Ramesh Kumar Kumbhkar vs Union Of India
2022 Latest Caselaw 314 Chatt

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                                   WPS No. 312 of 2022 & Ors.

                                                         NAFR

    HIGH COURT OF CHHATTISGARH, BILASPUR

                WPS No. 312 of 2022

 Kamti Bai W/o Dhanuram Aged About 45 Years
  R/o      Village      Mangchua,         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 Middle School, Mangchua, Through
  The      Headmaster         Govt.      Middle      School,
  Mangchua, Block Dondi Lohara, District Balod
  Chhattisgarh.
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                                WPS No. 312 of 2022 & Ors.

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

                                          ­­­­ Respondents

WPS No. 315 of 2022

 Devprasad Rana S/o Parasram Rana, Aged About 32 Years R/o Village Jhikatola, Gram Panchayat Kodekasa Block Dondi Lohara District Balod (C.G.).

­­­­ 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 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 Jhikatola Through The Headmaster Govt Primary School,

WPS No. 312 of 2022 & Ors.

Jhikatola, 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. 316 of 2022

 Ganesh Ram S/o Lakshman Singh Aged About 30 Years R/o Village Hitapathar Block Dondi Lohara District­ Balod (C.G.)

­­­­ 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 (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.)

WPS No. 312 of 2022 & Ors.

5. Government Middle School Hitapathar, Through­ The Headmaster Govt. Middle School, Hitapathar 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. 317 of 2022

 Kashiram Dhawade S/o Late Mangiparam Aged About 47 Years R/o Village Koretitola, Gram Panchayat Karregaon, 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 Parisar, Pension Bada, Raipur, District Raipur

WPS No. 312 of 2022 & Ors.

Chhattisgah.

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

5. Government Primary School, Koretitola, Through The Headmaster Govt. Primary School, Koretitola, 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. 320 of 2022

 Daya Ram S/o Moti, Aged About 38 Years R/o Village Jhikatola, Gram Panchayat Kodekasa, 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.

WPS No. 312 of 2022 & Ors.

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, Jhikatola, Through The Headmaster Government Primary School, Jhikatola, 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. 322 of 2022

 Smt. Malti Bai W/o Aatma Ram Aged About 45 Years R/o Village Chilamgota, Post Rengadabri, Tehsil Dondi Lohara, District Durg (Now Balod).

­­­­ 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,

WPS No. 312 of 2022 & Ors.

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 Chilamgota Through The Headmaster, Govt. Primary School, Chilamgota, 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. 323 of 2022

 Sahdev Ram S/o Late Gopal Singh, Aged About 50 Years R/o Village Tekapar, Gram Panchayat Kamkapar, P.S. And Tahsil Dondi Lohara, District Durg (Now Balod) Chhattisgarh.

­­­­ Petitioner

Versus

1. Union Of India Through Secretary Ministry Of Human Resources Development, Department Of

WPS No. 312 of 2022 & Ors.

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, Tekapar, Through The Headmaster Govt. Primary School, Tekapar, 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. 324 of 2022

 Ramesh Kumar Kumbhkar S/o Late Darbari Ram Aged About 36 Years R/o Village Kamkapar, Block Dondi Lohara, Balod (C.G.).

­­­­ Petitioner

WPS No. 312 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, Kamkapar, Through The Headmaster Govt. Primary School, Kamkapar, 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. 327 of 2022

 Ashok Kumar S/o Shyam Lal Aged About 30 Years Village Tekapar, Post Kamkapar, Block

WPS No. 312 of 2022 & Ors.

Dondi Lohara, District Balod, C.G.

­­­­ 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, Tekapar, Through The Headmaster Govt. Primary School, Tekapar Saral Centre 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. 312 of 2022 & Ors.

For Petitioners :­ Mr. B.P. Singh, Advocate. For UOI :­ Mr. Tushar Diwan, Ms. Anmol Sharma, Mr. Manoj Mishra, Mr. Roop Naik, Mr. Palash Tiwari, Mr. Sumit Singh, Advocates. For State :­ Mr. Jitendra Pali, Dy. A.G. & Ms. Sunita Jain, G.A.

Hon'ble Shri Justice Sanjay K. Agrawal Order On Board (Through Video Conferencing)

19/01/2022

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

entitled for Rs.306.67/­ per day. He would

rely upon the judgment of the Supreme Court

WPS No. 312 of 2022 & Ors.

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

WPS No. 312 of 2022 & Ors.

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