E.Dasharatha Rami Reddy Vs The State of Telangana

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132521

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IN THE HIGH COURT FOR THEISTATE OF TELANGANA AT HYDER4BAD

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(Special Original Jurisdiction)

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MONDAY,THE SIXTEENITH DAY OF JUNE TWO THOUSAND ANtbrwerurv rrvr

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PRESEII IT

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THE HONOURABLE MRS JUS+ICE SUREPALLI NANDA

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WRIT PETITION NO:133175 OF 2023

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Between:

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E.Dasharatha Rami Reddy, Slo. e.na[nu Rami Reddy, aged 48^yrs, Security Guard, AMC (Agriculture Market Cofnmittee) Gadwal, Jogulamba Gadwal District.

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V.Srinivasulu, S/o, 46 yrs, Security Guard, AMC (Agriculture tvlarket C Nagarkurnool District

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P. Prasad, S/o. Arju aiah, aged 47 Security Guard, AMC (Agriculture fVarket Committee) K llapur , Naga lDistrict

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P.Yousuf, S/o Yasin Age 46 yrs, Se urity Guard, AIVIC (Agriculture Market Commiftee) Kollapur , Nag arkurnool D strict

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S.Venugopal Rao, S/o Janakirama o Age 52 yrs, Security Guard, AMC (Agriculture Market Committee) Kollap r, Nagarkurnool District.

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K.Prathap, S/o Nagi Reddy Age 46 rs, Security Guard, AMC (Agriculture Market Committee) Allampur, Jogula a Gadwall District.

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E. Sudharshan Goud, S/o Khajanna oud Age 44 yrs, Security Guard, AMC (Agriculture Market Committee) Allam ur, Jogulamba Gadwal District

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B. M. Chinna Venkatramulu, S/o M. Ra ulu Age 44 yrs, Security Guard, AMC (Agriculture Market Committee) Allam u r, Jogulamba Gadwall District.

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S. Ranga Muniswamy, Sio S Shesh nna Age 50 yrs, Security Guard, AMC (Agriculture Market Committee) Allam U r, Jogulamba Gadwall Diskict.

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10.MD. Ahamed, S/o MD lqbal Ahme Age 37 yrs, Security Guard, AMC (Agriculture Market Committee) Allam ur, Jogulamba Gadwal Diskict.

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11.8. Ivlallikender Reddy, S/o B. Thimm nna Goud Age 51 yrs, Security Guard, AMC (Agriculture Market Committee) llampur, Jogulamba Gadwall District

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12.S. Raja Shekar, S/o Madanna Age 3 yrs, Secu rity Guard, AMC (Agriculture Market Committee) Allampur, Jogula ba Gadwal I District.

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13.N. Umesh Babu, S/o N. Gopal Age 5 yrs, Security Guard, AMC (Agriculture Market Committee) Allampur, Jogula ba Gadwall District

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14.Shyam Sunder, S/o Krishnaiah Age 4 yrs, Security Guard, AMC (Agriculture Market Committee) Wanaparthy, Wan parthy District

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15.R. Krishnaiah, S/o Pichaiah Age 41^yrs, Security Guard, AMC (Agriculture Market Committee) Shadnaga r, Rang reddy District.

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'16.S. Yadagiri, S/o Goriya Naik Age 4 yrs, Security Guard, AMC (Agriculture Market Committee) Shadnagar, Rang reddy District.

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M. Kamalamma, Wo Krishnaiah Age 47 yrs, Security Guard, AMC (Agriculture Market Committee) Shad agar, Rangareddy District

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'18. B. Yadamma, W/o Guard, AMC (Agriculture Market Committee)

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19.B. Yadagiri, S/o Ra Guard, AMC (Agriculture tt/arket Committee) ct.

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J.Srinivasulu, S/o Avilaiah Age 52 yrs, Security Guard, AMC^(Agriculture Market Committee) Shali Gouraram, Nalgonda District.

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2'1 . CH.Maruthi, S/o Umia, aged about 47^yts, Occ Security Guard, AMC (Agricultural [/arket Committee) Nizamabad.

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G.Srinivas, S/o Papanna, aged about 55^yrs, Occ Security Guard, AMC (Agricultural Market Committee) Nizamabad.

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Janardhan, S/o Ramulu, aged about 44 yrs, Occ Security Guard, AMC (Agricultural [,4arket Commiftee) Nizamabad.

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IVl.Babu Rao, S/o Gangaram, aged about 47 yrs, Occ Security Guard, Atvlc (Agricultural [.4a rket Comm ittee ) Nizamabad.

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U. Saireddy, S/o Ashanna, aged about 54 yrs, Occ Security Guard, AMC (Agricultural Market Committee) Nizamabad.

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M.Reddya, S/o Kaputiya, aged about 41 yrs, Occ.Security Guard,. AMC (Agricultural Market Committee) Nizamabad.

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L. Vinod, S/o Devidas, aged about 47 yts, Occ.Security Guard, AMC (Agricultural Market Committee) Nizamabad.

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M.B. Mahender, S/o Baburao, aged about 41 yrs, Occ.Security Guard, Rl,/o. AMC (Agricultural Market Committee) Nizamabad.

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29..8- Srinivas, S/o Poshetty, aged about 43 yrs, Occ.Security Guard, AIUC (Agricultural l/arket Committee) Nizamabad.

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M. Yeshpal, S/o Gangadhar, aged about 34 yrs, Occ.Security Guard, Al/C (Agricultural Market Committee) Nizamabad.

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CH. Ramesh, S/o Gangaram, aged aboul 42 yrs, Occ.Security Guard, AMC (Agricultura I [,ilarket Committee) Niza mabad.

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tt/. Ramesh, S/o Amru Naik, aged about 31 yrs, Occ.Security Guard, AMC (Agricultural [Varket Committee) Nizamabad.

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A. Arjun, S/o Mallaiah, aged about 35 yrs, Occ.Security Guard, AMC (Agricultural Market Committee) Nizamabad.

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34.V. Dasharath, S/o Brahmaiah, aged about 44 yrs, Occ Security Guard, AMC (Agricultural [Varket Commiftee) Nizamabad.

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35.fvl. Padma, W/o Dattu, aged about 48 yrs, Occ.Security Guard, AMC (Agricultural Market Committee) Nizamabad.

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36.Y. Santhosh Reddy, S/o Narsareddy. aged about 44 yrs. Occ. Security Guard, AtrIC (Agricultural Market Committee) Nizamabad.

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K. Srinivas, S/o Naga Bhushanam, aged about 40 yrs, Occ. Security Guard, AMC (Agricultural Market Committee) Nizamabad.

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D. Jamuna, W/o Gangadhar, aged about 52 yrs, Occ. Security Guard, AMC (Agricultural Market Committee) Nizamabad.

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S. Bhulaxmi, W/o Mahendhar, aged about 42 yrs, Occ. Securily Guard, AlvlC (Agricultural Market Committee) Nizamabad.

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40.J. Niraja, Wio Nagaraju, aged about 39 yrs, Occ. Security Guard, AMC (Agricultural Market Committee) Nizamabad.

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41 .K. Gangadhar, s/o Gangaram, aged about 48 yrs, Occ Security Guard, AMC (Agricultural Market Committee) Nizamabad.

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42.G. Narayana, S/o Bhumaiah, aged about 50 yrs, Occ. Security Guard, AIVIC (Agricultural I/arket Committee) Nizamabad.

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43.8. Naresh, S/o Chinnareddy, aged about 32 yrs, Occ. Security Guard, AMC (Agricultural Market Commiftee) Nizamabad.

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B- Jamuna, W/o Abbaiaha, aged about 32 yrs, Occ. Security Guard, AMC (Agricultural Market Committee) Nizamabad.

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P. Naveen, S/o Narasaiah, aged about 30 yrs, Occ, Security Guard, AMC (Agricultural Market Commiftee) Nizamabad.

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D. Srinivas, S/o Satyanarayana, aged about 36 yrs, Occ- Security Guard, AMC (Agricultural Market Commiftee) Nizamabad.

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S. Vamshi, Sio Shivaraju, aged about 33 yrs, Occ. Security Guard, AMC (Agricultural Market Committee) Nizamabad.

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48.A. Sandhya Rani, W/o A. Sateesh, aged about 32 yrs, Occ. Security Guard, AMC (Agricultural Market Committee) Nizamabad.

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49.EM. Savitha, W/o EM. Srinivas, aged about 41 yrs, Occ. Security Guard, AMC (Agricultural Market Committee) Niza mhbad

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50.J. Srinivas, S/o Gangadhar, ageda bdut 45 yrs, Occ. Security Guard, AMC (Agricultural Market Committee) Armo Nizamabad District

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51.G. Arun T eJa, S/o G. Srinivas aged a ut 27 yrs, Occ. Security Guard, Al\4C (Agricultur al Market Committee) Armo r, Nizamabad District.

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52.T. Shankar, Sio Sayanna, aged abo t 44 yrs, Occ. Security Guard, AMC (Agricultural. Market Committee) Gand ari, Kamareddy District.

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1. D. Surya Prakash, S/o Narayana, ag d about 35 yrs, Occ. Security Guard, AMC (Agricultural Market Committee) andhari, Kamareddy District

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1. Malipeddi alias Kondaiahgari Anjaiah, /o Papaiah, aged about 47 yrs, Occ. Security Guard, AMC (Agricultural Ma et Committee) Gandhari, Kamareddy District.

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...PETITIONERS

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AND

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'1 . The State of Telangana, Agricultural ltrfurketing and Co-operation Department, Secretariat, Hyderabad, Rep. by its Prihcipal Secretary.

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1. The State of Telangana, Finance 4nd Planning Department, Telangana Secretariat, Hyderabad. Rep. by its Prificipat Secretary

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The Commissioner and Director of Agiicultural Marketing Department, BRKR Bhavan, Tank Bund , Hyderabad.

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4 The District lvlarketing Officer, Jogula ba Gadwal District 5 The District Marketing Officer, Nagark rnool District 6 The District Marketing Officer, Wanap rthy District 7 The District Marketing Officer, Ranga dy o The District Marketing Officer, Nalgon a

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o The District Marketing Officer, Nizama ad 'l0.The District Marketing Officer, , Kama dy.

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1'1 .The Secretary, Agriculture Market Co m ittee, Jogulamba Gadwal District 12.The Secretary, Agriculture Market Co m ittee, Nagarkurnool District. 13.The Secretary, Agriculture Market Co$mittee, Wanaparthy District

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'1 4.The Secretary, Agriculture Market Confmittee, Rangareddy. 15.The Secretary, Agriculture Market Confmittee, Nalgonda . 16.The Secretary, Agriculture Market Corhmittee, Nizamabad.

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1 7. The Secretary, Agriculture Market Cor+mittee, Kamareddy

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...RESPONDENTS

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Petition under Article 226 of lhe Cdnstitution of lndia praying that in the circumstances stated in the affidavit file$ therewith, the High Court may be pleased to issue an order or direction mor$ particularly one in the nature of Writ of Mandamus to declare the action of thd 3rd respondent in issuing impugned Speaking order No. AGM-PROJ/40 12021 , pated 3OlOgt2O23, rejecting the claim of the petitioners for implementation of the 11th PRC (Revised Pay Scales 2020) to the petitioners herein even after implenfenting the Equal Pay for Equal Work gth PRC scales vide G.O.Rt.No.814, Aqricultural Marketing and cooperation (AM.lll) Department, daled 0710012013, as per the judgment of the Apex court in the case of State of Punjab Vs. Jagjit Sing[ and others in Civil Appeal No.213 of 20 13, dt. 2611012016, as highly illegal, ilrregular, u nconstitutio na I against the

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principles of natural justice, equity and fair play and^prays to set aside the impugned Speaking Order No. AGM-PROJ/4012021 , dated 30/09/2023,^{with a} direction to the respondents herein to pay the satary of the^petitioners according to the 11th new PRC alias Rs.19,0001⁺ DA, HRA and CCA, with arrears^from the date of filing of the Writ Petition along with^periodical increments from time^to time with arrears and other monetary benefits as^per the orders of the Division Bench of this Honourable Court in W.P.No. 26788 of 2017 dt. 1010812017, and orders in l.A. No.1 and 2 of 2019 in W.P.No. 38763/2018 in C.A. No. 64212019 on 2410112020, and the Division Bench Judgement of this Honourable Courtⁱⁿ batch of cases in WP No. 5556 of 2018 and batch dt. 2310812018 lA NO: 1 OF 2023

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Petition under Section 151 CPC praying that in the circumslances stated in the affidavit filed in support of the pet tion, the High Courl may be^pleased to Suspend the impugned speaking order issued vide No. AGVI-PROJl40l2O21 , dated 30/09/2023, with a direction to the respondents herein to^pay the increased minimum time scale as per New PRC Scales 2O2O I 11'h PRC in the last grade post in the scale of Rs. 19,000/- per month to the petitioners in view of already extended minimum time scale of last grade pay of Rs.6700/- to these petitioners in the 9th PRC scales of the year 2013, by the 1st respondent, by following the judgment of the Apex Court in the case of State of Punjab Vs. Jagjit Singh and others in C.A No.213 of 20'1 3, d|.2611012016

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Counsel for the Petitioner: SRl. GURRAM SRINIVAS

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Counsel for the Respondent Nos. 1&3to17: GP FOR SERVICES lll

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Counsel for the Respondent No. 2: GP FOR SERVICES I

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The Court made the following: ORDER

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HON'BLE MRS. JUSTICE SUREPALLI NANDA

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RTT PETITI 3L7 F

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ORDER:

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Heard Sri Gurram Slinivas, learned counsel appearing on behalf of [he petitioners, learned Assistant Government P eader for Servaces-III appearing on behalf of the {espondent Nos.1 and 3 to l7 and the learned Governnlent Pleader for Services-I appearing on behalf of the .Jspondent No.2.

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2. The oetitioners aoprohched this Court seekinq the oraver as under:

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"....to issue an orider or ciirection more particularly one in the nat{re of Writ of Mandamris to declare the action of the 3''r respondent in issuing impugned Spelking order No.AGMPROt/40/202t, dated 30i09 2023, re;ecting the claim of the petitioners fdr implementation of the 11th PRC (Revised Pay^j Scales ZO2O) to the petitioners herein even pfter implementing the "Equal Pay for Equal Wo k" 9th PRC scales vide G.O.Rt.No.B14, Agricult I!ral Marketing and cooperation (AM.III) Delartment, dated 07-062013, as per the judgmen! of the Apex court in the case of State of Punjab Vst. lagjit Singh and others

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in Civil Appeal No.213 of 2013, dt. 26-10-2016,^as highly illegal, irregular, u nconstitutiona I against the princip es of natural^justice, equity and^fair play and prays to set aside the impugned Speaking Ordcr No. AGN4-PROI/40 /2)21, dated 30-09-2023, with a drrectron to the respondents he;ein t I^pdy the salar y of the^petitioner-s according to tre^{1 1th} new PRC @ Rs.19,000/- + DA, HRA & CCA, with arrears from the date of Filing of the Writ^l)etition along wrrh^pcriodical increnents from time^ro time with arr ears and other monetary benefits as iler the orde'rs of the Division Bench of this Honourable Court rrr W.P.No.267BB of 2017 dt. 10-08 2017, a nd orders in I.A No.1 & 2 of^{2 C} 19ⁱⁿ W.P.No lB76312018 in C.A.No.64212019 on 24 0l-2020, and the Divis on Bench Judgment of this Honourable Court in batch of cases in^WP tio 555C cf 2018 & batcl^ dt. 23-08-2018, and pass...."

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The case of the petitioners, in brief, is that the petitioners have been working as Security Guards and in other posts ln various Agricultural Market Committees on an outsourcing basis since 1995-2000. Though the^petitioners were granted minimum time scale of Rs.6,700/- as^per G.O.Rt.No.B14 dated 07.06.2013, the^petitioners are^still being^paid only Rs.15,600/-^per month, and^{the revisedpay}

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)

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under the 10th and 1lth PRC frad not been implemented. Despite performing duties on ipar with regular employees and having over two decadesl of continuous service, the petitioners request for extensipn of the revised pay scale was rejected by the 3'd resppndent vide speaking order dated 30.09.2023 on technicali grounds. Aggrieved by the same, the petitioners filed the qresent writ petition.

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4. PER E RECORD

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A) The r v rtion fth f this Court dat 1 7 assed in w.P. 881 of 2O2 tn favour of h ers rn r No 4 n 5 are extracted he der:

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"4. Having regard [o the directions of this Court in W.P.Nos.26788 of zOU dt.10-08-2017 and in W.P.No.5556 of 12018 and batch dated 23.08.2O17 in the case of bimilarly placed persons, this Court deems it fit and proper to direct the respondents to consider tle representations of the petitioners, dated 06.0 v .2023 and to pass appropriate orders thereorl within a period of two (2) months from the dat! oF receipt of a copy of this order.

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SN,J W.P.No.33175 2023

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The writ^{petition is accordinglydisposed}

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of. There shall be no order^{as to costs."}

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B) The I tter of res ondent^No.3 Commissi on er and Direct or of Aoricultu ral Marketin^{o, Governme nt of} i n A hra D r h H d a hr/ vl Lalf er No SHU(1 4314120to. Dated:^{O6-O7-2O12 addressed to} the Decial Chi f Secretarv to Government Aq ricu Itural and Ma rketinq^{DeDartment, Government} e racted ofA ndhra Prad sh,^{Hvderabad is} hereunder:

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GOVERNMENT OF ANDHRA^PRADESH

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AGRICULTURAL MARKETING DEPARTMENT

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From

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Commr & Director of Agri^Marketing Govt of Andhra Pradesh Hyderabad

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To

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The Special Chief Secreta ry to Govt AGRICULTURAL and Marketing Dept Government of Andhra Pradesh, Hyderabad

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Lr.No. SHU( L\43t4 / 2010, Dated:^{06-07 -2OL2}

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Sir,

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Sub: Agri Marketing Department,^Al4Cs Security Guards working in AMCS Payment of remuneration of Rs. 6,7001-^{per month} on par with last^{gradeemPloYees} Requested, Regarding.

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Ref:-1. This office Lr.N[.^{snrlr;+:r4/2oto} dt: 23:06.201 11.

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This Office Fircula^{r No.} sqt(I)/4314/ 2010 Dt: 17.O9.2O11

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Representation of President A.P. AMCS Se$urity Guards Union, Hyderabad Dtl 11.04.2012

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I Invite kind attention od tne Govt. to the reference cited (Copy enclosed) and it lis informed that A.p AMCs Security Guards Union videj reference 3'd cited has requested this office for paymelnt of minimum time scale of last grade employee of Rs.6,70Ql- per month to the Security Guards working in the Agricultural Market committees in the state since the commissionerl and director of municipal administration, Hyderabad has fssued orders for payment of Rs.6,700/- per month to the qontract workers engaged on outsou rcing basis.

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Further, it is submitted that, the Govt, vide G.O Rt.No.333, Municipal administrqtion and Urban Development Department, Dt. 07.03.2011 h ve Issued ord rs that the w r rs en a ed n ra tor n basis for ron an ers bl thr h outsou rcin encr res Muni al Cor r st 6 700 er month. Accordingly the Co m issron er and Director of T Municipal Administration, A . P issued circular No. 1994/2007/M.3(1)-I Dt.7.3.20111 of Rs.6,700/- per month to all the existing workers engaqied through the outsourcing

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agencies on contract basis^{in addition to EPFESOas per the} minimum time, scale of^{last grade employees (attender) as} mentioned in G.O Ms. No 13^{Finance(SMPC-II) Dept. Date:} 12.01.2011.

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Earlier on the representation of the^{securityguards} Union Dt. 16.04.2011 for^payment, of^{minimumtime scale} of last grade employee i.e,^Rs. 6,700/- to^{the Security} guards this office has requested the Govt to consider extending the benefit of^payment of^{Rs.6,700/- per month} which is now being^paid to attender taking on^outsourcing basis. Further A.P Security Guard Union^{has represented} that many of the security^{guards are working in Panchayat} areas and requested for^payment of^{Rs. 6,700/-i.e.,} minimum time scale of last^grade employees^{as per G.O Ms.} No. 3 Finance and Planning Dt. 12.01.2011 to^{the security} guards in AMCS uniformly on par with other^workers engaged on outsourcing basis.

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The security guards working in AMCs are being^paidas per the minimum rates of wages as^per the orders issued in G.O Ms. No. 43 Labour and Employment^DeptDt. 28.05.2010 and also as per the letter Dt.^16.08.2010 received from Commissioner of Labour, Govt of^AP, Hyderabad which are as detailed below:

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			Variable
		Basic	D.A	Wa es
Zone-I	Comprising of all Municipal Corporations	s,000/-	t6s3/-	66s31-

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Zone- II	Co mprising of all Munici alities	42sOl-	t6s3/-	s903/-
Zone I]I	Comprising RestoFareas	4000	t6s3/-	s6s3/-

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The variable dearness allolrruances has to be revised for every 6 months by the commisqioner of labour. The existing VDA@245 points up to 30.09. 011 and it is to be revised from 01.10.2011 and also Fro 01.04.2012. The present total wages in Zrtne-I (VDA p to 30.09.2011) are Rs. 6653/- II the VDA from 01.1 2011 includes the wages P exceed Rs.6700/- in Zone-1.

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The approximate additionf,l burden on the Agricultural market committees funds due tp payment of minimum time scale of Rs. 6,700/- as per Cq'Us.ruo.A Dt. 12.01.2011 of Finance (SMPC-II) Dept to thelSecurity Guards working in AMCs will be as follows:

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Zone	Present Wages	Incre;:se	EPF		Comm ission	Total Increase (column 3to6)	TotalBurden onMarket Committee Funds roximatel a
Zone -I	6653.7 5	47	6		5	60/-	Rs.30,000/-
Zone .II	s903.7 5	797	108	)z	80	toL]/-	Rs.5,09,000/-
Zone -III	5653.7 5	1047	142	z{	105	1336/-	Rs.21,38,000/-
		T	otal				Rs.26,77,0OO/-

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Approximate Number of Securitri, Guards working - Z,600/Corporations zone - I =500 Nds x 60 = 30,000/Municipality zone - II =500 Ngs x 1Ot7 = 5,09,000/-

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.-)

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Rest ofAreas Zone -III =1600^Nos x¹³³⁶ =^21,38,000/-

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-26,77,OO0^{per month}

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The approximate additional burden of^{Rs.27.00lakhs} can be borne by the AMC as the^{revenueof AMCsis} increasing every^year upon utilization of^{services of security} guards.

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In view of the above, I reouest^{theoovt, to} kindlv consider the reouest of the security^{quards to} aoolv G.O.Ms.No.3 Fanance^(SMPC II) Dept Dt.12.01.2011 to them and fix the remune^{ration at} Rs.6.7OO uniformlv for all securitv Guards th rouo hou the State.

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Encl. As above

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Yours faithfully sdlCommissioner and Director of Agri Marketing

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c) The G. O.Rt.No.33, De artment for Women, Children, Disabled and Seni or Citizens^{( ESTT.) dated} 13.04.201 8 is extracted hereunder:

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GOVERNMENT OF ANDHRA PRADESH

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ABSTRACT

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Agricultural Marketing Department - Establishment'Payment of minimum of the time scale to the^part time^workers working in Homes, Hostels and Residential^Schoolsof Hyderabad and Ranga Reddy^{Districts under the control of}

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Director, Welfare of Disabled pnd Senior Citizens as per orders of the Hon'ble High Codrt in W.P.M.P. No.38537 of 2017 In WP No.30918 of 2017 - I Orders Issued.

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DEPARTMENT FOR WOMENI CHILDREN, DISABLED AND SENIOR CITIZENS (ESTT.)

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G.O.Rt.No.33

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Dated: 13-04-2018. Read the following:-

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(1) From the Hon'ble High court orders dated: 13.09.2017 in WPMP N d 38537 of 2017 in WP No.30918 of 20U.

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(2) From the Director, Welftre of Disabled and Senior Citizens, Telangana State, Hyderabad, Letter No.A1l653/2017, Dateg: 30.10.2017 & Dated : 07.03.2018.

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ORDER:-

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In the reference 1't reafl above, the Hon'ble High Court in W.P.M.P.No.38537 of Zhtl in Wp.No.30918 of 2OL7 filed by Sri K. Vasudeva Rao, S/o Machagiri Rao and 34 others working in Homes, Hostefs and Residential Schools of Hyderabad and Ranga Reddy Districts has made the following order:

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"It is stated by lea rned counsel for the petitioners that in similar clrcuI mstances, th is court granted interim date 01.08.2017 in /: WPMP.No.29815 of 2017 in WP.No.2409B of 2017. The same is not disputed \ly the learned Assistant Government Pleader for Sel'vices. In view of the samf, having regard to the judgment of the Supreme $ourt in State of Punjab & Others v. Jagjit Singh $ Others (2017(11)SCC, 148), the respondents arel directed to pay to the petitioners on the basis of 'phe principte'Equat pay for Equal Work'. Minimurtt of the pay scale of regularly engaged governnlent employees holding

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1C)

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the same/ corresponding^posts, within a^period of four (04) weeks from the date of receipt of a copy of the order".

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The Director, Welfare of Disabled and Senior Citizens Department in the reference 2nd read above, has submitted that Sri K.Vasudeva Rao, S/o Machagiri Rao and 34 others were initially appointed as part time workers during the year 1991-1993 in home and hostels under the control of Welfare of Disabled & Senior Citizens Department who were paid @ 2OO/-,30O/- 350/- and their wages were enhanced from trme to time as per Government orders. As per the requirement of the Disabled inmates increased from time to time and due to meager regular staff mernbers, the services of the part time workers were utilized full time and they are discharging multipurpose duties in Homes and Hostels as Sweeper, Scavenger, Barber, Kamati, Office Subordinate, Dhobi, Cook, Helper in Kitchen and Night Watchman as per the need and requirements to the Persons with Disabilities from time to time and they are being^paid Rs.6500/-per month at present as per the orders issued in G.O.Ms.No.71, LET & F Department, dated: 15.12.2011and the above individuals are not eligible for regularization of service as per G.O.Ms.No.112, Finance & Planning (FW.PC.II) Department, dated: 23.07.1997 as they have not completed 5 years service as on 25.11.1993. She has further submitted that the petitioners are entitled to draw wages at minimum of pay scale of regular posts of lowest grade as per their qualifications i.e. 13,000-42,270. She has requested to Issue necessary orders in the matter.

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Keeping in view the di4ections of Hon'ble High court in the reference 1tt read above and after careful examination of the matter, ernm n h r cord r sion t h or Welfar bled and enlor ci az n D ar m n H r to a wa es con n remun r n va le nt h mrnl f the tim d to the tv te ries of I r common s rvl .13 ooo rm o the e ton h di h r tn Iti r ose d uties ln Homes H idential S e he contr lof w tf o Disabled n n ens De ar m n AS per the Hon'ble High Court rders Dated: 73.09.20t7 in W.P.M.P. No.38537 of 2017 in WP No.30gt} of 2Ot7, subject to condition that they fhould attend all functions of Sweeper, Scavenger, Barber, Kamati, Office Subordinate, Dhobi, Cook, Helper in Kitch{n and Night Watchman as directed by concerned Superfntendent of the Homes & Hostels from time to time under the control of Welfare of I Disabled and Senior Citizens. They shall discharge all types of duties normally entrusted to1 last grade employees as per the directions of the Su perinteridents or Director, Welfare of Disabled & Senior Citizen from fime to I time in the interest of proper of Homes/Hostels maintFnance.

¶167

The Director, Welfa of Disabled and Se n ior fe Citizens Department sha ll ta re necessary action in the m atter.

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This orders issues with the^{concurrenceof Finance} (HRM.I) Department vide their U.O.No.7gO1'O/3glA2l HRM.I/2018, Dated: 05.03.2018.

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(BY ORDER AND IN THE NAME OF THE GOVERNOR^OF TELANGANA)

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M. JAGADEESHWAR, SECRETARY TO GOVERNMENT.

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To

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The Director, Welfare of Disabled and Senior^Citizens Department, Hyderabad.

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Copy to:-

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The Finance (HRl4.I) Department.

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The P.S to Chief Secretary to Government.

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The P.S to Principal Secretary to Chief Minister.

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The P.S to Hon'ble Minister for WCD & SC. SF/SC.

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//^{FORWARDED:: BY ORDER} //

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SECTION OFFICER

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D) The G. .Rt.No.814 Aqricultural Marketino and r tion AM.III \ De artm d 07.06.20^t?

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Ao ricu ltu ra I Marketino DeDartment is extracted

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hereunder:

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GOVERNMENT OF ANDHRA PRADESH ABSTRACT

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Agricultural Marketing De paftment Agricu ltu ral Market Committees - Permission to tle Commissioner & Director Agricultural Marketing, AP., Hlderabad for payment of the minimum time scale of Last Gr$de Service of Rs.6,700/- per month to the Security Guard s vyorking in Agricultural Markei Committees in the State Ord er! - issued

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AGRICULTURAL MARKETING AND COOPRATION (AM.III) I DEPAR!r't ENT

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G.O.Rt.No. 814 Dated: 07-06-2013. Read the foilowing:-

¶190

Ref:- 1. G.O.Ms.No.43, LET&F (f-AB.II) Department dated 28.5.2010.

¶191

Govt. Memo. No. 1573f/AM.Itt(2)/2010, dt.27.t2.20Lt.

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G.O.Ms.No.3, Finance (SUpC.ft) Department, dt. 12. 1.201 1.

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From C&DoAM, AP., Hrd. Lr.No.S.III

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(7) / 43 t 4 / 20 t0,dt.6.7 .20 +2, dt.22.3.2013 & dt.28.51201 3.

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@@b

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ORDER:-

¶197

In the reference 2nd reqd above, orders have been issued permitting the Conf missioner & Director of Agricultural Marketing, AP., Hyderabad, to implement the minimum wages for the SectfritV guards working in the Agricultural Market Committeqs in the State, as per the orders issued in the reference l]tt read above.

¶198

In the reFerence 4rh rgad above, the Commissioner & Director of Agricuttural Marfketing, AP., Hyderabad has reported that, the AP Agri(ultural Market Committees Security Guards Union, Hyd.,i have represented that for payment of minimum time scple of Last Grade service of

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Rs.6,700/-^per month to^{the SecurityGuardsworking in} Agricultural Market Committees^{uniformlyin the State, since} Commissioner & Director of^{MunicipalAdministration,} Hyderabad has issued^{orders for payment of Rs. 6,700/-per} month to the contract workers^{engaged on outsourcing} basis.

¶202

The Commissioner &^{DirectorofAgricultural} Marketing, AP., Hyderabad^{has reported that, Government} in Municipal Administration &^{Urban Development} Department have^{issued orders in G.O.Rt.No.333,Municipal} Administration & Urban^{Development(G2) Department,} daled 7.3.201 1 that the^{workers engagedon contractor} outsourcing basis for sanitation^{and other similar works} through outsourcing agencies in^{Municipalities/Municipal} Corporations in the State^{shall be paid Rs.6,700/-per} month. Accordingly, the Commissioner^{&Director of} Municipal Administration,^{Hyd.,has issued necessary orders} in the matter for^payment of^{Rs.6,700/-per month to all the} existing workers engaged^{through the outsourcing agencies} on contract basis in addition to^{EPF, ESI as per the} minimum time scale of last^{grade employees (attender)as} mentioned in G.O.Ms.No.3, Finance^{(SMPC'II) Department,} dt. 12. 1 .201^{1 .}

¶203

The Commissioner & Director of^Agricultural Marketing, AP., Hyderabad has reported that,^{the Security} Guards Union, has further represented^{that, to consider} extending the benefit of^payment of Rs.6,700/-^{per month} which is now being paid to attender taking on outsourcing

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basis, as the many of the Secir rity guards are working in Panchayath areas and requested for payment of Rs.6,700/ie., minimum scale of last Srade employees as per G.O.Ms.No.3, Fin. (SMPC.ll) qept.. dt. 12.1.2011 to all Security Guards in Agriculfu ral Market Committees uniformly on par with other wor{<ers engaged on outsourcing basis.

¶207

The Commissioner I Director of Agricultural Marketing, has reported that, there are 2539 Security Guards are working at presel|t on outsourcing basis in Agricultural Market Committees as per the guidelines issued in G.O.Rt.No.4271, Finance($MPC) Department, dated 1.11.2008, on third party pAyment basis drawn from recognized Security Agencies. I The individual Agricultural Market Committees engaged thq services of Security Guards required from concerned agency on 3'd party basis and their l wages are being paid through t e sponsonng a9ency I

¶208

The Commissioner $ Director of Agricultural Marketing has further reported that the Security guards are working in various Agriculltural Market committees throughout the State on outfourcing basis since 1994. Initially they have been paid [s.SOO/- as monthly wage. Subsequently the same amoun( was enhanced from time to time and now EPF they are pJying Rs.6653.75 In Zone-l, Rs.5903.75 in Zone-II, & Rs.56b3.75 in Zone-III per month as per Labour Department rders, duly meeting the expenditure from AMC funds un er contingencies. Necessa ry ESI & EPF is being deducted fr m their monthly wages and

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proportionately equal amount is being paid from Market Committee Funds every month. The Security^guards working in Agricultural Market Committees are being^{paid as} per minimum rates of wages as per the orders issued in G.O.Ms.No.43, LET&F^(LAB.II) Department^{dated28.5.2010.}

¶213

The Commissioner & Director of^Agricultural Marketing has further reported that the approximate additional burden on the Agricultural^{MarketCommittees} funds due to payment of minimum time scale of^Rs.6,700/- as per G.O.Ms.No.3, Finance^(SMPC-II) Dept.,dt. 12.l.2OLl to the security guards working in Agricultural^Market Committees is Rs.27.00 Lakhs., for which an amount^{can be} born by the Agricultural Market Committees, as^{the revenue} of Agricultural Market Committees is increasing every^year upon utilization of services of security^guards.

¶214

B. The Commissioner & Director of Agricultural Marketing has requested to consider the request of Security guards Association to apply G.O.Ms.No.3, Finance (SMPC-II) Dept., dt.12.1.2011 to them and fix the remuneration of Rs.6,700/- on par with last Grade Employees uniformly for all Security^guards throughout the State.

¶215

Government after careful examinataon of the matter and hereby permit the Commissioner & Director of Agricultural Marketing, AP., Hyd., for payment of minimum time scale of last grade services i.e., Rs.6,7OO/- per month to the Security guards workang in Agricultural Market Committees in the

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State as per orders issued] in G.O.Ms.No.3, Finance (SMPC.II) Department, Oat]ea.fZ.f .2OtL, subject to meeting the expenditure fro[n the Agricultural Market Committee funds.

¶219

The Commissioner l & Director of Agricu ltu ra I Marketing, AP., HVd., shall tak{ further necessary action in the matter.

¶220

I 11. This order issues with the concurrence of Finance (SMPC.II) Department I vide their U.O. No. 9405 / t39 / A2lSM PC.rrl13, dt. 1 6.4.2013.

¶221

(BY ORDER AND IN THE NA$r^{or rHe GovERNoRoF} ANDHRA P RADESH )

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DT.C.V.S. K. SARMA, PRINCIPAL SECRETARY TO GOVERNMENT & SPL.CHIEF SECRETARY TO GOVT (AM&C) (FAC)

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To

¶224

The Commissioner & Director o 4 Agricultural Marketing, Andhra Pradesh, Hyderabad. The Accountant General, Andhr Pradesh, Hyderabad The OSD to M(M&WH) t The Private Secretary to Specia Chief Secretary to Govt. (AM&C) I SF/SC //FORWARDED Y ORDER // ie

SECTION OFFICER

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¶229

E) The relevant Dortion of the Dro eedinos vide Procs. No.A/21 7212O22-L dated 2O.O4 .2O23 of the I De o a rtment fo w rm ntofP with Disabilities senior Citizens and Traⁿ soender Persons, Telan oana Hvderabad, in oarti cu la r Pa ra Nos.5, is extra ted hereun de r

¶230

'5. The writ petition is accordingly disposed of. There shall be no order as to costs.

¶231

Accordingly, Sri M. Sadanandam, S/o Ramachander, and 12 others working in different homes, Hostels and Residential Schools have submitted their representation vide reference^2nd cited for implementation of the new PRC 2020 scales with usual allowances of DA, HRA, & CCA along with arrears of^pay from the date of filing of the WP No.30918 of 2017 w.e.f. 13.09.2017 ttl date by releasing the annual grade increments revised from time to time.

¶232

In Dursuance of the orders issued in the reference 4th cited and 5th c ted. sanction is here bv accorded for enhancem ent of remuneration of existin o mt n tm um of time scale of Rs.13OOO,/- sanctioned in G.O.Rt.No.33 dt.13.O4.2OL8 Dept., for o Rs.19OOO - ln the RPS 2O2O to the followi no Detitioners who are dischar inq multiourDos e duties.

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The concerned Digtrict Welfare Officers, WCD & SC Department End Principal, GRSHH, Karimnagar are a uthoriz +d to draw and pay remuneration of minimum oF the time scale of Rs.19,000/- in the RPS 4020 to the petitioners the re in. "

¶236

SION AND CON L

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Learned counsel appearing on behalF of the petitioners draws the attention of tflis Court to Letter No. SHU(1)431412010, dated 06l.07.2012, issued by the Commissioner and Director ior Agricultural Marketing, Government of Andhra Prade Hyderabad, addressed to 'f,, the Special Chief Secretary to dovernment, Aqricultural and Marketing Department, Gover h ment of Andhra Pradesh, Hyderabad, wherein it is statla tnat the Security Guards working in AMCs submittedI a representation dated 11.04.2072, seeking payment of a remuneration of Rs. 6,700/-^per month, on par witfi the last-grade employees. Considering the same, G.O]Rt. No. 814, Agricultural Marketing and Cooperation (AM'l III) Department, dated 07.06.2073, was issued by rfespondent No. 1, gra nting permission to the Commissionelr and Director of Agricultural

¶238

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SN,J W.P.No.33175 2023

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Marketing, Government of Andhra Pradesh, Hyderabad i.e., Respondent No.3 to pay Rs. 6,700/- per month to the Security Guards working in the Agricultural Market Committees. Further, G.O.Rt No.33 Department for Women, Children, Disabled and Senior, dated 13.04.2018, was issued, providing for the payment of the minimum time scale to part-time workers in Homes, hostels and Residential Schools of Hyderabad and Ranga Reddy Districts under the control of Director, Welfare of Disabled and Senior Citizens as per the orders of this Court dated 13.09.2017 in W.P.M.P.No.3B537 of 2077 in W.P. No. 30918 of 2017. However, despite the clear and specific directions issued by this Court in favour of the petitioners on 18.07.2023 in W.P. No.16881 of 2023 (referred to and extracted above), respondent No.3 issued the impugned proceedings dated 30.09.2023, rejecting the petitioners' request for payment of the minimum time scale under the 1lfl,^pRC along with allowances, annual grade increments, and other monetary benefits, and arrears, stating reasons as under:

¶241

"i. Because they could not establish, that the duties and responsibilities of the post(s) held by them, namely Security Guards, were

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SN,J W.P.No.33175 2O23

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21,

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similar/equivalent to those pf any sanctioned cadre strength posts of Agricultyral Market Committee (AMC) Services in the State.

¶245

ii. The duties and responsi b il ities discharged by the emplpyees of Agricultural Market Committee Strvices, were not comparable with the polts nela by members of the Petitaoners i.e., Sercurity Guards.

¶246

iii. No material wa F^{placeO on record to} esta blish that the nature Pf^{duties performedby} the Security Guards was fomparable^{with those} discharged by regular em ployees of Aq ricu ltu ral Market Committee Services in the State.

¶247

iv. That permission was not obtained from the Government in Fina ncei (SMPC) Department to engage for outsourcing I services within the sanctioned strength of the iDepaftment as req u ired under G.O.Rt.No.4271, Dt. 01.11.2008 of Finance (SMPC) Oepartment."^I

¶248

Learned counsel anpearing on behalf of petitioners further submits that the said impugned orders dated 3O.O9.2O23 hiad been passed without providing an opportunity o{ fersonal hearing to the petitioners and without 1 duly considering and examining the entire materatl on.record, in support of

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SN,J W P.No.33175 2023

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petitioners case. Therefore, the order impugned^is liable to be set aside and the writ^{petition deserves to} be allowed.

¶252

Learned Assistant Government Plea der earrn f the re n es disDute the fact. as borne on reco rd. that the oetitioners were not afforded an^{oDporunitv of} oersonal hearin^q orior to the oassinq of^theimouoned order dated 3 o.09.2023. Therefore. the matter^{mav be} remitted to r soondent No. 3, with a direction to^Dass a oorooriate rders within a reasonab le oeriod, in accorda n with law.

¶253

8, A bare perusal of the record indicates that^the impugned order dated 30.09.2023 had been^{passed without} providing an opportunity of personal hearinq to the petitioners in clear violation of principles of natural^justice and the said fact had even been admitted by the^learned Assistant Government Pleader appearing on behalf of^the respondents. The order impugned admittedly had^been issued mechanically, in a routine and casual^manner, without taking into consideration the relevant material and

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5N,J W.P.No.33175²⁰²³

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documents on^record supportinq the petitioner's case, 06.07.20t2 of the 3'd respondent, namely Letter dated G.O.Rt. No. 814, Agricultural Malrket ng and Cooperation 01 06.2013, G.O.Rt.No.33, (AM. III) Department, dated Department for Women, Ch d reIn Disabled and Senior Citizens, dated 13.04.2018, and Proceedings No. I A/2t72/2022-t, dated 20.04.20 2tr issued by the Director, i Department for Empowerment of Persons^{with Disabilities,} Senior Citizens and^TransgenderP I^{rsons, Telangana.}

¶256

Hence, this Court oPines I that^{the subject issue} pertaining to the request +J the petitloners for implementation of minimum^ti e scale of 11th PRC to l" the petitioners herein^{in acc} rdance to law, needs P reconsideration by the^3"! respondent within a reasonable period. 10. Th xCo rna u n re tn 20 re rt s 148 te of n aba oth v IN h t r Par nd

R

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"54 "The Fu Bench of the High Court, while adjudicating upon the above controversy had concluded, t!1j, t"-porury employees were not entitted to the minimum of the reqular oay_scale, merety for ,nu ,""ror, that the activities carried..on _by^{daily-wagers),nl ,ugutu,} emptoyees were similar. rhe futt t"rin no'*.Jui,"iuau ruo exceptions. Temporary emproyees, who fert in elit'he-r or the two exceptions, were held entitted to *uf,ei"' u, ,n" mtnimum of the pay_scale drawn ty ,"gutur, "io,,oru"r. The.exceptions recorded by the fuil Oencn'or tn""iiin corrt in the impugned judgment are extracted hereunder: _

¶262

"(1) A daity wager, ad hc a s a i n s t t h e re j u t a r, r, :: " "X;^{; ;:' :,: " i l'::; ;f",} after undergoing a setection process b":;" ,;;;:, t",,:::- and equatity of opportunity to ail other e.ligible candidates, shall be entitted to mi, nu_'-o,f the regutar pay scate from the date or "nfug",i.n:,1."

¶263

B a or r, al , a o t tn lar nc nuo lv. tha otie,on tb reac s bvv, e o n lt n t m n ti a u ci. n e. o e s ch ha a e d o co c a a e 't, nl u e u a n e o t of re nt I a I h r u I f , a r, ,s s s tr lm r larrzati,on, if n m v ha ve to permissible scheme.teIv tn s of a v

¶264

(3) In the event, a claim for minimum pay scare after more than ,hru:.::d" comptetion or ru i"u,,, Zi":;il:"::"il:[::;,': daily wager, ad hoc or contractual emptoyee sn"li Oi

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5 N,J W.P.No.33175²⁰²³

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entitled to arrears^fora period of three^years and two months."

¶268

The Di n Ben h ud of u d 2 .o8 2 1 a inW o.5 5 t 20L ndb h ln lar a Para to 2a o rved

¶269

u nder:

¶270

*8. We have considered tfle rival submissions made by the^parties. From the^{mlterial available on record,} it is obvious that the^{nalure of the duties being} performed by the petition$rs is^{perennialand the} services of the^{petition"r, f]ur" been continuedsince} more than two decades.^{Though the petitioners} initially sought a^{direction t{ regularize their services,} but subsequently, they^{ha( given up their claimfor} regularization of their^{servic|s,and filedmlscellaneous} applications before the^{Tribunal seeking for} amendment of the^prayer, pnd^{seeking only payment} of minimum time^scale {t ,u,^{attachedto their} respective^{posts in the resp9ndent-m u nicipality'}

¶271

It is^{pertinent tonote that inidentical} circumstances^{in w.P.No.2fZASof 2017,wherein the} persons, who were workiirS in^{KavaliMunicipality,} sought minimum^{time scale of pay, this Court vide} order dated tO.B.2Ol7^{f{reld that the petitioners} therein are entitled^{for gra(t of minimum time scale of} pay and in addition to thal, they are also^{entitled for}

¶272

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sN,l W.P.No.33175 2023

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grant of increments from time to time in the time scale of pay. But however, this Court in the above Writ Petition restricted the arrears only from the date of filing of the O.A. by the petitioners therein.

¶275

1O, Apart from that, the Hon,ble Supreme Court in State of punjab and vs' Jagjit singh and othersl considered ,ro'n"tt equar work and n",o'",n:,'t:;]" J.r:::" _[' j: discharging their duties on par with regular employees are entiUed to the minimum scale of pay under the. principle of equal pay for equat work.

¶276

In the light of the judgments referred to supra and in view of the fact that the service s of the petitioners have been continued since two decades, we are of the view that the petitioners are entitled to mrnimum time scale of pay under the principle of egual pay for equal work, even though they were engaged by a private contractor. Therefore, the orders passed by the A.p. Administrative Tribunal Hyderabad ,n O.A.No.3873 of 2014, dated IO.B.2077 and O.A.No.2369 of 2014 dated 6.7.2017, are set aside.

¶277

Accordingly, the Writ petitions are allowed. The respondents are directed to grant minimum time scale of pay to the petitioners and also to add annual grade increments as and when they fell due from time to time. However, the petitioners are entifled to all the arrears from the date of filing of the O.As before the

¶278

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Tribunal. No costs.^{Conpequently,miscellaneous} petitions pending, if any, shpll stand closed."

¶281

T2. TA INTO IDE N

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a) The aforesaid facts and circumstances of the I case,

¶283

b) The submissions made bv the learned counse! appearing on behalf of^the Petitione.s and the learned Assistant Government^{Pleadel for Services appearing} on behalf of the^resPonden tF and upon consent^of both the learned counse!^{on rQcord,}

¶284

c) The contents of theⁱ pugned Speaking order No.AGM-PROJ/ 40/ 2021 datddI 30.09.2023 of the respondent No.3^{(referred to} fnd^{extractedabove),} d) The contents of the lettq^{r No. SHU(1)4314/2OtO,} dated O6.O7.2012^{issuedb,the Commissionerand} Director of Agricultura!^M keting, Government of 'l' Andhra Pradesh,^{HYderabad,addressedto the SPecial} Chief Secretary to Gover4ment, Agricultural and dovernment of Andhra Marketang Department,

¶285

)

¶286

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5N,.1 W P.No.33175 202 3

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Pradesh, Hyderabad (referred to and extracted

¶289

above),

¶290

e) G.O.Rt. No. BL4, Agricultural Marketing and Cooperation (AM. III) Department, dated 07.06.2013 ( referred to and extracted above) and,

¶291

f) G.O.Rt. No. 33 Department for Women, Children, Disabled and Senior, dated 13.04.2O1g (referred to and extracted above),

¶292

S)^The observations of the Apex Court and Division Bench of this court in Judgments (referred to and extracted above) and the same are enlisted herein below:

¶293

(i) (2OL7) 1 Supreme Court Cases 148

¶294

(ii) w.P.No.5556 of 2018 and batch

¶295

The writ petition is allowed and the impugned order dated 3O.O9.2O23 passed by the respondent No.3 is set aside. The matter is remitted to the respondent No.3 for reconsideration of the request of the petitioners working in various AMCs outsourcing for implementation of minimum time scale of llth pRC

¶296

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I

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in accordance to^{law, in confofmity of principlesof} natural iustice by^{providingan opPortunityof personat} hearing to the^{petitioners dulytaking into} consideration the^{observationspf the Apex Court and} Division Bench of^{this Courtin i$s judgments (referred} to and extracted^above) ",tld^{also the relevant} documents in^{support of petilionerscase and pass} od of three^{(3) weeks} appropriate orders^{within a nerf} of this order^and from the date of^{receiPt of a c} opy duly communicate^{the decisi{} n to the Petitioners. q However, there shal!^{be no ordr as to costs.}

¶300

Miscellaneous^{aPPlications,i} i^{any, pending shallstand}

¶301

closed

¶302

SD/- A.H.S. GOWRI SHANKAR ASSISTANT REGISTRAR //TRUE CqPY// ._J SECTr\N bFFrcER

¶303

To,

¶304

1 . The Prinicipal Secretary, State of TelIngana, Agricultural Marketing and Cooperation Department, Secretariat, Hy{erabad

¶305

2 The Principal Secretary, Finance {nd Pla nning Department, Telangana Secretariat, Hyderabad

¶306

3 The Commissioner and Director of A ricultural Marketing Department, BRKR Bhavan, Tank Bund , Hyderabad 9

¶307

1. The District Marketing Officer, Jogula ba Gadwal District

¶308

The District Marketing Officer, Nagark rnool District

¶309

The District Marketing Officer, Wanap rthy District

¶310

The District Marketing Officer, Ranga ddv

¶311

o. The Diskict Marketing Officer, Nalgo a 9. The District Marketing Officer, Nizama ad 10 The District Marketing Officer, , Kama dy 11 The Secretary, Agriculture Market Co mittee, Jogulamba Gadwal District. 12 The Secretary, Aqriculture Market Co mittee, Naoarkurnool District

¶312