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WPS No. 298 of 2022
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
WPS No. 298 of 2022
Savitri Bai W/o Shyamlal Aged About 40 Years
R/o Village Mangchua, Gram Panchayat
Mangchua, House No. 30, District Balod,
Chhattisgarh.
Petitioner
Versus
1. Union Of India Through Secretary Ministry Of
Human Resources Development, Department Of
School Education And Literacy, Mid Day Meal
Division, Shastri Bhawan, New Delhi.
2. State Of Chhattisgarh, Through The
Secretary, Department Of Education Mahanadi
Bhawan, Mantralaya, Naya Raipur, District
Raipur, Chhattisgarh.
3. Directorate, School Education Through The
Director School Education, Shiksha Parisar,
Pension Bada, Raipur, District Raipur,
Chhattisgarh.
4. Block Education Officer, Dondi Lohara,
District Balod, Chhattisgarh.
5. Government Primary School, Mangchua, Through
The Headmaster Govt. Primary School,
Mangchua, Block Dondi Lohara, District
Balod, Chhattisgarh
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WPS No. 298 of 2022
6. State Of Chhattisgarh, Through The
Secretary, Department Of Finance, Mahanadi
Bhawan, Mantralaya, Naya Raipur, District
Raipur, Chhattisgarh.
Respondents
For Petitioner : Mr. B.P. Singh, Advocate. For UOI/Respondent No.1 : Mr. Tushar Diwan, Advocate.
For State/Respondents No.2 to 6 : Ms. Sunita Jain, G.A.
Hon'ble Shri Justice Sanjay K. Agrawal Order On Board (Through Video Conferencing) 19/01/2022
1. Learned counsel for the petitioner would submit that the petitioner is working on the post of Cook in the Government Primary School, Mangchua and she is being paid only Rs.1200/ per month i.e. Rs.40/ per day, whereas, according to the schedule Annexure P/2, minimum wages prescribed by the Chhattisgarh Minimum Wage, she is entitled for Rs.306.67/ per day. He would rely upon the judgment of the Supreme Court in the matter of State of Punjab & Ors. vs. Jagjit Singh & Ors., decided on 26th October, 2016 3 WPS No. 298 of 2022 in which the Supreme Court has held that the principle of equal pay for equal work will also applicable to all the temporary employees and has been held as under: "54. There is no room for any doubt, that the principle of 'equal pay for equal work' has emerged from an interpretation of different provisions of the Constitution. The principle has been expounded through a large number of judgments rendered by this Court, and constitutes law declared by this Court. The same is binding on all the courts in India, under Article 141 of the Constitution of India. The parameters of the principle, have been summarized by us in paragraph 42 hereinabove. The principle of 'equal pay for equal work' has also been extended to temporary employees (differently described as work charge, dailywage, casual adhoc, contractual, and the like). The legal position, relating to temporary employees, has been summarized by us, in paragraph 44 hereinabove. The above legal position which has been repeatedly declared, is being reiterated by us, yet again".
2. In view of the above, respondent No.2 is 4 WPS No. 298 of 2022 directed to consider the representation of the petitioner in the light of aforesaid judgment of the Supreme Court within 30 days from the date of receipt of certified copy of this order and to pass a reasoned order in accordance with law on its own merit. The petitioner is at liberty to make an additional representation, if any.
3. With the aforesaid direction, the writ petition stands finally disposed off.
Sd/ (Sanjay K. Agrawal) Judge Ankit