P.Bhupathi Reddy, v. State Of Telangana

THE HON'BLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION Nos.16282 & 15952 OF 2017 Dated:28.04.2017 Between:

P. Bhupathi Reddy, S/o. Venkat Raji Reddy, Aged about 42 years, Occ: HMV Driver, R/o.H.No.6-378/A, Manikyanagar, HMT Road, Jeedimetla, Chintal, Hyderabad and others .. Petitioners And State of Telangana, rep., by its Principal Secretary, Tourism Department, Secretariat, Hyderabad and another .. Respondents The Court made the following:

THE HON'BLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION Nos.16282 & 15952 OF 2017 COMMON ORDER:

Petitioners are working as Drivers in the second respondent - Corporation, appointed through an outsourcing agency. Petitioners claim for grant of equal pay for equal work rendered by them. In support of their prayer, petitioners placed reliance on decision of Division Bench of this Court in W.A.No.736 of 2016, dated 6.12.2016.

2.

W.P.No.18550 of was filed praying to grant regularization of the services of petitioners therein. Learned single Judge of this Court, while declining the prayer to grant regularization, directed grant of equal pay for equal work pursuant to proceedings dated 21.01.2013. Aggrieved by the same, Corporation filed W.A.No.736 of 2016.

3.

Following the decision of the Supreme Court in State of Punjab and others Vs. Jagjit Singh and others (Civil Appeal No. 213 of 2013 dated 26.10.2016), the Division Bench held that the claim of the petitioners for grant of equal pay for equal work is valid and upheld the decision of the learned single Judge. The impact of the said directions would mean that the decision taken by the respondent - Corporation to extend equal pay for equal work to contract employees is also extended to the drivers, though, according to respondent - Corporation, drivers were engaged through an outsourcing agency.

4.

I am of the opinion that claim made in these Writ Petitions is covered by the decision of the Division Bench of this Court in W.A.No.736 of 2016.

5.

Accordingly, the writ petitions are allowed directing the respondent - Corporation to extend the same benefits as extended to the petitioners in W.P.No.18550 of 2014 to the petitioners herein also. There shall be no order as to costs.

Miscellaneous Petitions, if any, pending in the Writ Petitions shall stand closed.

____________________ P. NAVEEN RAO, J Date:28.04.2017 KH