Smt. Thagiya Bai vs Union Of India
2022 Latest Caselaw 845 Chatt

                            1
                                WPS No. 1055 of 2022 & Ors.

                                                       NAFR

    HIGH COURT OF CHHATTISGARH, BILASPUR

               WPS No. 1055 of 2022

1. Smt. Ankalhin Bai W/o Rajkumar, Aged About
  41   Years,     R/o     Badajungera,      Block    Dondi
  Lohara District Balod Chhattisgarh.

2. Smt. Nirmala Bai W/o Amlash, Aged About 40
  Years, R/o Badajungera, Block Dondi Lohara
  District Balod Chhattisgarh.

3. Smt. Fuleshwari W/o Rohidas, Aged About 38
  Years, R/o Badajungera, Block Dondi Lohara
  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 Parishar,
  Pension      Bada,      Raipur      District      Raipur
  Chhattisgarh.
                                2
                                   WPS No. 1055 of 2022 & Ors.

4. Block    Education        Officer,           Dondi     Lohara,
  District Balod Chhattisgarh.

5. Government Primary And Girls School Through
  Head Master Badajungera, Block Dondi Lohara,
  District Balod Chhattisgarh.

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

                                              ­­­­ Respondents

WPS No. 1059 of 2022

 Ramesh Kumar Purame S/o Bisesar Singh Purame, Aged About 32 Years, R/o Village Usritola, Block Dondi Lohara, 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 Parishar,

WPS No. 1055 of 2022 & Ors.

Pension Bada, Raipur, District Raipur Chhattisgarh.

4. Block Education Officer, Dondi Lohara, District Balod Chhattisgarh.

5. Government Primary School Through Head Master Government Primary School Usritola, Block Dondi, Lohara, District Balod Chhattisgarh.

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

­­­­ Respondents

WPS No. 1060 of 2022

 Smt. Thagiya Bai W/o Kirtan Lal, Aged About 30 Years, R/o Village Narshotola, Block Dondi Lohara, District 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, Mhanadi Bhawan, Mantralaya, Naya Raipur, District Raipur Chhattisgarh.

WPS No. 1055 of 2022 & Ors.

3. Directorate, School Education Through The Director School Education, Shiksha Parishar, Pension Bada, Raipur District Raipur Chhattisgarh.

4. Block Education Officer, Dondi Lohara, District Balod Chhattisgarh.

5. Government Primary School, Through Head Master Government Primary School Narshutola, Bloc Dondi Lohara, District Balod Chhattisgarh.

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

­­­­ Respondents

WPS No. 1126 of 2022

1. Ganit Ram S/o Shri Dev Singh, Aged About 42 Years, R/o Village Tekapar, Gram Panchayat Kamkapar, Block Dondi Lohara, District Durg (Now Balod) Chhattisgarh.

2. Kanwal Singh S/o Shri Mehattar Ram, Aged About 42 Years, R/o Village Kolatola, Gram Panchayat Kamkapar, Block Dondi Lohara, District Durg (Now Balod) Chhattisgarh.

­­­­ Petitioners

Versus

1. Union Of India Through Secretary, Ministry

WPS No. 1055 of 2022 & Ors.

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 Parishar, Pension Bada, Raipur, District Raipur Chhattisgarh.

4. Block Education Officer, Dondi Lohara, District Balod Chhattisgarh.

5. Government Primary And Middle School Through Head Master, Kamkapar, Block Dondi Lohara, District Balod Chhattisgarh.

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

­­­­ Respondents

WPS No. 1129 of 2022

 Banwali Ram Rawte S/o Shri Kaliram Rawte, Aged About 42 Years, R/o Village Bharritola Gram Panchayat Kudari Dalli, Tehsil Dondi Lohara, District Durg (Now Balod), (C.G.)

­­­­ Petitioner

WPS No. 1055 of 2022 & Ors.

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 (C.G.).

3. Directorate, School Education Through The Director School Education, Shiksha Parisar, Pension Bada, Raipur District Raipur C.G.

4. Block Education Officer, Dondi Lohara, District Balod C.G.

5. Government Primary School Through Head Master Govt. Primary School Bharritola, 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. 1139 of 2022

1. Sunita Bai W/o Tikam Das, Aged About 40 Years, R/o Village Kodekasa, Block Dondi Lohara, District Balod (C.G.)

2. Uma Bai W/o Retal, Aged About 41 Years, R/o

WPS No. 1055 of 2022 & Ors.

Village Kodekasa, Block 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 Bhawan, 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 Through Head Master ST/SC Balak Ashram, Kodekasa, 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. 1055 of 2022 & Ors.

WPS No. 1145 of 2022

 Sukali Bai W/o Lt. Tijuram, Aged About 40 Years, R/o Village Karregaon, Gram Panchayat Karregaon, Post Dangarh Tehsil Dondi Lohara, 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 Parishar, Pension Bada, Raipur, District Raipur Chhattisgarh.

4. Block Education Officer, Dondi Lohara, District Balod Chhattisgarh.

5. Government Primary School, Through Head Master, Government Primary School Karregaon, Block Dondi Lohara, District Balod Chhattisgarh.

6. State Of Chhattisgarh, Through The Secretary Department Of Finance, Mahanadi Bhawan,

WPS No. 1055 of 2022 & Ors.

Mantralaya, Naya Raipur, District Raipur Chhattisgarh.

­­­­ Respondents

For Petitioners :­ Mr. B.P. Singh, Advocate. For UOI :­Mr. Akhand Pratap Pandey, Mr. Tushar Dhar Diwan, Mr. Abhishek Chandra Gupta, Ms. Supriya Upasane, Advocate. For State :­ Mr. Suyash Dhar, PL

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

18/02/2022

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 mid day

meal under Block Dondi Lohara in the School,

respondent No.5, 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

WPS No. 1055 of 2022 & Ors.

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

WPS No. 1055 of 2022 & Ors.

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.

4. With the aforesaid direction, the writ

petitions stand finally disposed off. No

order as to cost(s).

Sd/­ (Sanjay K. Agrawal) Judge Ankit