HONOURABLE SRI JUSTICE G.CHANDRAIAH WRIT PETITION No.462 OF 2002 Dated 16-11-2010 Between: G.Sambaiah and others. …Petitioners. And: A.P. Schedule Castes Service Finance Corporation Ltd., represented by its Managing Director, Telugu Samkshema Bhavan, Masab Tank, Hyderabad and others. ……Respondents. HONOURABLE SRI JUSTICE G.CHANDRAIAH WRIT PETITION No.462 OF 2002 ORDER: This writ petition is filed seeking to declare action of the respondents in not paying the salaries to the petitioners from the month of March, 2001 as illegal, arbitrary and violative of Articles 14, 16 and 21 of the Constitution of India and consequently, direct the respondents to pay salaries to the petitioners regularly along with arrears for the work extracted from them. The case of the petitioners in brief is as follows: All the petitioners were appointed during the period 1985 to 1990 and they have been continuously working with the respondents all these years in various capacities and all of them have put in about 11 to 16 years of service in the respondent- organization. Most of the petitioners were appointed having been sponsored by the Employment Exchange after following the due process of selection and they are being paid the salaries in the scales attached to the respective posts in which each of them was working upto February, 2001, and from the month of March, 2001, the petitioners are not being paid any salaries. Thus, for the last 10 months, of all them are working without any salary. For all these months, petitioners have been working continuously and they are discharging their duties assigned to them. Though the petitioners have made several representations to the respondents for payment of salaries, neither they are paid nor replied to the said representations. It is stated that various other Government Departments are not paying the amounts due to the respondent-Corporation though the works were executed by the respondent-Corporation long back. The respondents are not in a position to collect the amounts from the other departments immediately, as a result of which, the petitioners are forced to remain without salaries for the last ten months. The 2nd respondent being the District Collector is diverting the works that are to be executed by the respondent- Corporation to other departments for political and other reasons resulting in a great loss to the Corporation and also its employees. In similar circumstances, some of the employees of the Guntur and Medak District Societies approached this Court and this Court has been pleased to grant interim directions in all those writ petitions. It is also stated that this court while finally disposing of the writ petition No.10538 of 2001 along with C.C.No.804 of 2001, filed by the employees of the Guntur District Scheduled Castes Service Coop. Society Ltd., had been pleased to direct the respondents therein including the 1st respondent herein to pay the salaries of the petitioners therein within a period of 2 months and also issued certain directions by a Judgment dated 28-12-2001. The said judgment of this Court is binding on the respondents 1 to 3 herein equally. Even in the case of the writ petitions filed by the other employees, the concerned societies have paid the salaries to the petitioners therein as per the interim directions of this Court. Hence, the petitioners herein are constrained to approach this Court. A Counter affidavit on behalf of the respondents had been filed, the averments of which are as follows: The Nellore District Scheduled Caste Service Co-opertive Society Limited was constituted and registered under A.P. Cooperative Societies Act. The main object of the society is to evolve schemes for the upliftment of the BC beneficiaries in the District and implement the same under the supervision and control of the 3rd respondent herein. The Government of Andhra Pradesh vide G.O.Ms.No.200, dated 12-9-1985 created engineering wings in the Districts and attached the same to the District Societies for implementing the technical work undertaken by the society. The Government also issued a Memo No.267/SLP-II/85-3, dated 12-9- 1985 wherein it was clearly mentioned that the recurring expenses of the engineering wings will be met from the supervision charges earned by the engineering wings against the execution of works sanctioned. The supervision charges/centage charges are not available at present and the salaries to the staff working in the engineering wing will have to be paid only after earning the centage charges. The salaries to the staff working in the engineering wing have been paid out of the funds earned under centage charges. As on the date the engineering wing is running under loss, the centage charges are in minus balance. At present, there is no sufficient workload in engineering wing and engineering wing is not having any centage charges and as a result, the engineering wing could not pay the salaries to the staff. As per the clear directions of the Government of A.P. in G.O.Ms.No.200, dated 12-9-1985 and also memo dated 12-9-1985, the pay ad allowances of the staff working in engineering wing has to be met out of and from the centage charges. It is also stated that there were also excess appointments in engineering wing. In view of the present crunch, some of the technical persons were sent to other organization namely District Primary Education Project. Steps have been taken by the society to send the employees working in the engineering wing to other departments on deputation as the engineering wing are not in a position to meet its recurring cost. The salaries for the staff working in engineering wing were not paid due to non-availability of centage charges and the salaries with arrears will be paid to the staff including petitioners soon after earning of centage charges or allotment of funds by the Government, if any. Similar issue arose for consideration in W.P.No.10538 of 2001 and this Court disposed of the said writ petition directing the Government of Andhra Pradesh to pay salaries to the staff working in the engineering wing of the District Societies. The Corporation is not in a position to pay the salaries to the staff working in the engineering wing and the salaries to the staff working in the engineering wing including the petitioners will be paid after the engineering wing started earning centage charges for the works executed by them. Heard the learned counsel on either side and perused the material available on record. On 7-2-2002, this Court while admitting the writ petition, issued notice in W.P.M.P.No.525 of 2002 wherein the petitioners sought for interim direction seeking a direction to the respondents to pay the salaries to the petitioners from March, 2001 till the date for the work extracted from them and continue to pay regularly every month pending the writ petition. On 26-9-2002, this Court directed that the respondent-corporation shall consider the payment of salaries to the petitioners subject to the availability of funds. Considering the facts and circumstances of the case and in view of the directions of this Court on 26-9-2002, I feel it appropriate to dispose of the writ petition directing the respondents to consider the case of the petitioners as per law and pass appropriate orders within a period of two months from the date of receipt of a copy of this order. No costs. __________________________ Justice G.CHANDRAIAH Dated 16-11-2010. Dvs HONOURABLE SRI JUSTICE G.CHANDRAIAH WRIT PETITION No.462 OF 2002 Dated 16-11-2010