Andhra HC (Pre-Telangana)
K. Anjemma And Ors. vs A.P. Women'S Co-Operative Finance ... on 23 July, 1999
Equivalent citations: 1999(6)ALT537
Author: G. Raghuram
Bench: G. Raghuram
ORDER G. Raghuram, J.
1. In all these writ petitions the petitioners are the employees of the A.P. Women's Co-operative Finance Corporation (for short 'the Corporation') and working either in the administrative department of the Corporation itself or in its units including the printing press administered by the said Corporation. The common refrain of the writ petitioners is that they have been in service for a long time and are being paid salaries on consolidated basis without extending them the benefit of regular scales of pay and continuing them on precarious tenure of service without regularising their services with the consequent benefits thereon. Some of the petitioners of this batch of cases also aver that their initial appointment has been consequent upon a request by the Corporation to the concerned Employment Exchange, sponsorship from the said Employment Exchange and appointment pursuant to such sponsorship and that as a result of these pre-employment procedures having been complied their employment should be deemed to be a regular employment and the action and conduct of the respondent-Corporation continuing them on consolidated basis without regularising their services is arbitrary and inconsistent with the status of the respondent-Corporation as an agent and instrumentality of the State which is enjoined to act fairly and equitably with its employees who are in public employment.
2. Learned Standing Counsel for the Corporation contends that some of the petitioners are working in the printing press while the others are in the main administrative department of the Corporation and that the conditions of service and the administrative problems are distinct in respect of these two areas and that while the printing press unit generates profit, the general administration department is grant dependent thus posing differential administrative constraints to absorption. She also contends that some of the employees fall within the parameters of G.O.Ms. No. 212 Fin. & Plg., dated 22-4-1994 and on that basis proposals have been sent by the Corporation to the State Government seeking approval for regularisation of their services in terms of the said G.O. In her contention other petitioners do not fall within the benefits available under G.O.Ms. No. 212, dated 22-4-1994 and that they are not entitled for consideration of the benefits under the said G.O. There is yet a third category, according to the learned Standing Counsel, who have put in a very short service tenure of one or two years and in respect of these petitioners the principle of long continuance in service and therefore entitlement to regularisation enunciated by various Courts would not apply and they would not be entitled to the relief sought for.
3. It is not necessary to narrate all individual facts of each case. Learned Counsel for the petitioners have addressed the Court at length on the issue that Courts have granted interlocutory orders directing payment of scale of pay, directing regularisation and absorption into service of the Corporation and that the said orders granted by the learned single Judge having been carried in appeal unsuccessfully have been further carried to the Supreme Court and are pending consideration before the Supreme Court.
4. Learned Counsel for the respondent-Corporation, however, contends that the effective implementation of any orders would not be possible on the part of the respondent-Corporation without the State Government being a party to these writ petitions, so that the State Government may provide the necessary outlays to implement the scheme of regularisation consequent upon any direction of this Court. In all these writ petitions the fact of the matter is that the State Government is not a party.
5. In the totality of the aforesaid circumstances, I direct the respondent-Corporation to consider the cases of each of the petitioners for regularisation of their services in accordance with the provisions of G.O.Ms. No. 212 Fin. & Pig. dated 22-4-1994 as interpreted by any binding law declared. The petitioners thereafter be entitled to be paid wages on par with the wages paid to the regular employees of the corresponding category, on such regularisation. The above consideration shall be finalised by the Corporation within a period of three months from the date of receipt of a copy of this order and if the Corporation requires the approval or sanction of the State Government for implementation of the orders of this Court in respect of any petitioner who has been considered by the said Corporation as eligible for the benefits available under G.O.Ms. No. 212 Fin. & Pig. dated 22-4-1994, then in any such case, the Corporation shall send such proposals to the State Government for its consideration and appropriate orders within the said period of three months.
6. With the above directions the writ petitions are disposed of. No costs.