appointed as Record Assistant on the consolidated pay of

Rs.600/- per month, which was enhanced from time to time,

and now his pay is Rs.9,000/- per month. Learned

Government Pleader also would contend that Sri Venugopala

Swamy Temple, Geddanapally was adopted by the third

respondent-Devasthanam for maintenance and development.

The income derived by sale of tickets, Hundials and Kanukas

is not sufficient for performance of daily Aradhana as per

Pancharathra Agama Sampradaya. In fact, the expenditure

is being met from the funds of the third respondent-

Devasthanam.

6. In Jagjit Singh's case, the Hon'ble apex Court observed

as follows:

"Having traversed the legal parameters with reference to the application of the principle of 'equal pay for equal work', in relation to temporary employees (daily-wage employees, ad-hoc appointees, employees appointed on casual basis, contractual employees and the like), the sole factor that requires our determination is, whether the concerned employees (before this Court), were

rendering similar duties and responsibilities, as were being discharged by regular employees, holding the same/corresponding posts. This exercise would require the application of the parameters of the principle of 'equal pay for equal work'."

The apex Court further observed that all the temporary

employees concerned would be entitled to claim wages at par

with the minimum of the pay-scale of regular employees

holding the same post.

7. In the case on hand, the petitioner was appointed on

temporary basis in the year 1993 as Record Assistant on the

recommendation of the Founder Trustee of Sri Venugopala

Swamy Temple, Geddanapally. When the petitioner was

appointed, he was being paid consolidated pay of Rs.600/-

per month and the same was enhanced from time to time.

Though it was contended by the learned Government Pleader

that there is no regular income for Sri Venugopala Swamy

Temple, Geddanapally, since the petitioner has been working

in the Temple since 1993, the third respondent shall fix the

minimum time scale, taking into consideration the income

and also the cadre strength of the Sri Venugopala Swamy

Temple, strictly adhering to the provisions of Act 30 of 1987

and the Rules made there under and the pass appropriate

orders. Third respondent also should keep in mind the

expression of Hon'ble Apex Court in paragraph Nos.60 and 61

of Jagjit Singh's case.

8. With the above direction, the writ petition is disposed

of. No order as to costs. As a sequel, pending miscellaneous

petitions, if any, shall stand closed.

_____________________________ JUSTICE SUBBA REDDY SATTI February 21, 2023 vasu