THE HON’BLE SRI JUSTICE V.V.S.RAO AND THE HON’BLE SRI JUSTICE K.G.SHANKAR WRIT PETITION NOs.8066 AND 8024 OF 2004 COMMON ORDER: (Per the Hon’ble Sri Justice V.V.S.Rao) The petitioners filed original applications before the Andhra Pradesh Administrative Tribunal, Hyderabad (Tribunal), mainly praying for regularisation of their services as Work Inspectors/other categories of employees. By a common order dated 09.03.2004, the learned Tribunal disposed of O.A.No.1553 of 1999 (corresponding to W.P.No.8024 of 2004) and O.A.No.1978 of 1999 (corresponding to W.P.No.8066 of 2004) observing that the representation for regularisation and grant of minimum time scale be considered by the respondent-Municipality. Being aggrieved, the present Writ Petitions are filed, which are being disposed of by this common order. The nine petitioners in W.P.No.8024 of 2004 statedly have been working with the respondent as Work Inspectors for a long time. The two petitioners in the other Writ Petition have been working as Valve/Pump Operators for a long time. They were paid daily wages. According to them, they completed five years service as on 25.11.1993 and therefore, they have right to be regularised as per the scheme ordered by the Government in G.O.Ms.No.212, Finance & Planning Department, dated 22.04.1994. The learned Tribunal framed three issues namely, (i) Whether the applicants have to be treated as having completed five years of service without their actual completion of five years service as per the cut-off date mentioned under G.O.Ms.No.212, Finance and Planning Department, dated 22.04.1994; (ii) Whether the applicants who are not regularised in service are entitled to regular scale of pay by granting them the minimum time scale of pay; and (iii) What are the further directions to be given by this Tribunal with regard to the action already taken by the respondents in the matter. On the first question, the Tribunal recorded a finding that the petitioners did not complete five years of service on 25.11.1993 and therefore, their services cannot be regularised; on the second question, it was held that there were no sanctioned posts and therefore, mere completion of five years cannot give any right for regularisation; and on the third question, it was observed that unless and until their services were regularised, they not entitled for minimum scale of pay. The counsel for the petitioners submits that the petitioners are not pressing the relief of regularisation at this stage. Indisputably, according to them, as on 25.11.1993, they did not complete five years of regular service. Further, as found by the learned Tribunal, there were no clear sanctioned vacancies of Work Inspectors and Valve/Pump Operators. Therefore, we need not advert to this issue. Whether the petitioners are entitled for minimum time scale of pay even if they are considered as daily wage workers? This is no more res integra. The learned Tribunal decided this question in O.A.No.7915 of 2002 and batch. Therein, it was held that even the workers/employees engaged by municipal bodies/panchayat bodies for the purpose of health/sanitation and other works are paid daily wages and that such employees are entitled to claim minimum time scale of pay and also annual grade increments. This order of the Tribunal dated 26.08.2002 received approval when it was affirmed by the Division Bench of this Court in W.P.No.27214 of 2005. An SLP filed against the same being S.L.P (C) No.6422 of 2007 was dismissed on 23.11.2009. It is brought to our notice that this Bench in W.P.No.24130 of 2011 and batch, dated 30.08.2011, considered the same question and dismissed the Writ Petitions filed by the Government against the orders of the Tribunal directing grant of minimum time scale of pay and annual grade increments. The judgment squarely applies to the facts herein. The petitioners in W.P.No.8066 of 2004 initially filed W.P.No.21769 of 1998. While ordering notice before admission, this Court passed an interim order directing Nellore Municipality to pay minimum scale of pay to the petitioners. In obedience thereto, vide proceedings in ROC.No.E1/10145/98 dated 22.08.1998, the Commissioner of Nellore Municipality ordered to pay minimum time scale of pay. There is no dispute that as of now all the petitioners are being paid minimum time scale. In view of the above and following the judgments of this Court in W.P.No.27214 of 2005 and W.P.No.24130 of 2011 and batch, these two Writ Petitions are partly allowed directing the respondent-Municipality (now a Corporation), to continue to pay minimum time scale of pay and also release annual grade increments as long as the petitioners are employed in health/sanitary and construction works. There shall be no order as to costs. _______________ (V.V.S.RAO, J) ___________________ (K.G.SHANKAR, J) 17th October 2011 RRB