M. Baswaraja vs The District Panchayath Officer, ...
2023 Latest Caselaw 1307 Tel

     THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR

                WRIT PETITION(TR) No.2736 of 2017

ORDER:

The present writ petition is filed seeking to declare the

action of the respondents that even after granting last grade pay

scale with usual allowances to the petitioners, not releasing the

Annual Grade Increments even after completing required service

for regular scale of pay, as illegal and irregular and

consequently sought for a direction to the respondents to

release the Annual Grade Increments attached to the last grade

pay scale from the date of their eligibility with all consequential

monetary benefits including arrears.

2. The learned Counsel for the petitioners submits that

petitioners were appointed on different dates in last grade pay

scale and they have been continuously working on full time

basis since their initial appointment to till date. Initially they

were appointed on the fixed pay of Rs.200/-, Rs.300/-.

Subsequently, their pay was increased to the last grade pay

scale with D.A and H.R.A vide proceedings No.A1/2429/95,

dated 06.09.1995, but they are getting last grade pay scale with

D.A and H.R.A without annual grade increments. The main

grievance of the petitioners is that they are not being paid

according to the revised pay scale and annual grade increments

were also not paid. As the petitioners discharging similar work

as a regular Class-IV employee, the principle of "Equal pay for

Equal work" is applicable to them.

3. The learned Counsel for the petitioners further submitted

that in the similarly situated case, a Division Bench of this

Court, by Order dated 30.082011 has given a direction in

W.P.No.24130, 24330 and 24344 of 20111 relying on the

decision of the Hon'ble Supreme Court in the case of Bhagwan

Sahai Carpender Vs. Union of India,2 wherein it was held as

follows:

"The state is obliged to make casual employees the same payment as the regular employees are getting because the emphasis in the decisions of the Court is upon the feature that equal pay for equal work is a constitutional goal to our socialist polity and the Hon'ble Supreme Court given a clear direction to sanction Annual Grade Increments to casual employees in the Government establishment."

He further submitted that in view of the aforesaid decision of

the Hon'ble Supreme Court, petitioners are entitled to get last

grade pay scale benefits on par with the regular employees from

2012(1) ALD 26

1989 (2) SCC 299

their initial appointment to till date along with Annual Grade

Increments as per the Orders passed by the Hon'ble High Court

including arrears.

4. The learned Counsel for the petitioners also submits that

a Division Bench of this Court in W.P.No.16996 of 2012 dated

12.06.2012, held as follows:

"The respondents 1 to 5 in O.A.No.9079 of 2011 filed the instant writ petition assailing the order dated 24.11.2011 of the Andhra Pradesh Administrative Tribunal in the said O.A. Following its earlier order in O.A.No.1507 of 2011, the learned Tribunal allowed the said O.A filed by the respondents 1 to 5 (hereafter, the applicants) directing to grant annual grade increments to the applicants in the time scale and also give the benefit of pay revisions made from time to time. The subject matter of this writ petition is squarely covered by the judgment of the Division Bench of this Court to which one of us (VVSR,J) is a member. The special Counsel does not dispute this. Further, the attention of this Court is also invited to an unreported order dated 30.08.2011 in W.P.No.23197 of 2011 wherein similar writ petition was dismissed. The said writ petition was filed against O.A.No.1507 of 2011 which followed O.A.No.7915 of 2002 which received the approval of this Court as well as the Supreme Court. The Special Counsel, however, submits that the Government order being G.O.Rt.No.1475, dated 27.10.2007 escaped the attention of the learned Tribunal and, therefore, the matter requires reconsideration. We are afraid, the submission is misconceived. We have perused G.O.Rt.No.1475 and it does not in any manner impact the position clarified by

the learned Tribunal in its earlier orders which are approved by this Court.

The writ petition, as also miscellaneous petition, is accordingly dismissed without any order as to costs."

5. The learned Counsel for the petitioners further submitted

that thereafter, the matter was carried to the Hon'ble Supreme

Court by the Government vide Special Leave to Appeal

No.37870 of 2012 and the same was dismissed vide Order

dated 14.10.2014, which was extracted hereunder:

"We find no merit in the special leave petition, it is accordingly dismissed.

However, the question of law is kept open for determination in an appropriate case."

6. He further submits that after examining the matter

carefully, Government has decided to implement the orders of

APAT to grant annual grade increments in the time scale

wherein the pay was fixed and also to pay the arrears and to

extend the benefit of further pay revision made from time to

time and accordingly issued G.O.Ms.No.468, Panchayat Raj &

Rural Development (PR-II) Department, dated 23.07.2015. In

view of the same, the learned Counsel for the petitioners

submits that the case of the petitioners herein is also stands on

the same footing as that of the petitioners therein and requested

this Court to pass similar orders.

7. When the matter came up for hearing on several

occasions, the Government Pleader for Services-II took time to

file Counter, but till date no counter has been filed. On

10.02.2023, it was made clear that further adjournment will not

be granted. However, the G.P for Services-II submitted

Para-wise remarks in which it was stated that petitioners were

engaged on daily wage basis by the then Sarpanch of Gram

Panchayat to extract the work and that they have paid revised

rates of remuneration from time to time. He further stated that

Gram Panchayat is not having sanctioned strength for

regularization of services of the petitioners and as such they

were allowed revised rates of remuneration from time to time.

Though the petitioners were engaged by the Sarpanch of Gram

Panchayat Pargi on daily wage basis, the Sarpanch is not the

competent authority to appoint any employee of the Gram

Panchayat without following the rules and obtaining permission

from the competent authority. Since no funds were available in

the Gram Panchayat, the request of the petitioners for release of

annual grade increments cannot be considered at this stage

keeping in view the financial position of the Gram Panchayat.

8. He further stated that Panchayat Raj Department has

issued certain guidelines in G.O.Ms.No.212 and 112, for

regularization of services of Gram Panchayat employees and as

per norms, the cases were examined by the first respondent and

found that they are not eligible for regularization under the

instructions mentioned in G.O.Ms.No.30, PR, dated 20.01.1995

passed by the PR & RD Department.

9. The learned Government Pleader for Services-II further

submits that petitioners shall have to make a representation to

the respondents bringing forth their grievances along with the

decisions relied upon by them and on filing of such

representation, the respondents may be directed to pass

appropriate orders thereon.

10. Recording the aforesaid submissions of learned Counsels

appearing on either side, this Court deems it appropriate to

dispose of the writ petition with a direction to the petitioners to

submit a representation to the respondents bringing forth their

grievances, within a period of two weeks from the date of receipt

of a copy of this Order, and on such representation being filed,

the respondents shall dispose of the same as expeditiously as

possible preferably within a period of six (6) weeks thereafter by

affording an opportunity of hearing to the petitioners and pass

appropriate orders strictly in accordance with law and

communicate the Order to the petitioners forthwith.

11. Accordingly, the Writ Petition is disposed of. There shall

be no order as to costs.

Miscellaneous petitions pending, if any, shall stand

closed.

_________________________________ JUSTICE N.V.SHRAVAN KUMAR DATED: 17.03.2023 tri

THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR

WRIT PETITION(TR) No.2736 of 2017

DATED: 17.03.2023

TRI