Punjab And Others vs . Jagjit Singh And
2023 Latest Caselaw 3249 AP

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      HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
            MAIN CASE No.: C.C. No. 1025 of 2019
                         PROCEEDING SHEET

Sl.
                                        ORDER

No. DATE

13. 27.06.2023 RNT,J

1) Sri. M.R. Prasanna Kumar, Secretary, the A.P. Residential Educational Institution Society, and Sri. B. Rajshekar, Principal Secretary, School Education Department, the Respondent Nos. 1 and 2, respectively, are present.

2) The Respondent Nos. 1 and 2 have been transferred and consequently it is submitted that they are not in a position to implement the Interim Order, dated 25.09.2018.

3) Learned Counsel for the Respondents submits that I.A. No. 1 of 2020 has been filed in the Writ Petition for vacation of the interim order and in view thereof tries to justify the action of the Respondents in not complying with the interim order.

4) I.A. No. 1 of 2020 has been rejected by the order passed today.

5) The law on the applicability of principle of equal pay for equal work in relation to temporary employees, including the daily wage employees, has been settled

by the Hon'ble Apex Court in State of Punjab and others Vs. Jagjit Singh and Others1, that the said principle is applicable to them also.

6) The interim order, dated 25.09.2018, was passed referring to the judgment of the Hon'ble Apex Court in Jagjit Singh (supra).

7) It is not the case of the Respondents in I.A. No. 1 of 2020 that the Petitioners were not rendering similar duties and responsibilities as were being discharged by the regular employees, holding the same/corresponding posts.

8) I.A. No. 1 of 2020, prima facie, was an effort, not to comply with the interim order, as the law was settled and the stated ground was not available for vacation.

9) On 10.05.2023, in the Contempt Case, the following Order was passed:

"Respondents are directed to implement the orders of the Hon'ble Court in I.A.No.1 of 2018 in W.P.No.34197 of 2018 dated 25.09.2018 by the next date of hearing. Otherwise, the respondents shall present before the Hon'ble Court.

Post on 26.06.2023."

10) In-spite of the above, the Respondents have not complied with the order.

(2017 (1) SCC 148)

11) Learned Counsel for the Petitioners submits that, an application to implead the present incumbent on the posts of Respondent Nos. 1 and 2 has been filed today in the Registry.

12) List the matter on 11.07.2023.

13) On the next date(s), the Court shall proceed to frame charges against the Respondent Nos. 1 and 2.

14) The Respondent Nos. 1 and 2 shall appear personally on the date fixed.

_______ RNT, J

SM/.