Tameshwari Bai vs Union Of India

                                1
                                             WPS No. 1379 of 2022

                                                               NAFR

    HIGH COURT OF CHHATTISGARH, BILASPUR

                 WPS No. 1379 of 2022

1. Tameshwari Bai W/o Narayan Say, Aged About
  32 Years, R/o Village Arajpuri Patwari Halka
  No.     43,     Thana     And       Tahsel     Daundilohara,
  District       Balod,    Working       As A Cook           In The
  Primary       Govt.      School       Arajpuri,        District
  Balod Chhattisgarh.

2. Shri   Bhuvneshwar          S/o     Shri     Santram,       Aged
  About 39 Years, R/o Village Khairkatta, Post
  Regadabri        Thana       And    Tahsel     Daundilohara,
  District       Balod,     Working      As    Cook     In    Govt.
  Primary       School     Khairkatta,        District       Balod,
  Chhattisgarh.

3. Shri Khilendra Kumar S/o Siyaram, Aged About
  26    Years,     R/o     Village      Arjuni,        Khairkatta
  Post          Regadabri            Thana       And         Tahsel
  Daundilohara, District Balod, Working As A
  Cook     In      Govt.       Primary        School      Arjuni,
  District Balod Chhattisgarh.

4. Santoshi      Bai     W/o     Mohanban       Goswami,       Aged
  About 40 Years, R/o Village Arajpuri, Thana
  And     Tahsel       Daundilohara,          District       Balod,
  Working As A Cook In Govt. Primary School
  Arajpuri, District Balod Chhattisgarh.

5. Birendra Kumar S/o Bhunesar Ram, Aged About
  30 Years, R/o Village Arajpuri Patwari Halka
                               2
                                         WPS No. 1379 of 2022

  No.      43,    Thana     And     Tahsel    Daundilohara,
  District Balod, Working As A Cook In Govt.
  Middle         School     Arajpuri      District     Balod
  Chhattisgarh.

                                          ­­­­ Petitioners

                          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 Arjuni Through The
  Headmaster        Govt.    Primary     School,     Arajpuri
  (For Petitioner No. 1, 4 And 5), Block Dondi
  Lohara, District Balod Chhattisgarh.

6. Government Primary School Khairkatta Through
  The Head Master Khairkatta (For Petitioner
  No. 2) Block Dondi Lohara, District Balod
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                                          WPS No. 1379 of 2022

    Chhattisgarh.

  7. Government Primary School Arjuni Through The
    Head     Master    (For     Petitioner        No.3)     Block
    Dondi Lohara, District Balod Chhattisgarh.

  8. State Of Chhattisgarh Through The Secretary,
    Department        Of     Finance,     Mahanadi        Bhawan,
    Mantralaya        Naya     Raipur      District        Raipur
    Chhattisgarh.

                                           ­­­­ Respondents

For Petitioners :­ Mr. Vidya Bhushan Soni, Adv. For UOI :­ Mr. Abhishek chandra Gupta, Adv. For State :­ Mr. Hari Om Rai, PL Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 03/03/2022

1. Learned counsel for the petitioners would submit that the petitioners are working on the post of Cook under the scheme of mid day meal under Block Dondi Lohara and they are 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, they are entitled for Rs.306.67/­ per day. 4

WPS No. 1379 of 2022 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 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 5 WPS No. 1379 of 2022 position which has been repeatedly declared, is being reiterated by us, yet again".

2. In view of the above, respondent No.2 is directed to consider the representations of the petitioners 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 petitioners are at liberty to make an additional representation, if any.

3. With the aforesaid direction, the writ petitions stand finally disposed off. No order as to cost(s).

Sd/­ (Sanjay K. Agrawal) Judge Ankit