Andhra HC (Pre-Telangana)
Syed Habeeb And Ors. vs The Chief Judge, City Civil Court And ... on 23 April, 1991
Equivalent citations: 1991(2)ALT153
ORDER Neeladri Rao, J.
1. All the petitioners herein are working as sweepers, Scavengers and water women in the office of Chief Judge, City Civil Court, Hyderabad. In pursuance of G.O. Ms. No. 233, F&P (F.W. PRC III) Department, dt. 19-3-1983 all these petitioners on completion of five "years of service were given remuneration of Rs. 290/- per month with usual allowances like HRA etc., as were admissible. The pay-scales of the A.P. State Government employees were revised with effect from 1-7-1986 as per G.O.Ms. No. 288, F&P, d. 17-11-86. The revised scale of pay of Rs. 740-15-950-20-1150 corresponds to pre-revised scale of Rs. 290-5-345-10-425. As per G.O.Ms. No. 233/F&P (F.W. PRC III) dated 19-8-1983, the monthly remuneration was fixed at Rs. 290/-as it was the lowest in the pre-revised pay scale of Rs. 290-425. As the lowest of the corresponding revised scale was Rs. 740/- the City Civil Court had drawn the emoluments of these petitioners at the rate of Rs. 740/- per month with other allowances with effect from 1-7-1986. But the 2nd respondent herein viz., the Pay and Accounts Officer, raised an objection that the revised pay scales of 1986 as per G.O.Ms. No. 288, dated 17-11-1986 are not applicable to contingent employees as per para 11 of the said G.O. Then the petitioners filed this writ petition on 23-1-1989 praying for a direction to R-2 to pass the pay bills of the petitioners in the scale of Rs. 740--1150. As per the interm orders of this Court, R-2 was paying the salary of the petitioners in the pay scale of Rs. 740--1150.
2. During the pendency of this writ petition, G.O.Ms. No. 344, F&P dated 13-11-1989 was issued whereby the full time contingent employees who were not covered by G.O.Ms. Nos. 38 and 9 F&P, dated 1-2-1980 and 8-1-1981 respectively and who continue to work as full time contingent employees have to be paid remuneration of Rs. 740/- per month with other allowances like D.A. H.R.A. and C.C.C.A. at the rates admissible at the respective places of their duty from time to time to other Govt. employees, and it was given effect to from 1-10-1989.
3. In order to appreciate the rival contentions of the petitioners and the respondents, it is convenient to refer to the relevant G.Os. and Government Memos. G.O.Ms. No. 38 dated 1-2-1980 reads as follows:-
"All full time contingent posts, which were originally created under specific Government Orders and have been in existence for a period of 10 years or more and are required to be retained on a permanent basis, be converted into regular Government posts in the last grade service in the pay scale of Rs. 290-5-345-10-425 with immediate effect.
Later G.O.Ms. No. 9 dated 8-1-1981 was issued. It lays down that;
"all full-time contingent posts which have been created under the orders of competent authority, which have been in existence for a period of 5 years or more as on 1-4-1981 and which are required to be continued on a permanent basis be converted into regular Government posts in the last Grade service in the pay scale of Rs. 290-5-345-10-425 with effect from 1-4-1981.
The said G.O. was clarified by .Memo No. 28774/156/PRCIII/83 d. 20-11-84 to the effect that the posts which were created by a competent authority have to be converted into last grade service posts on expiry of 5 years from the date of creation of post. Against such converted posts, such full-time contingent employees who have put in not less than five years of continuous service can be appointed from the date of such conversion or from the date they complete five years of service, whicherver is later and pay and allowances of last grade employees have to be allowed from such date of appointment to the concerned posts. It was further clarified as per Government Memo. No. 846/SM/83-4 dated 23-2-1985 that the incumbents of those posts even after conversion shall continue to work as chowkidar, sweeper, or scavenger, etc., and they can be transferred to the regular post of attender and they are also eligible for promotion if they are having requisite qualifications.
4. In view of the above G.Os., and memos. it can be stated as under:
The posts of full time contingent employees created under the Government orders and which were in existence for ten years or more by 1-4-1980 and which have to be retained on permanent basis have to be converted into last grade service. But if such posts were created by the competent authority before 1-4-1981 they have to be converted into last grade service if they were in existence for five years by 1-4-1981, or on expiry of 5 years after creation of post if such expiry is after 1-4-81 or more, and if they have to be retained on permanent basis. Thus all the posts of full-time contingent employees which were created under the Government Order or by the competent authority before 1-4-1981, have to be converted on completion of five years from the date the post is created. The incumbents of the same on completion of five years service are eligible for the pay scale of Class IV employees.
5. But if it is not necessary to retain such posts on permanent basis and if the incumbent completed five years of service, then he was eligible for monthly remuneration of Rs. 290/- and other allowances as per G.O.Ms. No. 233 dated 19-8-1983 till 1-10-1989, and from 1-10-1989, he is eligible at the rate of Rs. 740/- plus allowances as per G.O.Ms. No. 344, dt. 13-11-89.
6. It is manifest from the report submitted by R-1, the Chief Judge, City Civil Court that the posts in which these petitioners were working were created even prior to 1-4-1980. So those posrs were in existence for more than five years. In view of the G.Os. and the Memo, referred to, it is necessary for R-1 to address the Government for conversion if those posts have to be retained on permanent basis. In order to consider whether the posts have to be retained on permanent basis, the distinction between the creation of a court on purely adhoc or temporary basis, and the creation of court, though initially for a temporary period, if it is being continued from year to year. The former will come under the category of adhoc creation- and the posts created for such courts also have to be treated on adhoc basis. But in regard to the latter, it the court is being continued from year to year, it is reasonable to hold that such court will continue on permanent basis, for in our State generally a court or an institution is initially created on temporary basis and after a number of years, it is made permanent. Keeping the above distinction in (sic) mind, the first respondent has to address the Government for conversion of the full time contingent posts which have to be converted, in view of the various G.Os. and Memos referred to and in the light of this Judgment.
7. The first respondent has to address the Government for such conversion within six weeks from the date of receipt of copy of this Judgment. R-3 the State Government has to consider those proposals and pass appropriate orders within six weeks from the date of receipt of such proposals from R-l.
8. If such conversion is going to be made, the petitioners will be entitled to the revised pay scales applicable to Class IV employees with effect from. 1-7-1986 and then there may not be any occasion to recover the amount from 1-7-1986 till 1-10-89. Even if there will be some cases where conversion cannot be made it is not proper to order recovery from such of the petitioners as it will cause hardship for such low paid employees.
9. The writ petition is accordingly ordered. No costs. Advocate's fee Rs. 350/-