Chattisgarh High Court

Smt. Annubai vs Union Of India on 25 February, 2022

                                1


                                                           NAFR

    HIGH COURT OF CHHATTISGARH, BILASPUR

                 WPS No. 977 of 2022

 Nilkunwar Bai Nishad wd/o Late Balram Nishad
  aged     about      40    years,    Working    as    cook   at
  Govt. Primary School Dongaghat, Block Amba
  Chowki, District Rajnandgaon, Caste Nishad,
  R/o    Village       Dongaghat,       Post    Amba    Chowki,
  Tahsil Mohala, District Rajnandgaon (CG)

                                              Petitioner

                            Versus

1. Union    Of     India        Through    the       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. The     Secretary,         Department        of     Finance,
  Mahanadi       Bhawan,        Mantralay,      Naya    Raipur,
  District Raipur (CG)

4. The   Director,         School    Education    Directorate
  School    Education,          Shiksha   Parisar,      Pension
  Bada, Raipur, District Raipur (CG)

                                            Respondents

WPS No. 1193 of 2022

 Smt.Janki Shandil w/o Rohit Kumar Shandil, aged about 56 years, Working as cook at Govt.Girls Middle School Rengakathera, Block Mohala, District Rajnandgaon, R/o Village Rengakathera, Tahsil Mohala, District Rajnandgaon (CG)

Petitioner

Versus

1. Union Of India Through the 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. The Secretary, Department of Finance, Mahanadi Bhawan, Mantralay, Naya Raipur, District Raipur (CG)

4. The Director, School Education Directorate School Education, Shiksha Parisar, Pension Bada, Raipur, District Raipur (CG)

Respondents

WPS No. 1137 of 2022

 Smt.Rupkunwar Yadav w/o Dukhit Ram Yadav,

aged about 42 years, Working as cook at Govt. Girls Middle School Rangakathera, R/o Village Rengakathera, Tahsil Mohala, District Rajnandgaon (CG)

Petitioner

Versus

1. Union Of India Through the 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. The Secretary, Department of Finance, Mahanadi Bhawan, Mantralay, Naya Raipur, District Raipur (CG)

4. The Director, School Education Directorate School Education, Shiksha Parisar, Pension Bada, Raipur, District Raipur (CG)

Respondents

WPS No. 1125 of 2022

 Smt.Chandar Bai Nishad w/o Sampat Lal Nishad, aged about 33 years, Working as cook at Govt. Boys Middle School, Rengakathera, R/o Village Rengakathera, Tahsil Mohala,

District Rajnandgaon (CG)

Petitioner

Versus

1. Union Of India Through the 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. The Secretary, Department of Finance, Mahanadi Bhawan, Mantralay, Naya Raipur, District Raipur (CG)

4. The Director, School Education Directorate School Education, Shiksha Parisar, Pension Bada, Raipur, District Raipur (CG)

Respondents

WPS No. 1124 of 2022

 Smt.Dharmo Bai w/o Ashwan Nirmalkar, aged about 41 years, Working as cook at Govt. Primary School Rengakathera, Block Mohala, District Rajnandgaon, R/o Village Rengakathera, Tahsil Mohala, District Rajnandgaon (CG)

Petitioner

Versus

1. Union Of India Through the 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. The Secretary, Department of Finance, Mahanadi Bhawan, Mantralay, Naya Raipur, District Raipur (CG)

4. The Director, School Education Directorate School Education, Shiksha Parisar, Pension Bada, Raipur, District Raipur (CG)

Respondents

WPS No. 1120 of 2022

 Rahimat Bai w/o Sukal Singh, aged about 42 years, Working as cook at Govt. Primary School Dundera, Block Mohala, District Rajnandgaon, R/o Village Dundera Rengakathera, Block Mohla, District Rajnandgaon (CG)

Petitioner

Versus

1. Union Of India Through the 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. The Secretary, Department of Finance, Mahanadi Bhawan, Mantralay, Naya Raipur, District Raipur (CG)

4. The Director, School Education Directorate School Education, Shiksha Parisar, Pension Bada, Raipur, District Raipur (CG)

Respondents

WPS No. 1118 of 2022

 Niranjan Lal S/o Santram Yadav, aged about 41 years, Working as cook at Govt.Primary School Nichekohda Sankul Block Amba Chowki District Rajnandgaon, R/o Village Rengakathera, Block Amba Chowki, District Rajnandgaon (CG)

Petitioner

Versus

1. Union Of India Through the 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. The Secretary, Department of Finance, Mahanadi Bhawan, Mantralay, Naya Raipur, District Raipur (CG)

4. The Director, School Education Directorate School Education, Shiksha Parisar, Pension Bada, Raipur, District Raipur (CG)

Respondents

WPS No. 981 of 2022

 Siru Ram S/o Sukhuram, aged about 41 years, Working as cook at Govt.Middle School, Mispri, Block Mohala, District Rajnandgaon, Caste Gond, R/o Village Mispri, Post Marri, Tahsil Mohala, District Rajnandgaon (CG)

Petitioner

Versus

1. Union Of India Through the 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. The Secretary, Department of Finance, Mahanadi Bhawan, Mantralay, Naya Raipur, District Raipur (CG)

4. The Director, School Education Directorate School Education, Shiksha Parisar, Pension Bada, Raipur, District Raipur (CG)

Respondents

WPS No. 989 of 2022

 Jhamit Bai w/o Shri Ram Patel, aged about 37 years, Working as cook at Govt.Primary School Jabkasa, Block Mohala, District Rajnandgaon, R/o Village Jabkasa, Tahsil Mohala, District Rajnandgaon (CG)

Petitioner

Versus

1. Union Of India Through the 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. The Secretary, Department of Finance, Mahanadi Bhawan, Mantralay, Naya Raipur, District Raipur (CG)

4. The Director, School Education Directorate School Education, Shiksha Parisar, Pension Bada, Raipur, District Raipur (CG)

Respondents

WPS No. 991 of 2022

 Jantri Bai w/o Shri Dwarpal Netam, aged about 37 years, Working as cook at Govt.Primary School Rengakathera, Block Mohala, District Rajnandgaon, Caste Gond, R/o Village Rengakathera, Post Mohala, Tahsil Mohala, District Rajnandgaon (CG)

Petitioner

Versus

1. Union Of India Through the 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. The Secretary, Department of Finance, Mahanadi Bhawan, Mantralay, Naya Raipur,

District Raipur (CG)

4. The Director, School Education Directorate School Education, Shiksha Parisar, Pension Bada, Raipur, District Raipur (CG)

Respondents

WPS No. 994 of 2022

 Sohaga Bai wd/o Late Shrawan Kumar Oty, aged about 41 years, Working as cook at Govt. Primary School Rengakathera, Block Mohala, District Rajnandgaon, Caste Gond, R/o Village Rengakathera, Post Mohala, Tahsil Mohala, District Rajnandgaon (CG)

Petitioner

Versus

1. Union Of India Through the 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. The Secretary, Department of Finance, Mahanadi Bhawan, Mantralay, Naya Raipur, District Raipur (CG)

4. The Director, School Education Directorate

School Education, Shiksha Parisar, Pension Bada, Raipur, District Raipur (CG)

Respondents

WPS No. 1003 of 2022

 Amerika Bai w/o Nand Kishor, aged about 33 years, Working as cook at Govt. Middle School Ranatola, Block Mohala, District Rajnandgaon, Caste Halba, R/o Village Ranatola, Post Alkanhar, Tahsil Mohala, District Rajnandgaon (CG)

Petitioner

Versus

1. Union Of India Through the 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. The Secretary, Department of Finance, Mahanadi Bhawan, Mantralay, Naya Raipur, District Raipur (CG)

4. The Director, School Education Directorate School Education, Shiksha Parisar, Pension Bada, Raipur, District Raipur (CG)

Respondents

WPS No. 1022 of 2022

 Smt.Radha Jureshiya w/o Sukalu Ram Jureshiya, aged about 35 years, Working as cook at Government Girls Middle School Mohala, Block Mohala, District Rajnandgaon, R/o Village Mohala, Block Mohla, District Rajnandgaon (CG)

Petitioner

Versus

1. Union Of India Through the 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. The Secretary, Department of Finance, Mahanadi Bhawan, Mantralay, Naya Raipur, District Raipur (CG)

4. The Director, School Education Directorate School Education, Shiksha Parisar, Pension Bada, Raipur, District Raipur (CG)

Respondents

WPS No. 1030 of 2022

 Sita Bai w/o Late Bhikham, aged about 40 years, Working as cook at Government Primary School Dundera, Block Mohala, District Rajnandgaon, R/o Village Dundera, Post Rengakathera, Block Mohla, District Rajnandgaon (CG)

Petitioner

Versus

1. Union Of India Through the 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. The Secretary, Department of Finance, Mahanadi Bhawan, Mantralay, Naya Raipur, District Raipur (CG)

4. The Director, School Education Directorate School Education, Shiksha Parisar, Pension Bada, Raipur, District Raipur (CG)

Respondents

WPS No. 1061 of 2022

 Dwarika Bhuarya w/o Jodhiram, aged about 51

years, Working as cook at Government Boys Primary School Mohala, Block Mohala, District Rajnandgaon, R/o Village Mohala, Block Mohla, District Rajnandgaon (CG)

Petitioner

Versus

1. Union Of India Through the 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. The Secretary, Department of Finance, Mahanadi Bhawan, Mantralay, Naya Raipur, District Raipur (CG)

4. The Director, School Education Directorate School Education, Shiksha Parisar, Pension Bada, Raipur, District Raipur (CG)

Respondents

WPS No. 1394 of 2022

 Sultana w/o Sham, aged about 37 years, Working as cook at Govt. Primary School Khunera, Sankul Patan Block Mohala, District Rajnandgaon, R/o Village Khunera, Post

Sankul Patan, Tahsil Mohala, District Rajnandgaon (CG)

Petitioner

Versus

1. Union Of India Through the 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. The Secretary, Department of Finance, Mahanadi Bhawan, Mantralay, Naya Raipur, District Raipur (CG)

4. The Director, School Education Directorate School Education, Shiksha Parisar, Pension Bada, Raipur, District Raipur (CG)

Respondents

and

WPS No. 1395 of 2022

 Smt.Annubai w/o Ashok Kumar Koliyare, aged about 56 years, Working as cook at Govt. Boys Middle School Rengakathera, Block Mohala, District Rajnandgaon, R/o Village Rengakathera, Tahsil Mohala, District

Rajnandgaon (CG)

Petitioner

Versus

1. Union Of India Through the 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. The Secretary, Department of Finance, Mahanadi Bhawan, Mantralay, Naya Raipur, District Raipur (CG)

4. The Director, School Education Directorate School Education, Shiksha Parisar, Pension Bada, Raipur, District Raipur (CG)

Respondents

For Petitioners : Mr. N.K.Malviya, Advocate. For UOI : Mr. Tushar Diwan, Mr.Sanjeev Pandey, Mr.S.S.Baghel, Ms Supriya Upasane, Mr.Keshav Gupta, Mr.Abhishek Chandra Gupta and Ms Ayushi Agrawal, Advocates.

For State : Ms. Sunita Jain, G.A.

Hon'ble Shri Justice Sanjay K. Agrawal Order On Board

25/02/2022

1. Since common question of law and fact is

involved in these writ petitions, they were

clubbed together and heard together and are

being disposed off by this common order.

2. Learned counsel for the petitioners would

submit that the petitioners are working on

the post of Cook under the scheme of midday

meal in different schools of District

Rajnandgaon 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. 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 position which has been repeatedly declared, is being reiterated by us, yet again".

3. 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. This

Court has not expressed any opinion on

merits of the matter.

4. With the aforesaid direction, the writ