Andhra Pradesh High Court - Amravati
Chukka Lakshmi vs The State Of A.P. on 15 February, 2024
IN THE HIGH COURT OF ANDHRA PRADESH ::
AMARAVATI
(Special Original Jurisdiction)
THURSDAY ,THE FIFTEENTH DAY OF FEBRUARY
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE G.NARENDAR
THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY
WRIT PETITION NO: 6686 OF 2018
Between:
CHUKKA LAKSHMI AND OTHERS ...PETITIONER(S)
AND
THE STATE OF A P AND OTHERS ...RESPONDENT(S)
Counsel for the Petitioner(s):SRI. KRISHNA RAO
MODHALAVALASA
Counsel for the Respondents: GP FOR ENDOWMENTS (AP)
The Court made the following:
2
HON'BLE SRI JUSTICE G.NARENDAR
AND
HON'BLE SRI JUSTICE NYAPATHY VIJAY
W.P.No.6686 of 2018
O R D E R:
(Per Hon'ble Sri Justice Nyapathy Vijay)
The present Writ Petition is filed seeking the following
relief:
„...to issue a writ, order or
direction more particularly one in the
nature of writ of Mandamus declaring
the inaction of the respondents in not
absorbing the petitioners, however they
are discharging since from 20 years
against the vacancies caused due to
retirements, promotions, death etc.,
and also not paying the minimum
regular time scale in the Last Grade
Services under the principles of Equal
Pay, Equal work in terms of Apex Court
Judgment reported 2017 1 SCC in
State of Punjab and others V. Jagjit
Singh and others is illegal, arbitrary
and violation of Articles 14 and 21 of
the Constitution of India and
consequently hold that the petitioners
are entitled to be absorbed against the
vacancies caused due to retirements
promotions death etc., pending disposal
of the same...‟
2. The facts of the case are as under:
The petitioners are NMR/consolidated/daily wage
workers of Respondent No.3-temple. The petitioners plead
that they were appointed after interviews and were selected
to various posts under Class-IV category. The petitioners
state that their appointments were with the approval of
respondent No.2 in the year 2000 and 2006. The
petitioners state that they have been discharging their
duties as per the code of honesty, dedication and devotion.
It is their case that they are being paid Rs.8,850/- per
month but are entitled to minimum time scale of pay in the
last grade services as is being given in some other temples
as they are discharging same work. Hence, the present
writ petition was filed relying on the judgment of Hon‟ble
Supreme Court in State of Punjab v. Jagjit Singh and
others reported in 2017 (1) SCC 148.
3. This Court, on 28.02.2018 had issued the following
interim direction, directing the respondents to extend the
minimum time scale to the petitioners subject to they
performing the same duties as other last grade service
workers:
"Having regard to the law declared by
the Supreme Court of India in State of
Punjab Vs. Jagjit Singh and others
(2017 (1) SCC 148), the 3rd respondent
shall examine whether the petitioners
are doing the duties corresponding to
regular employees, who are employed to
do similar jobs in its temple, and also
whether they possess the requisite
qualifications, and if so, within four (4)
weeks, the 3rd respondent shall pay
minimum timescale of pay to the
petitioners, which is payable to regular
employees discharging same duties in
the 3rd respondent temple."
4. No counter affidavit is filed by the Respondents in
this writ petition, but the Government Pleader for
Endowments had stated across the bar that there has been
a conscious decision taken by the Government to extend
minimum time scale to the last grade employees and
submitted two proceedings i.e. R.C.No.A1/1059511/2018
dated 20.07.2018 and memo No.36021/32/Endowments-
1(2)/2018-1 dated 04.07.2018.
5. As per the above proceedings, the Government had
constituted a committee headed by Commissioner of
Endowments as Chairman with four departmental officers
to study and suggest for extension of minimum time scale
of pay to the last grade services to the NMRs and
contractual workers working in various temples under the
Endowments Department. The necessity for constitution of
a committee was due to the fact that writ petitions were
being filed in the High Court by employees similarly
situated as petitioners seeking for minimum time scale on
the basis of the judgment of Hon‟ble Supreme Court
referred above.
6. The Committee submitted a report on 04.06.2018
and the same was accepted by the Government on
04.07.2018 and following directions were issued:
The Commissioner, Endowments Department, Andhra
Pradesh, Gollapudi, Vijayawada, is hereby;
1. directed to issue necessary proceedings to the concerned
Executive Officers of Temples to review their previous proceedings
regarding extension of minimum time scale of pay to the
N.M.Rs/contract employees in Hindu Religious and Charitable
Institutions / Temples of Endowments Department, to maintain
uniformity of pay to N.M.Rs / contract employees, as they are
eligible for minimum time-scale of pay only, without allowances
such as HRA, CCA, DA, etc., in view of G.O.Ms.No.94, G.A.(Ser.A)
Dept, Dt.28.03.2003.
2. requested to direct the Executive Officers of Hindu Religious
& Charitable Institutions/Temples of Endowments Department,
with a direction to extend minimum time-scale of pay to
N.M.Rs/contract employees, payable to corresponding post of
regular employees in the Last Grade Service, working in the said
Institution / Temples, without allowances such as HRA, CCA, DA,
etc., in view of G.O.Ms.No94, G.A. (Ser.A) Dept, Dt.28.03.2003, as
consolidated pay only, subject to fulfillment of the following
conditions:
(a) The Executive Officer of the concerned Institution / Temple
has to certify whether the N.M.R / contract employee is
performing the duties assigned to the corresponding post of
regular employee.
(b) The Executive Officer of the concerned Institution / Temple
has to certify whether NMR/contract employees possess the
requisite qualification for the post held.
(c) The Executive Officer of the concerned Institutions /Temple
has to certify whether N.M.R/contract employee is working
against the sanctioned cadre strength for regular employees
issued by the competent authority and whether permission orders
obtained from competent authority for continuation of services of
such N.M.R/contract employee are in-force, till date.
7. In view of the proceedings dated 04.07.2018, the
Respondent No.3-Devasthanam is directed to extend the
minimum time scale to the petitioners as mentioned in the
letter dated 04.07.2018 subject to cap of expenses @ 30%
towards establishment as prescribed under section 57 of
the A.P.Charitable and Hindu Religious Institutions and
Endowments Act,1987.
8. As regards the relief of regularization, the counsel for
the petitioner does not press for the same and this writ
petition is therefore disposed of limiting the relief to the
petitioners to the extent indicated above. No order as to
costs. As a sequel, pending applications, if any, shall
stand closed.
__________________
G. NARENDAR, J
_____________________
NYAPATHY VIJAY, J
Date: 15.02.2024
KLP
