Bhagwat Singh Boga vs Union Of India
2022 Latest Caselaw 322 Chatt

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                                        WPS No. 306 of 2022

                                                           NAFR

    HIGH COURT OF CHHATTISGARH, BILASPUR

               WPS No. 306 of 2022

 Bhagwat Singh Boga S/o Late Keshav Ram Boga
  Aged     About    40     Years     Posted     As   A    Cook
  (Rasoiya)        In    Government      Primary         School
  Maraitola 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
  Chhattisgarh.

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

5. Government Primary School Maraitola, Through
  The      Headmaster        Govt.     Primary       School,
  Maraitola Block Dondi Lohara District Balod
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                                               WPS No. 306 of 2022

    Chhattisgarh.

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

                                               ­­­­ Respondents

For Petitioner :­ Mr. B.P. Singh, Advocate. For UOI/Respondent No.1 :­ Mr. Tushar Diwan, Advocate.

For State/Respondents No.2 to 6 :­ Ms. Sunita Jain, G.A.

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

19/01/2022

1. Learned counsel for the petitioner would

submit that the petitioner is working on the

post of Cook in the Government Primary

School, Maraitola and he is 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, he is 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

WPS No. 306 of 2022

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".

WPS No. 306 of 2022

2. In view of the above, respondent No.2 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 order

in accordance with law on its own merit. The

petitioner is at liberty to make an

additional representation, if any.

3. With the aforesaid direction, the writ

petition stands finally disposed off.

Sd/­ (Sanjay K. Agrawal) Judge Ankit