*THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY + WRIT PETITION Nos.8032 of 2009 & 23290 of 2011 COMMON ORDER: % 27-09-2011 # Smt.B.V. Satyavathi & others ..petitioners And $ The State of A.P. rep. by its Principal Secretary, Youth Advancement Tourism & Cultural Department, Secretariat, Hyderabad & others ..Respondents !Counsel for the petitioners: Sri M. Ratna Reddy ^Counsel for respondents . : G.P for Tourism for RR1 & 2 Sri K. Ramanujachary, for R-3 < Gist: > Head Note: Citations: THE HON'BLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION Nos.8032 of 2009 & 23290 of 2011 COMMON ORDER: The petitioners were initially employed in the A.P. Transmission Receivers Organization, established by the Government of A.P. The said Organization was wound up in the year 1989 through G.O.Ms.No.380, dated 27.07.1989. A policy decision was taken to absorb the services of the petitioners in SETWIN, respondent No.3 herein. As a result, the petitioners are working in respondent No.3 in different capacities, but on consolidated pay with effect from 01.04.1991. The petitioners approached this Court by filing W.P.No.8209 of 1993 complaining that they are not being extended the benefit of time scale and regularization of services. The Managing Director of respondent No.3 assured that in case the writ petition is withdrawn, the cases of the petitioners would be considered and a memo to that effect was issued on 24.08.2001. The writ petition was withdrawn by the petitioners. Respondent No.3 addressed a letter, dated 28.06.2008, after prolonged correspondence to the Government in Youth Advancement Tourism & Cultural Department, respondent No.1 herein, requesting that permission may be accorded for extending the benefit of pay scale to the petitioners. He stated that the pay scale for the petitioners can be extended vis-a-vis the existing 8 vacancies of Junior Assistants and 8 vacancies of Helpers. Through communication, dated 13.02.2009, respondent No.1 rejected the proposal as not feasible. The same is challenged in these writ petitions. Heard the learned counsel for the petitioners and the learned counsel for the respondents. It is not in dispute that the petitioners were in a Government of A.P. undertaking, till the year 1989, and by virtue of an order passed in G.O.Ms.No.380, dated 27-07-1989, they were absorbed into the service of SETWIN. They are working in the said organization for the past two decades on consolidated pay. Ever since 1990, efforts were being made by them, to get the benefit of pay scales. The petitioners have approached this Court by filing W.P.No.8209 of 1993. A specific assurance was given to this Court by the Managing Director of SETWIN, way back in the year 2001, to the effect that the cases of the petitioners would be considered for extension of time scale of pay. There may have been impediments for the SETWIN, as long as there did not exist any clear vacancies. In his report dated 28-06-2008, the Managing Director of SETWIN clearly mentioned that the pay scales of 16 employees can be drawn against the existing vacancy posts of 8 Junior Assistants and 8 Helpers. Other arrangements connected to the issue were also indicated. He specifically stated that no additional financial assistance from the Government is needed, since as many as 98 vacancies have accumulated. The order passed by the 1st respondent is bereft of any reasons, and it reads as under: “The attention of the Managing Director, SETWIN, Hyderabad is invited to the references cited and he is informed that the proposal for awarding time scales to (25) APTRO employees working in the o/o SETWIN from the date of absorption with monetary benefit from 1.4.2009 onwards has been examined and not accepted to be feasible in the absence of clear sanctioned cadre strength. The Managing Director, SETWIN shall take necessary steps accordingly.” The Government, which claims to be interested in the welfare of youth and keeps on launching schemes, one after the other, cannot just exploit the persons by paying consolidated salaries for decades together. It is not as if the petitioners got entry into the service through objectionable means. They were the full-fledged employees of the A.P. Transmission Receivers Organisation, a Government undertaking, till it was wound up and their services were transferred to the SETWIN, under a G.O., issued by the Government. The only agency that could have felt the financial burden on account of extension of the benefit of pay scales would have been the SETWIN. In clear and unequivocal terms, SETWIN represented that it is not going to face any financial burden on account of the facility. Of late, a dangerous tendency has crept into the functioning of the Government. Except as regards the top-level posts, the approach of the Government appears to be, either not to fill the vacancies, or to fill them through outsourcing, if it becomes inevitable. For a small organization like SETWIN, as many as 98 vacancies have accumulated. The Government withheld permission to fill those posts and the organization is functioning with insufficient staff. Similar situation obtains in many departments of the Government and other organizations controlled by it. In case the Government felt that so many employees are not necessary, it could have just downsized the departments or organizations. Its austerity, if not peevishness is costing heavily, the functioning of departments of Government, Universities, local bodies and other organizations, like, SETWIN. They are subjected to slow degeneration, and already many of them are facing extinction. It needs a strong determination and farsightedness, to keep the departments and agencies of Government strong and healthy. One cannot imagine the functioning of organizations, without well-trained and well-paid personnel. Day in and day out, the authorities of the Government, particularly in Labour Welfare Department; prosecute and penalize the private employers of various hues, alleging that the wages stipulated for the posts are not being paid. When it comes to itself, the Government, in the recent past, is exhibiting double standard. It is beyond anybodies imagination that the State Government can permit the exploitation of employees on payment of consolidated wages, for decades together. The 1st respondent was unable to spell even a single reason, as to why the proposal submitted by the 3rd respondent cannot be approved. The impugned memo smacks of arbitrariness, unreasonableness and suffers from the vice of being, bereft of any reasons. The writ petition is accordingly allowed, and the impugned memo is set aside. The 1st respondent is directed to issue fresh orders within a period of four weeks from today. In case it chooses not to accord approval for the proposal submitted by the 3rd respondent, it shall be under obligation to furnish reasons, which, naturally would be subject to scrutiny by this Court, in the event of being challenged. There shall be no order as to costs. _______________________ L. NARASIMHA REDDY, J. Dt.27-09-2011. Note: L.R copy to be marked. (B/O) KDL/KO