Telangana High Court
Smt. K.Latha vs The District Collector Pr ... on 15 September, 2022
Bench: P.Madhavi Devi
THE HONOURABLE SMT. JUSTICE P. MADHAVI DEVI
WRIT PETITION (TR) NO.6041 OF 2017
ORDER
The present Writ Petition is filed seeking a declaration that the
action of the respondents in not paying minimum time scale of pay
attached to the post of Typist to the petitioner even though she is
working continuously for more than 26 years, as illegal, arbitrary and
unconstitutional.
2. It is submitted that the petitioner has been appointed as a Typist
on NMR basis with effect from 18.12.1989 and since then, she has been
discharging her duties as such without any complaint from any quarter.
It is submitted that the petitioner had submitted a representation to the
respondents to regularise her services, but the respondents, instead of
regularising her services, had terminated her services and therefore, she
had approached the A.P. Administrative Tribunal by filing O.A.No.6132
of 1995. It is submitted that initially, the Tribunal had granted interim
order to continue the services of the petitioner and ultimately by order
dt.27.02.2001, the OA was disposed of directing the respondents to
W.P. (TR) No.6041 of 2017
regularise the services of the petitioner if she fulfils the conditions laid
down in G.O.Ms.No.212 F&P (PC.III) Department, dt.22.04.1994
irrespective of whether the petitioner completed 5 years as on the cut-off
date mentioned in the G.O. and without insisting on existence of a
vacancy. It is submitted that though the petitioner was continued in
service thereafter, she is being paid lesser pay and therefore, the present
Writ Petition is filed. In support of her contention that she is eligible for
the minimum time scale of pay attached to the post, the learned counsel
for the petitioner relied upon the judgment of this High Court
dt.30.08.2011 in W.P.No.24130 of 2011 and batch, wherein the
principle of equal pay for equal work was applied and the Government
was directed to make payment of the minimum time scale of pay
attached to the post. The petitioner is seeking similar relief in this Writ
Petition.
3. Learned Government Pleader for Services-II submitted that the
petitioner has not made any representation to the respondents and when
such representation is made, the respondents would consider the same in
accordance with law.
W.P. (TR) No.6041 of 2017
4. Leaned counsel for the petitioner, Sri Santhapur Satyanarayana,
sought liberty from this Court to make a representation to the
respondents and further prayed that the respondents may be directed to
consider the said representation in the light of the above cited judgment
and pass appropriate orders thereon extending minimum time scale of
pay attached to the Typist post to the petitioner.
5. In view of the above submissions, the petitioner is given liberty to
make a representation to the respondents within a period of ten (10) days
from the date of receipt of a copy of this order and on such
representation being made, the respondents shall consider the same and
extend the benefit of minimum time scale of pay attached to the post of
Typist to the petitioner in accordance with rules and also the judgment
of the Hon'ble Supreme Court in the case of State of Punjab and
others Vs. Jagjit Singh and others1. The respondents shall pass
appropriate orders on the representation of the petitioner within a period
of four (4) weeks from the date of receipt of the representation from the
petitioner.
(2017) 1 SCC 148
W.P. (TR) No.6041 of 2017
6. The Writ Petition is accordingly disposed of. No order as to costs.
7. Pending miscellaneous petitions, if any, in this Writ Petition shall
stand closed.
___________________________
JUSTICE P. MADHAVI DEVI
Date: 15.09.2022
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