G. DEVAIAH Vs. STATE OF TELANGANA

JUDGEMENT

(1.) This Writ Petition is filed under Article 226 of the Constitution of India, seeking the following relief:

(2.) Learned counsel for the petitioner submits that the writ petitioners were appointed as Drivers, Computer Operators, Watchman and Sweeper respectively, on NMR/Daily Wages, N.M.R. on payment of Rs.35.00 per day after due process of selection. Since the date of their first appointment, they are working on regular basis by discharging their duties in their respective posts on par with the regular employees without any remarks. As per the Wages Committee recommendations, their pay was enhanced year to year at Rs.193.00 (/)Rs.167.00 per day. Thus the petitioners have been working for more than 29 years of service without any break. That the Special Chief Secretary to the then State Government of Andhra Pradesh issued orders in G.O.Rt.No.1475, Panchayat Raj and Rural Development, dtd. 27/10/2007 according sanction for payment of minimum of time scale of pay with usual allowance i.e., HRA and DA without increment, attachment to the post of Work-Inspector, Grade-I, II and III of work charged establishment of the Department to the NMR working in RWS Circle, Khammam who possess the Technical qualification of Degree, Diploma and Trade Certificate respectively instead of payment of remuneration at SSR Rates to them without any extra financial commitments. That the State Government issued orders, vide G.O.Ms.No.344, Finance and Planning Department, dtd. 13/11/1989 and G.O.Ms.No.238, dtd. 23/9/2005 fixing the minimum of time scale of pay, while allowing DA, HRA, CCA to the employees/Daily wage employees/NMRs.

(3.) In terms of aforesaid various Government Orders issued by then State Government, respondent No.4 issued Proceedings Rc.No.A3/88/2008, dtd. 5/5/2008 fixing the pay of the petitioners in the time scale of pay with usual allowances i.e., DA, HRA, CCA without any future increments and without any extra financial commitments subject to certain conditions. Accordingly, as per Proceedings Rc.No.A3/88/2008, dtd. 5/5/2008 issued by respondent No.4 minimum time scale pay as per PRC 2005 of Rs.4370.009775/4370, in respect of petitioner Nos.1, 2, 3, 5 and 6, the time scale of Rs.4925.0010845/4825, in respect of petitioner No.4 and the time scale of Rs.3850.008600/3500 in respect of the petitioner Nos.7 and 8 respectively were allowed with effect from May, 2008 onwards till April, 2009.