Implementation of the Interim orders of Hon’ble High Court, dt.17.12.2018 and 18.10.2019 in WP No.39928/2017 – Sanction of Minimum of the Time Scale of pay in RPS,2015 to the Borewell Mechanics working in PR Department – Orders
The Hon’ble High Court of Judicature at Hyderabad for the State of Telangana and the State of Andhra Pradesh in its order first read above dt.17.12.2018 in WP No.39928/2017 filed by Sri D.Uppalaiah and 14 others has ordered as follows:
“In this view of the matter, I am of the opinion that petitioners are entitled to be paid by respondents wages on par with minimum of pay scale of regularly engaged Government employees holding such post of Pump Mechanic as per the above decision.”
The Commissioner, PR&RE, Hyderabad in his letters, has submitted detailed report to the Government for issuing appropriate orders in the matter.
Keeping in view the directions of the Hon’ble High Court for the State of Telanagana and reports of CPR&RE in his letters , Government after careful examination of the matter, hereby accord permission to the Commissioner, PR&RE, Hyderabad to allow minimum of the time scale of pay to Sri D.Uppalaiah and 14 others, Borewell Mechanics and petitioners in WP No.39928/2017 on par with regular Government employees holding such post of Pump Mechanic in RWS&S Department which will be consolidated payment for all purposes, subject to final orders in the main WP No.39928 of 2017 without any other benefits, as per the Revised Pay Scales, 2015 from the prospective date i.e., from the date of issue of orders, by meeting the additional expenditure from the budget provision of the department only.
Allowing minimum of the time scale of pay shall not confer any right for regularization of their services at a later date. No other increase in any form like allowances, Annual grade inements etc., shall be admissible on the above consolidated monthly remuneration equivalent to the minimum of the time scale of pay in RPS,2015.
The Commissioner, PR&RE, Hyderabad shall take necessary action in the matter accordingly.
This order issues with the concurrence of Finance (HRM.VII) Department vide their U.O.No.3738/651/A1/HRM.VII/2019, dt.05.11.2019.
Having regard to the documents filed along with the Writ Petition by the petitioners, it is clear that petitioners have been engaged in the Panchayat Raj Department though for some period, their services were utilized by the Rural Water Supply Department as well and they are being paid as on date from the grants received by the respective Gram Panchayats as per XIV Finance Commission as per proceedings No.A2/4855/2016(Pts) dt.09-01-2016.
Though in the counter-affidavit of the 3 respondent, it is stated that petitioners are being paid on piece rate basis, håving regard to the certificates filed by petitioners, which shows that petitioners had been engaged on monthly remuneration and the statement by learned Standing Counsel for respondent Nos.9 to 23 that their remuneration prior to the filing of the Writ Petition was around Rs.15,000/-, the plea that they were being paid on piece rate basis cannot be accepted.
PANCHAYAT RAJ & RURAL DEVELOPMENT (MB.II) DEPARTMENT G.O.Rt.No. 13 Dated: 09-01-2020 Read the following:-
- From the Hon’ble High Court of Judicature at Hyderabad for the State of Telangana and the State of Andhra Pradesh, Hyderabad, Order dt.17.12.2018 in WP No.39928/2017.
- Govt Memo No.136/MB.II/2019, PR&RD (MB.II) Deptt., dt.09.08.2019.
- From the Commissioner, PR&RE, Hyderabad, Lr.No.4568/CPR&RE/C1/2019, dt.07.10.2019.
- From the GP for Services.II (TS), High Court buildings, Hyderabad, Lr.No.C.C.No.109/2019 in W.P.No.39928/2017/Services.II/HC, dt.31.10.2019.
- From the Commissioner, PR&RE, Hyderabad, Lr.No.338/CPR&RE/C1/2017, dt.04.11.2019.
- From the Hon’ble High Court for the State of Telangana, Hyderabad, Order dt.18.10.2019 in I.A.No.1 of 2019 (WPMP No.49501 of 2017) IA No.1 of 2017 in WP No.39928 of 2017.
