G.Srinivas vs The State Of Telangana
2023 Latest Caselaw 991 Tel

            HONOURABLE SRI JUSTICE E.V.VENUGOPAL

                    WRIT PETITION No.6246 of 2020

ORDER:

1 Heard Sri Maddileti Maramunagala, learned counsel for the

petitioners and the learned Government Pleader for Services III for

the respondent.

2 Seeking to declare the inaction of the respondents in

implementing the pay scale of the last grade servants from 2010

onwards as illegal and arbitrary and to direct the respondents to

pay the enhanced wages enhancing the wages from 6,700/- to

13,000/-, the petitioners fled the present writ petition under Article

226 of the Constitution of India.

3 The case of the petitioners is that the petitioners have been

working in the Agriculture Marking Committee as Security Guards

for a long time. They are authorized to collect the market fee as per

the provisions of the Telangana Agriculture Products and Market

Rule No.78. Guidelines were issued as per Circular dated

28.03.2012 wherein it was stated that all personnel engaged on

outsourcing basis shall be through an Agency selected by the

District Collector. The Commissioner and Director of Agriculture

Market Committee, Government of A.P. issued guidelines vide

Letter S-III (1) 4314/2010 dated 06.07.2012 fixing the

remuneration of Rs.6,700/- per month on par with last grade

employees to the security guards working in the Agriculture

Market Committee (AMC). It is further submitted that the Principal

Secretary to the Government directed the Commissioner and

Director AMC on 06.03.2014 not to remove the security guards

working at present in the AMCs throughout the State pending re-

organisation of the State and restructuring of vigilance and

security human resource policy. It is further submitted that

petitioners submitted a representation on 10.08.2014 for payment

of DA & HRA in addition to the consolidated wages of Rs.6,700/-

paid to them and to regularize their services. It is further

submitted that the Director of Agriculture Marketing Committee

through letter dated 27.08.2015 requested the Government to

enhance the wages from Rs.6,700/- to Rs.13,000/- which is

minimum time scale post of last grade service as was ordered in

the earlier PRC 2015. It is the further case of the petitioners that

the Additional Director of Marketing vide proceedings dated

09.03.2016 had accorded permission to all the Secretaries of AMCs

for payment of enhanced wages of Rs.12,000/- per month from

January, February and March, 2016 duly meeting from available

savings of AMCs concerned and also permitted to provide sufficient

provisions under relevant head for 2016-17 April onwards. The

Government of Telangana issued G.O.Ms.No.14 dated 19.02.2016

fixing the remuneration for the outsourcing unskilled at

Rs.12,000/- per month and those orders were implemented with

effect from 2016. It is further submitted that instructions were

also issued vide Memo dated 14.06.2017 according permission to

all the AMCs in the State to register separate PF Code for more

than 19 persons and also permitted to pay EPF scale from the

concerned AMCs from April 2017 onwards duly following the

guidelines of the EPF.

4 The learned counsel for the petitioners submits that the

petitioners as security guards are not only guarding the properties

of the AMCs but also collecting the market fee at the check post

and arresting leakage of revenue of the AMCs. He further submits

that the petitioners have to deposit the collected marketing fee into

banks, in other words, they are dealing financial matters of the

AMCs, thereby the petitioners are put to much hardship by the

principal employers of the AMCs and treating of the security guard

on par with watchman and making payment of Rs.12,000/- is

illegal. Therefore, a direction is sought for to implement the pay

scales of last grade employees in the PRC 2015 as implemented to

the regular employees of the Telangana Government and

regularization of their services.

5 The learned counsel for the petitioners further relies upon

the orders passed by the Hon'ble Apex Court in the case of State

of Karnataka Vs. Uma Devi1 and another judgment State of

1 (2006) 4 SCC 1

Punjab Vs. Jagit Singh2 and submits that the case of the writ

petitioners also stands on the same footing.

6 The learned counsel for the petitioners further submitted

that the petitioners have filed W.P.No.1203 of 2019 seeking

regularization of their services in view of the fact that they are

working for the last twenty years. He also seeks to implement the

pay scales of last grade employees as was implemented in the PRC

2015 on par with the regular employees of the Government.

7 On the other hand, the learned Government Pleader, basing

on the averments made in the counter affidavit, submitted that as

petitioner the representation of the Security Guards Union for

payment of HRA and DA and regularization of their services, the

office of the Director of Agricultural Marketing, vide letter dated

10.08.2014 informed to the Government that the service rules of

any service in the department are not applicable to the security

guards engaged through outsourcing agencies by the AMCs to

regularize their services. He further submitted that when the

petitioners are engaged through outsourcing agencies by the

AMCs, their services cannot be regularized and that there are no

such posts of Security Guards existing in the Market Act & Rules.

Hence the regularization of their services does not arise.

2 (2017) 1 SCC 148

8 The learned Government Pleader further submitted that as

per the representation of Telangana Rashtra Market Committee

Security Guards Association, dated 12.09.2016, a report was sent

to the Government on 28.11.2016 stating that 1) the services of the

Security Guards cannot be regularized as IV Class employees of

AMC Service as there are no such Rules in force, 2) the Security

Guards are working in AMCs purely engaged through outsourcing

agencies only and that the removal of 3rd party is not possible and

the AMCs cannot pay them directly from their funds for which

there are no Rules existing, and 3) the Security Guards are being

paid on 3rd party payment basis only and hence provision for

providing DA and HRA cannot be considered.

9 The learned Government Pleader further submitted that

there is no provision for payment of ex-gratia to the Security

Guards, but on humanitarian grounds ex-gratia is being paid by

the AMCs in cases of certain accidental death where the fault does

not lies with them.

10 The learned Government Pleader finally submits that since

the petitioners are not working in sanctioned posts they are not

entitled for regularization and other benefits and prayed to dismiss

the writ petition.

11 Having heard the learned counsel on both sides, this Court

is of the considered opinion that the petitioners are not entitled to

the relief sought for, for the reason that they have not produced

any material to show that the services of the Security Guards can

be regularized as IV Class employees of AMC Service. It is also an

admitted fact that the petitioners have filed W.P.No.1203 of 2019

and in the absence of any adjudication in that writ petition with

regard to their regularization, the present writ petition deserves no

consideration. Further, the petitioners are working in AMCs

purely engaged through outsourcing agencies only and that they

have no direct nexus to the department. Further, the AMCs are not

paying them directly from their funds for which there are no Rules

existing and that the Security Guards are being paid on 3rd party

payment basis only.

12 In the absence of any material available on record fortifying

the stand of the petitioners, this writ petition has no merit to stand

and the same is liable to be dismissed.

13 In the result, the writ petition is dismissed. No order as to

costs. Miscellaneous petitions if any pending in this writ petition

shall stand closed.

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E.V.VENUGOPAL, J.

Date: 28.02.2023 Kvsn