Telangana High Court
Professor Jayashankar Telangana ... vs B.Kumar, on 11 November, 2021
Bench: Satish Chandra Sharma, A.Rajasheker Reddy
The Hon'ble The Chief Justice Satish Chandra Sharma
and
The Hon'ble Sri Justice A. Rajasheker Reddy
Writ Appeal No.220 of 2019
Judgment: (Per the Hon'ble the Chief Justice Satish Chandra Sharma)
The present Writ Appeal is arising out of Order
dated 26.04.2016, passed by the learned Single Judge, in
W.P.No.27776 of 2014.
2. The facts of the case reveal that respondents No.1 to 6/writ
petitioners, who were daily wagers, came up before this Court for
grant of minimum of the pay scale based upon a Government Order
i.e., G.O.Ms.No.286 dated 08.10.2008 and the learned Single Judge has
allowed the Writ Petition holding that the daily wagers are entitled to
minimum of the pay scale.
3. The undisputed facts of the case reveal that respondents No.1
to 6 are working as daily wagers and they were earlier employees of
Acharya N.G.Ranga University (for short 'the ANGRAU'). The daily
wagers working in the ANGRAU made a demand for grant of regular
pay scale at par with other regular employees and after a long
correspondence between the ANGRAU and the State Government,
on 22.09.2007, the Board of Management of the ANGRAU resolved
vide Resolution No.8337 to consider the cases of the daily wagers for
grant of regular pay scale. The Government of Andhra Pradesh,
based upon the recommendations of the ANGRAU, finally issued
G.O.Ms.No.286 dated 18.10.2008, granting minimum of the pay scale
along with Dearness Allowance to all the casual labourers working in
ANGRAU. It has also resolved not to make any further
appointments on adhoc basis/casual basis.
4. The undisputed facts of the case further reveal that after
establishment of the State of Telangana, ANGRAU was allocated to
the State of Andhra Pradesh and a new university viz., Professor
Jaishankar Telangana State Agricultural University (for short 'the PJS
University') was established for the State of Telangana and the
employees, who opted to remain in the State of Telangana including
daily wagers, became the employees of the PJS University.
5. The employees, who continued as employees of ANGRAU
were granted the benefit of minimum of the time scale on account of
G.O.Ms.No.286 dated 18.10.2008, issued by the undivided State. The
employees, who were allocated to the PJS University came up before
this Court by filing W.P.No.27776 of 2014 claiming the benefit of the
said G.O.Ms.No.286 dated 08.10.2008. The said GO is reproduced
as under:
"In the reference 1st read above, the Andhra Pradesh
State Council of Higher Education, Hyderabad has resolved
to give the monitory benefits equivalent to that of time-scale
to all the NMRs who are working before the cut-off date of
25.11.1993 and also to fix the consolidated pay based on
their services while keeping a minimum consolidated pay
equivalent to that of time scale of pay.
2. In the light of the resolution of the Andhra Pradesh
State Council of Higher Education, Hyderabad, in the
refercnce 1st read above, the Registrar, Acharya N.G.Ranga
Agricultural University, has requested in the reference 2nd
read above, for sanction of 2335 additional supernumerary
posts in Last Grade Services of ANGRAU in addition to the
existing posts to enable the University to regularise the
services of eligible casual labourers through appointing them
in Class IV posts and to assign Class IV Scale of pay, and
these posts, that will be created now in addition to the
existing cadre strength of Class IV services will be filled up as
'Coterminus' posts, which will cease to exist as soon as the
incumbents retires from their service.. The Registrar,
ANGRAU, has further requested to accord sanction of 2335
additional posts in Last Grade Services (Class-IV) Category
or given concurrence for payment of remuneration equal to
the minimum of the time-scale & DA+HRA etc., to all the
casual labourers, working in the University.
3. After careful examination, Government hereby accord
sanction for pay + DA to the casual labourers who are
working in Acharya N.G. Ranga Agricultural University,
subject to freezing further total adhoc appointments under
any guise/nomenclature, and the additional expenditure shall
be met from out of the block-grant from prospective date.
4. The Registrar, Acharya N.G. Ranga Agricultural
University, Rajendranagar, Hyderabad shall take further
necessary action in the matter.
5. This order issues with the concurrence of Finance
(PC.III) vide their U.O.No.26151-A/439/Ai/PC.III/08,
dt.19.09.2008."
6. In the considered opinion of this Court, learned Single Judge
was justified in directing the appellant/PJS University to extend the
benefit of the above G.O. to daily wagers as the issue in respect of
grant of minimum of the pay scale has attained finality in the case of
State of Punjab and others vs. Jagjit Singh and others1.
(2017) 1 SCC 148
7. The Apex Court, in the aforesaid case, has also held that an
employee, who is serving as daily wager, is entitled for grant of
minimum of the pay scale.
8. Resultantly, this Court does not find any reason to interfere with
the order passed by the learned Single Judge. However, respondents
No.1 to 6/daily wagers shall be entitled for consequential benefits
arising out of G.O.Ms.No.286 dated 08.10.2008 at par with the
employees of ANGRAU serving as daily wager.
9. Writ Appeal is dismissed.
Consequently, Interlocutory Applications, pending if any, stand
dismissed.
_______________________
Satish Chandra Sharma, CJ
____________________
A. Rajasheker Reddy, J
Date:11.11.2021
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