Telangana High Court
Smt. B. Annapurna vs The Executive Engineer on 30 January, 2023
Bench: E.V. Venugopal
HONOURABLE SRI JUSTICE E.V.VENUGOPAL
WRIT PETITION No.3454 of 2018
ORDER:
1 Seeking to declare the speaking order dated 01.10.2015, issued
by the sixth respondent herein, as arbitrary, illegal and contrary to
the law laid down by the Hon'ble apex Court in the case of Secretary,
State of Karnataka Vs. Uma Devi, reported in (2006) 4 SCC 1 and
judgment of the erstwhile composite High Court for the State of
Andhra Pradesh and Telangana, dated 28.08.2014 made in
W.P.No.30530 of 2012 and batch and consequently to direct the
respondents to pay minimum time scale of pay attached to the posts
along with increments with effect from the date of filing of the
O.A.No.5212 of 2015, the petitioners filed the present writ petition.
2 The petitioners assert that they were appointed as part-time
sweepers in the years 1983 and 1985 respectively. Till September,
2016 the petitioners were paid Rs.1,623/- p.m. and from October,
2016 onwards they have been drawing Rs.4,000/- p.m. The
petitioners filed O.A.No.5212 of 2015 before the Andhra Pradesh
Administrative Tribunal seeking to direct the respondents to pay the
minimum time scale attached to the post of Sweeper as per the
judgment passed in W.P.No.30530 of 2012 and batch dated
28.08.2014. In the above O.A. the respondents filed counter affidavit
stating that G.O.Rt.No.357 dated 03.06.2015 does not pertain to the
State of Telangana and that as the petitioners have not fulfilled the
conditions laid down in G.O.Ms.No.112, dated 23.07.1997 for
regularization of their services, the minimum time-scale cannot be
extended to them. Accordingly the petitioners were given the
impugned speaking orders by the sixth respondent. Hence the present
writ petition.
3 The learned counsel for the petitioners submitted that the
petitioners are not seeking regularization of their services; that as all
the petitioners are working since long time, they are entitled to the
Minimum Time Scale of Pay attached to the regular post borne in
terms of Secretary, State of Karnataka Vs. Uma Devi1, and hence,
he prays to allow the Writ Petition.
4 On the other hand, the learned Government Pleader contended
that since all the petitioners were appointed on daily-wage basis, but
not through regular selection process, the question of regularization of
their services does not arise; that unless the services of daily-wage
employees are regularized, the question of payment of Minimum Time
Scale of pay attached to the regular post does not arise.
5 At the time of hearing, the learned counsel for the petitioners as
well as the learned Government Pleader for the respondents
submitted in one voice that the subject matter of the present writ
1 (2006) 4 SCC 1
petition is squarely covered by the order dated 28.08.2014 made in
W.P.No.30530 of 2012 and batch by the erstwhile composite High
Court for the States of Andhra Pradesh and Telangana, whereudner
the Court by following the principle laid by the Hon'ble apex Court in
Secretary, State of Karnataka Vs. Uma Devi2, held as under:
"14. Following the judgment in Secretary, State of
Karnataka Vs. Uma Devi, reported in {(2006) 4 SCC 1}, the
respondents in all the writ petitions are entitled to the wages
equal to the salary at the Lowest Grade of the employees of
their cadre in their respective departments from the date of
judgment of the Tribunal. However, it is made clear that all
the respondents are only daily-wage earners, there would be
no question of other allowances being paid. Therefore, the
impugned order to the extent of directing the Government to
pay Minimum Time Scale of Pay together with Dearness
Allowance and also back wages for three years prior to filing
of aforesaid Original Applications is set aside and modified
as indicated above."
6 Therefore, following the aforesaid order and for the reasons
recorded therein, the writ petition is allowed in terms of the said order
holding that the petitioners herein are entitled to the wages equal to
the salary at the Lowest Grade of the employees of their cadre in their
respective departments only but without any back wages
prospectively. 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:30.01.2023
kvsn
2 (2006) 4 SCC 1
