Chattisgarh High Court

Anendiram vs Union Of India on 27 January, 2022

                           1
                               WPS No. 417 of 2022 & Ors.

                                                       NAFR

   HIGH COURT OF CHHATTISGARH, BILASPUR

                WPS No. 417 of 2022

 Shiv Prasad Mandavi S/o Ramnath Mandavi Aged
 About 47 Years, Posted At Government Middle
 School      Badajungera,         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,      Badajungera,
  Through The Headmaster Govt. Middle School,
  Badajungera, District Balod, Chhattisgarh.
                           2
                              WPS No. 417 of 2022 & Ors.

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

                                       Respondents

WPS No. 420 of 2022

 Anendiram S/o Late Fakir Singh Aged About 52 Years R/o Village Dumatola, Gram Panchayat Junnapani, Tahsil 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, 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 Dumatola, Through

WPS No. 417 of 2022 & Ors.

The Headmaster Govt. Primary School, Dumatola 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. 421 of 2022

 Sohan Lal S/o Pyarelal Pisda, Aged About 32 Years, R/o Village Tekapar Gram Panchayat Kamkapar, 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, Mantralaya, Mahanadi Bhawan, Atal Nagar Naya Raipur District Raipur Chhattisgarh.

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

WPS No. 417 of 2022 & Ors.

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

5. Government Primary School, Tekapar, Through The Head Master Govt. Primary School, Tekapar, Block Dondi Lohara, District Balod Chhattisgarh.

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

Respondents

WPS No. 423 of 2022

 Janiram Sahu S/o Kejram Sahu Aged About 45 Years, R/o Gram Kudaridalli 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,

WPS No. 417 of 2022 & Ors.

Pension Bada, Raipur, District Raipur Chhattisgarh.

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

5. Government Primary School Kudari Dalli Through The Headmaster Govt. Primary School, Kudari Dalli 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. 440 of 2022

 Surajbhan Kujam S/o Asa Ram Kujam, Aged About 42 Years, R/o Village Raigarh Post Bhawarmara, 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

WPS No. 417 of 2022 & Ors.

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 Balak Ashram School, Raigarh, Through The Headmaster Govt. Balak Ashram School, Raigarh 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

For Petitioners : Mr. B.P. Singh, Advocate. For UOI : Mr. Ram Narayan Sahu, Mr. S.S. Baghel & Mr. Tushar Dhar Diwan, 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)

27/01/2022

1. Since common question of law and fact is

involved in these writ petitions, they were

WPS No. 417 of 2022 & Ors.

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

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

WPS No. 417 of 2022 & Ors.

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.

WPS No. 417 of 2022 & Ors.

4. With the aforesaid direction, the writ

petitions stand finally disposed off. No