Andhra Pradesh Scheduled Castes Co-operative Finance Corporation, Hyderabad and Others vs Tungala Niranjana Rao

A. Lakshmana Rao, A.C.J.

This writ appeal arises out of the order, dated 21-1-1993, allowing Writ Petition No. 352 of 1993, following the judgment, dated 20-2-1991 in Writ Appeal No. 723 of 1989. The writ petitioner is the respondent in this writ appeal. He passed B. Com. He was appointed as Section Writer on daily-wage basis on 7-5-1986. At the time of appointment, he was paid at the rate of Rs. 18/- per day. From time to time, the daily-wage was enhanced. It is stated that, at present, he is being paid at the rate of Rs. 35 per day. There is no dispute that eversince 7-5-1986 he has been continued in service without any break. As on today, he has completed seven years and five months of service. As his services were not regularised and he was not being paid salary on par with regular employees doing similar work, he filed Writ Petition No. 352 of 1993, seeking writ of mandamus, declaring the action of the respondents in not absorbing the petitioner as Section Writer/Junior Assistant on regular basis with effect from the date of his original appointment, as illegal and improper.

It is submitted by Mr. N. Subba Reddy, learned Counsel for the appellant-Corporation that the various judgments of this Court, wherein directions have been given for the absorption of the employees of the Andhra Pradesh Scheduled Castes Co-operative Finance Corporation, stand on a different footing from that of the present case and, therefore, the learned Judge is not justified in allowing the Writ Petition. On the other hand, Mr. K. G. Krishna Murty, learned Counsel appearing for the respondents has brought to our notice the various judgments of this Court, starting from the judgments of this Court, starting from the judgment, dated 12-4-1989, in Writ Petition No. 19294 of 1987. In that judgment, a direction was given to the Corporation to absorb all the five petitioners therein on regular basis and pay them salary on par with Junior Assistants. There is no dispute that all of them were working as Section writers on daily-wage basis. Against that judgment, Writ Appeal No. 723 of 1989 was filed. That writ appeal was dismissed on 20-2-1991. Aggrieved by that order, the Corporation carried the matter to the Supreme Court in SLP No. 10384 of 1991. That petition was rejected by the Supreme Court on 17-6-1991. Thus, the judgment dated 12-4-1989 in Writ Petition No. 19294 of 1987 has become final. Thereafter, in a number of cases, similar directions were given, the latest being the judgment dated 27-8-1993, in Writ Appeal No. 626 of 1993, arising out of the judgment dated 12-8-1992, in Writ Petition No. 5422 of 1988.

However, Mr. Subba Reddy, learned Counsel for the appellant - Corporation has placed strong reliance on the decision of the Supreme Court in State of Haryana and others Vs. Piara Singh and others etc. etc., , and contended that the absorption of a temporary or casual employee can be subject to his qualifications and eligibility, according to rules, and the absorption shall not run counter to the reservation policy of the State. There is no dispute that the respondent passed B. Com., and he is eligible for appointment as Section Writer/Junior Assistant. There is also no dispute that eversince 7-5-1986, he has been continuing in service without any break till this day. So far as the policy of reservation is concerned, it is not brought to our notice that his absorption does, in any way, run counter to any policy of reservation. In the same judgment, the Supreme Court observed that in case of work-charged employees or casual labour, a presumption can be drawn, in case of such employees who have put in say two or three years'' of service, that there is regular need for their services. The learned Counsel has brought to our notice a recent judgment of a learned Single Judge of this Court, dated 10-8-1993, in Writ Petition No. 7863 of 1993. In that case, the employees/petitioners therein have not completed three years of service. Therefore, in view of the observations of the Supreme Court referred to above, the learned Judge refused to grant the relief in favour of the petitioners therein.

In view of the facts and circumstances of the case, and the decisions referred to above, we are inclined to hold that this is a fit case where a direction had to be given to the Corporation to absorb the respondent on regular basis as Section Writer/Junior Assistant.

This Writ petition, out of which this writ appeal arises, was field on January 20, 1993. It would be just and proper to give a direction to the Corporation to regularise the services of the respondent with effect from February 1, 1993 and pay him salary on part with a regular Section Writer/Junior Assistant with effect from February 1, 1993. For the period from February 1,1993 to September 30, 1993 he shall he pad the minimum in the pay scale of a Section Writer/Junior Assistant. The arrears of salary, payable for the period from February 1, 1993 to September 30, 1993, shall be paid within six weeks from the date of receipt of a copy of this order. The respondent shall be paid regular Section Writer/Junior Assistant, with effect from October 1, 1993. The writ appeal is accordingly disposed of. No. costs.