Chattisgarh High Court
Shri Gendlal Mandavi vs Union Of India on 8 February, 2022
Page 1 of 7
NAFR
HIGH COURT OF CHHATTISGARH At BILASPUR
WPS No. 810 of 2022
1. Shri Gendlal Mandavi, S/o Lagnuram, aged about 44 years, R/o
Village Arajpuri, Tehsil Dondi Lohara, District- Balod (C.G.)
2. Shri Jahrit Ram, S/o Udas Singh, aged about 41 years, R/o Village
Arajpuri, 43, P.S. and Tehsil Dondi Lohara, District- Balod (C.G.)
---- 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 Bawan, Mantralaya, Naya Raipur, District-
Raipur (C.G.)
3. Directorate, School Education, through- The Director, School
Education, Shiksha Parishar, Pension Bada, Raipur District- Raipur
(C.G.)
4. Block Education Officer, Dondi Lohara, District- Balod (C.G.)
5. Government Middle and Primary School Arajpuri, Block Dondi Lohara,
District- Balod (C.G.)
6. State of Chhattisgarh, through The Secretary, Department of Finance,
Mahanadi Bhawan, Mantralaya, Naya Raipur District- Raipur (C.G.)
---- Respondents
****
WPS No. 826 of 2022
1. Shri Dwarika Prasad Deshmukh, S/o Rajgir Deshmukh, aged about 46
years, R/o Village Bundeli, Tehsil Dondi Lohara, District Balod (C.G.)
2. Smt. Revati Bai Sahu, W/o Bhimsingh Sahu, aged about 32 years, R/o
Village Bundeli, Tehsil Dondi Lohara, District Balod (C.G.)
3. Smt. Maheshwari Bai Deshmukh, W/o Dwarika Prasad Deshmukh,
aged about 35 years, R/o Village Bundeli, Tehsil Dondi Lohara, District
Balod (C.G.)
---- 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 Bawan, Mantralaya, Naya Raipur, District-
Raipur (C.G.)
3. Directorate, School Education, through- The Director, School
Education, Shiksha Parishar, Pension Bada, Raipur District- Raipur
(C.G.)
4. Block Education Officer, Dondi Lohara, District- Balod (C.G.)
5. Government Middle School, Bundeli, Block Dondi Lohara, District-
Balod (C.G.)
6. State of Chhattisgarh, through The Secretary, Department of Finance,
Mahanadi Bhawan, Mantralaya, Naya Raipur District- Raipur (C.G.)
---- Respondents
****
WPS No. 827 of 2022
1. Shri Yashwant Kumar Koliyara, S/o Gaukaran Singh Koliyara, aged
about 35 years, R/o Village Rengadabri, Tehsil Dondi Lohara, District
Balod, (C.G.)
2. Smt Ganga Bai, W/o Pyare Lal, aged about 38 years, R/o Village
Rengadabri, Tehsil Dondi Lohara, District Balod, (C.G.)
3. Smt. Arun Bai Vishwakarma, W/o Sadaram Vishwakarma, aged about
36 years, R/o Village Rengadabri, Tehsil Dondi Lohara, District Balod,
(C.G.)
---- 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 Bawan, Mantralaya, Naya Raipur, District-
Raipur (C.G.)
3. Directorate, School Education, through- The Director, School
Education, Shiksha Parishar, Pension Bada, Raipur District- Raipur
(C.G.)
4. Block Education Officer, Dondi Lohara, District- Balod (C.G.)
5. Government Middle and Primary School, Rengadabri, Block Dondi
Lohara, District- Balod (C.G.)
6. State of Chhattisgarh, through The Secretary, Department of Finance,
Mahanadi Bhawan, Mantralaya, Naya Raipur District- Raipur (C.G.)
---- Respondents
****
WPS No. 842 of 2022
1. Smt. Sunti Bai Yadav, W/o Late Amar Singh Yadav, aged about 40
years, R/o Village Karregaon, Tehsil Dondilohara, District Balod (C.G.)
2. Smt. Prabha Bai Bhuarya, W/o Chabilal Bhuarya, aged about 35
years, R/o Village Karregaon, Tehsil Dondilohara, District Balod (C.G.)
3. Smt. Tilobai Rawte, W/o Bahursingh Rawte, aged about 47 years, R/o
Village Karregaon (Jholatola), Gram Panchayat Karregaon, Post
Dangadh, Tehsil Dondilohara, District Balod (C.G.)
4. Smt. Biram Bai Koma, W/o Nirgu Ram Koma, aged about 35 years,
R/o Village Karregaon (Jholatola), Gram Panchayat Karregaon, Post
Dangadh, Tehsil Dondilohara, District Balod (C.G.)
5. Shri Punaram Yadav, S/o Devalu Ram, aged about 53 years, R/o
Village Karregaon (Jholatola), Gram Panchayat Karregaon, Post
Dangadh, Tehsil Dondilohara, District Balod (C.G.)
---- 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 Bawan, Mantralaya, Naya Raipur, District-
Raipur (C.G.)
3. Directorate, School Education, through- The Director, School
Education, Shiksha Parishar, Pension Bada, Raipur District- Raipur
(C.G.)
4. Block Education Officer, Dondi Lohara, District- Balod (C.G.)
5. Government Middle and Primary School, Karregaon, Block Dondi
Lohara, District- Balod (C.G.)
6. State of Chhattisgarh, through The Secretary, Department of Finance,
Mahanadi Bhawan, Mantralaya, Naya Raipur District- Raipur (C.G.)
---- Respondents
****
WPS No. 844 of 2022
1. Smt. Manbha Bai Yadav, W/o Sukhram Yadav, aged about 36 years,
R/o Village Annutola, Gram Panchayat Bhimatola, Tehsil Dondi
Lohara, District Balod (C.G.)
2. Smt. Dehuti Bai Sahu, W/o Late Keshavram Sahu, aged about 41
years, R/o Village Annutola, Tehsil Dondi Lohara, District Balod (C.G.)
---- 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 Bawan, Mantralaya, Naya Raipur, District-
Raipur (C.G.)
3. Directorate, School Education, through- The Director, School
Education, Shiksha Parishar, Pension Bada, Raipur District- Raipur
(C.G.)
4. Block Education Officer, Dondi Lohara, District- Balod (C.G.)
5. Government Middle and Primary School, Annutola, Block Dondi
Lohara, District- Balod (C.G.)
6. State of Chhattisgarh, through The Secretary, Department of Finance,
Mahanadi Bhawan, Mantralaya, Naya Raipur District- Raipur (C.G.)
---- Respondents
****
WPS No. 850 of 2022
1. Smt. Saraswati Bai, W/o Luman Lal, aged about 42 years, R/o Village
Banjari, Gram Panchayat Banjari, 42 Post Rengadabri, Tehsil Dondi
Lohara, District Balod, (C.G.)
2. Smt. Rajeshwari Bai, W/o Fagu Ram, aged about 32 years, R/o Village
Banjari, Gram Panchayat Bhimpuri, 42 Post Rengadabri, Tehsil Dondi
Lohara, District Balod, (C.G.)
3. Smt. Dameshwari Bai, W/o Doman, aged about 31 years, R/o Village
Banjari, Gram Panchayat Banjari, Post Rengadabri, Tehsil Dondi
Lohara, District Balod, (C.G.)
4. Smt. Jeetu Bai, W/o Deman Lal Bhuarya, aged about 25 years, R/o
Village Banjari, Gram Panchayat Banjari, Post Rengadabri, Tehsil
Dondi Lohara, District Balod, (C.G.)
---- 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 Bawan, Mantralaya, Naya Raipur, District-
Raipur (C.G.)
3. Directorate, School Education, through- The Director, School
Education, Shiksha Parishar, Pension Bada, Raipur District- Raipur
(C.G.)
4. Block Education Officer, Dondi Lohara, District- Balod (C.G.)
5. Government Primary School, Banjari, Block Dondi Lohara, District-
Balod (C.G.)
6. State of Chhattisgarh, through The Secretary, Department of Finance,
Mahanadi Bhawan, Mantralaya, Naya Raipur District- Raipur (C.G.)
---- Respondents
For Petitioners : Mr. S.K. Singh, Advocate
For Respondent-UOI : Mr. Sanjeev Pandey, Advocate
For Respondents-State : Mr. Sunita Jain, Government Advocate
Hon'ble Shri Justice Sanjay K. Agrawal
Order On Board (through Video Conferencing)
08.02.2022
1. Regard being had to the similitude of questions involved and on the
joint request of learned counsels for the parties, these matters are
analogously heard and are decided by this common order.
2. Learned counsel for the petitioners submits that the petitioners are
working on the post of Cook in different Government Middle and Primary
School/Government Middle School/Government Primary School within the
ambit of Block-Dondi Lohara, District Balod (C.G.) 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. Learned counsel
for the petitioners 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 in Para-54 of the judgment has 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, daily-wage,
casual ad-hoc, 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- Secretary, Department of
Education, State of Chhattisgarh, Raipur is 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 and speaking order in accordance with law on
its own merit. The petitioners are at liberty to make an additional
representation, if any.
4. With the aforesaid direction, the writ petitions stand finally disposed off.
S d/-Sd/-
(Sanjay K. Agrawal)
Judge
[email protected]
