Dismissed

Professor Jayashankar Telangana State Agricultural University v. B.Kumar

Telangana HC11 Nov 2021WA/220/2019

Case brief

AI extract

What is this about?

The High Court dismissed the Writ Appeal filed by the Prof. Jayashankar Telangana State Agricultural University. The Court upheld the single judge order directing the university to grant minimum pay scale benefits to daily wagers based on a Supreme Court ruling and found that consequential benefits were also due.

What did the court decide?

The Writ Appeal and the Interlocutory Applications pending thereunder were dismissed.

Professor Jayashankar Telangana State Agricultural… — Service and Employment | Telangana HC (2021)

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HIGH COURT FOR THE STATE OF TEL,ANGANA AT HYDERABAD

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THURSDAY, THE ELEVENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY ONE

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PRESENT

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THE HONOURABLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA

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THE HoNoURABLE SRI,,3}lB= A. RAJASHEKER REDDY

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WRIT APPEAL No: 220 oF 2019

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writ Appeal under clause 15 of the Letters patent preferred against the order daled26-04-2016 passed in w.p.No.27776 oF zo14 on the file of the High court.

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BETWEEN^:

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Profes State Rep. Rajen And	sor^{JaYashankar Telangana} Agricultural^UniversitY by its^Registrar dranagar,^{HYderabad- 500030} ....APPELLANT
1.	B.Kumar,S/o.Venkayya,^{Aged 36 years,} Occ:PumpOperator,^{OfficeofExecutive Engineer,} Agril,University^{(ANGRAU),Rajendranagar'}
2.	. N-utan^{Kumari, W/o.SanjaySrivastava,aged 44years} Occ:Computer^{Operator,OfficeofExecutive Engineer,} Agril.University^{(ANGRAU),Rajendranagar'}
3,	. B[.V,Laxman^{Rao, S/o.SeetaramaMurthy,Aged 42Yea"s} Occ:PumpOperator,^{OfficeofExecutive Engineer,} Agril. University^{(ANGIIAU),tlajendranagar'}
4.	M.Krishna,S/o^{Pentaiah, Aged 32 years} Occ:PumpOperator,^{OfficeofExecutive Engineer,} Agril.Universily^{(ANGRAU),Ilajendranagar'}
5.	14.Babu,W/0.Sailu,^Aged36Years Occ:PumpOperator,Office^{ofExecutive Engineer,} Agril.University^{(ANGIIAU), Rajendranagar'}
6.	J.LaxmanRao, S/o.Pedda^{AppaRao,aged42years,} Occ:Attender, Officeof^{DeputyExecutive Engineer,} Anakapalli^(ResearchStation),^{Agril.U niversity,} EastGoclavari District. (All areworkingas casual labouratExecutive Engineer, Agril'Universitv'Rajendranastt ""lE8NDEN/ENERS
7.	::porsprrrro The AcharyaRangaAgriculturalUniversity, Rajendranagar Nagar,RangaReddyDistrict, rep. by^itsRegistrar.
8.	TheExecutive Engineer,theAcharya^{RangaAgriculturalUniversity,} Rajendranagar Nagar,RangaReddy District.
9,	ThePrincipal SecretarytoGovernment,Agril.&Coop. (Agri.iII)Department, GovernmentofTelangana,Hyderabad.

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/ v

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The Executive ingineer, the Prof . Jayashankar Telangana State Agricultural University, Ra endranagar, Ranga Reddy District.

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(Respondents 7 to 10 are not necessary parties to this Writ Appeal)

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....RESPONDENTS/RESPONDENTS

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lA NO: 1 oF 2019

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Petition under se rtion 151 cPC praying that in the circumstances stated in the affidavit filed in sup )ort of the petition, the High court may be pleased to stay the operation of the o der dated 26.04.2016 as amended by the order dated: 23.02.2018 passed in V1 .P.No.27776 ot 2014 in so far as payment of consequential benefits including paym )nt of arrears in terms of G.o.Ms.No.2B6 dated 08.10.2008 is concerned.

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Counsel for the Appelle ot: SRl. B. TH|MOTHI (SC FOR PJTSAU)

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Counsel for the Respor dent Nos.1 to 5: SMT K. RAJYA LAKSHMI

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Counsel for the Respor dent Nos.7 & 8: SRI T. DURGA REDDY, SC FOR ANGRAU

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Counsel for the Respor dent No.g: GP FOR AGRICULTURE

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The Court delivered the following: JUDGMENT

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The Hon'ble The Chief Justice S4tish Chandra Sharma

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and

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The Hon'ble Sri Tustice A. Raiasheker Reddv 20 f2

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JU-dgggOf:^{(Per rhc Hon'blc rhe chiefJusricesatishchandraSharma)}

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The present Vrit Appeal is arising out of Order ln dated 26.04.2Arc, passed by the leamed Single Judge, W.P.No.27l76 o[ 2a14.

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The facts of the case reveal that respondents No.1 to 6/writ petitioners, who were daily wagers, came up before this Coun for grant of minimum of the pay scale based upon a Govemment Order 2.e., G.O.lv{s.No.286 dated 08.10.2008 and the learned Single Judge has allovred the \7rit Petition holding that the daily wagen are entitled to minimum of the payscale.

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The undisputed facts of the case reveal that respondents No.1to 6 are working as daily wagers and they were earlier employees of Acharya N.G.Ranga Universiry (for shon the ANGRAII). The daily wagers working in the ANGRAU made a demand for grant of regular pay scale at par with other regular emplopes and after a long correspondence between the ANGRAU and the State Govemment, on 22.09.2007, the Board of Management of the ANGRAU resolved zzlr Resolution No.8l37 to consider the cases of the daily wagers for grant of regular pay scale. The Govemment of Andhra Pradesh, based upon the recommendations of the ANGRAU, finaily issued G.O.lvG.No.286 dated 18.10.2008, granting minimum of the payscale

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along with Dear ress Allowance to all the casual iabourers rvorking in ANGRAU. I - has also resoived not to make any further appointments or . adhoc basis/cxual basis.

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The undi ;puted facts of the case funher reveal that after establishment o the State of Telangana, ANGRAU was allocated to the State of A rdhra Pradesh and a new universiry r21., Professor Jaishankar^{Telar,gana State Agricultural Universiry(for shon 'the PJS} Univenity) wai established for the State of Telangana and the employees, whc opted to remain in the State of Telangana urcluding dai.lywagers, be :ame the employees of the PJS University'.

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The emp loyees, who continued as emplolees of ANGRAU were granted tl : benefit of minimum of the tinre scale on account of G.O.lr4s.No.28, dated 18.10.2008, issued bythe undivicled State. The employees, wh, were ailocated to the PJS University came up before this Court by fl ing \r.P.No.27776 of 201.4 claiming the benefit of the said G.O.Ivfs.Ir c.286 dated 08.10.2008. The said GO is reproduced as under:

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"Ir the reference 1* read above, the Andhra Pradesh State C runcii of Flgher Education, Hlderabad has resolved to give :he monitory benefits equivalent to that of time-scale to all tl e NMfu who are working before the cur-off clate of 25.1.1.1t93 and also to flr the consolidated pay basecl on their s, rvices whiJe kecping a mininrum consolidated pay equival :nt to that of time scale of pay.

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ln thc lighr of the rcsolution ol rhe Andhra Pradesh State^, buncil of Higher Education, Hxierabad, in the refercn :e 1., read above, the Registrar, Acharya N.G.Ranga

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Agricultunl Univeniry has requested in the reference^2'd read above, for sanction of 2335 additional supemumerary posts in Last Grade Services of ANGRAU in addition to the existing posts to enable the Universiry to regularise^the services of eligible casuai labouren 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 C.lass IV^services will^{be filled upas} 'Coterminus' posts; which will cease to exist as soon as the incumbenr redres from their service.. The^Registrar, ANGRAU, has funher requested to accord sanction^{of 2135} additional posts i1 Last Grade Services^{(Clxs-IV)C-ategory} or given concurrence for palmrent of remuneration^equalto the minin.run.r of the time-scale &^{DA +HRA etc., to all the} casual labourers, worldngⁱⁿ the University.

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After careful examination, Govemment^{hereby:rccord} sanction for pay + DA to the casual^{labourenwhoare} working in Acharya N.G. Ranga Agricultural^Universiry subiect to freeztng funher total adhoc^{appointments under} any guise/nomenclature, and the additional^{expenditure shall} be met from out of the block-grant^{from prospecrivedate.} 4. The Begistrar, Acharya N.G,^Ranga furicubural Univeniry Rajendranagar,^{Ht'erabadshall take funher} necessary action in the^mamer,

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This order issues with the^{concurrenceof Finance} (?CIII) vide their U.O,No.26151-N439/AI/PCIII/O8' dt.19.09.2008."

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In the considered opinion of^{this C-.oun, leamed Single} Judge was^justified in directing the appellant/PJS^{Universiryto extendthe} benefit of the above G.O. to daily^{wagers as the issue in respect of} grant of minimum of the pay^{scale has attainedfinaliry in the case of}

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State of Punf ab and others vs. Jagiit^{Singh and othersl.}

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\ '^{(2ot?)I scc148}

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7 The Apex Coun,^{inthe aforesaid case, has also held thatan} employee, who^{is serving as daily wager, is entitled for grant of} minimum of^{the pay scale.}

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Resultantl r, this^{Courtdoes not find anyreason to interferewith} the order^{passe,I by the.leamedSingle} Judge'^{Flowever'respondenu} No.l to 6/dalt^{wagen shall be entitledfor consequential benefits} arising out of^{G.O.Ivls.No.286 dated 08'10'2008 at par with the} emplopes^{of ,p NGRAU serving as dailywager'}

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Writ Apy eal is dismissed.

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C-onseqr:ntly,^{InterlocutoryAppl-ications, pending it any' stand}

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dismissed.

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SD /' c^H bvEEJ'U$rF:E"tTH^kH //TRUE^COPY' ( t', SECTION^OFFICER

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CHR

HIGH COURT

DATED:1 111'll2tt21

JUDGMENT

W.A.No.220 of !019

'!\
SaAr€ o t
;,.?
1 ir D':i'1:l?1

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DISMISSING T {E WRIT APPEAL WITHOUT COS TS

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Professor Jayashankar Telangana State Agricultural University v. B.Kumar

Case brief

What is this about?

What did the court decide?

Professor Jayashankar Telangana State Agricultural University v. B.Kumar

Case brief

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What did the court decide?

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