Chattisgarh High Court
Kausal Kumar vs Union Of India on 2 June, 2022
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NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
WPS No. 3855 of 2022
1. Kausal Kumar S/o Dhansai Aged About 34 Years Working As Cook,
Govt. Primary School, Junnapani, Block- Doundilohara District - Balod
Chhattisgarh.
2. Hameshwari Bai W/o Amar Singh Sahu Aged About 33 Years Working
As Cook, Govt. Primary Middle School, Junnapani, Block- Doundilohara
District - Balod Chhattisgarh.
3. Suresh Kumar S/o Late Mehar Singh Aged About 49 Years Working As
Cook, Govt. Primary Middle School, Junnapani, Block- Doundilohara
District - Balod Chhattisgarh.
4. Santosh Kumar Panchram Aged About 46 Years Working As Cook,
Govt. Primary School, Junnapani, Block- Doundilohara District - Balod
Chhattisgarh.
5. Kevara Bai W/o Ghamendra Aged About 34 Years Working As Cook,
Govt. Primary School, Dumatola, Block- Doundilohara District - Balod
Chhattisgarh.
6. Inder Vati W/o Kartik Ram Aged About 60 Years Working As Cook,
Govt. Primary School, Danitola, Block- Doundi District - Balod
Chhattisgarh.
7. Smt. Jantri Bai W/o Narsingh Aged About 60 Years Working As Cook,
Govt. Primary School, Danitola, Block- Doundi, District - Balod
Chhattisgarh.
8. Khamhan Singh S/o Sant Ram Aged About 38 Years Working As Cook,
Govt. Pre Middle School, Chikhali, Block- Doundilohara District - Balod
Chhattisgarh.
9. Jagdish Ram Kaureti S/o Dhanau Ram Aged About 35 Years Working
As Cook, Govt. Primary School, Chikhali, Block- Doundilohara District -
Balod Chhattisgarh.
10. Harsingh Maniram Aged About 34 Years Working As Cook, Govt.
Primary School, Chikhali, Block- Doundilohara District - Balod
Chhattisgarh.
11. Gendi Bai Aged About 40 Years Working As Cook, Govt. Primary
School, Kerijungera, Block- Doundilohara District - Balod Chhattisgarh.
12. Bhuneja Bai W/o Dhansai Yadav Aged About 35 Years Working As
Cook, Govt. Primary School, Bardih, Block- Doundilohara District -
Balod Chhattisgarh.
13. Keshav Ram Patel S/o Sadau Ram Patel Aged About 40 Years
Working As Cook, Govt. Primary School, Raigarh, Block- Doundilohara
District - Balod Chhattisgarh.
14. Yashoda Bai W/o Late Mahendranath Aged About 45 Years Working As
Cook, Govt. Primary School, Tumdikasa, District - Balod Chhattisgarh.
15. Kumari Bai D/o Panch Ram Aged About 42 Years Working As Cook,
Govt. Primary School, Bhavarmara, Block- Doundilohara District - Balod
Chhattisgarh.
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16. Ayati Bai W/o Kadam Singh Aged About 55 Years Working As Cook,
Govt. Primary School, Kerigungesh, Block- Doundilohara District -
Balod Chhattisgarh.
17. Saraswati Bai W/o Prakash Singh Netam Aged About 35 Years
Working As Cook, Govt. Primary School, Khadbattar, Block-
Doundilohara District - Balod Chhattisgarh.
18. Kamla Bai W/o Chagan Lal Aged About 36 Years Working As Cook,
Govt. Primary Girls School, Bhainsbod, Block- Doundi, District - Balod
Chhattisgarh.
19. Rupa Bai Nishad W/o Ram Charan Nishad Aged About 33 Years
Working As Cook, Govt. Primary Boys School, Bhainsbod, Block-
Doundi, District - Balod Chhattisgarh.
---- Petitioners
Versus
1. Union of India Through The Secretary, Ministry of Human Resources
Development, Department of School Education And Literacy, Mid Day
Meal Division, Shasstri, Bhawan New Delhi.
2. State of Chhattisgarh Through The Secretary, Department of School
Education, Mahanadi Bhawan, Mantralaya, Naya Raipur, District-
Raipur (C.G.)
3. The Secretary Government of Chhattisgarh, Department of Finance,
Mahanadi Bhawan, Mantralaya, Naya Raipur, District- Raipur (C.G.)
4. The Director Directorate of School Education, Shiksha Parisar, Pension
Bada, Raipur, District- Raipur (C.G.)
5. The Block Education Officer Doundi, District- Balod (C.G.)
6. Headmaster Govt. Primary School, Junnapani, Block- Doundi, District-
Balod (C.G.)
7. Headmaster Govt. Primary School, Dumatola, Block- Doundi, District-
Balod (C.G.)
8. Headmaster Govt. Primary School, Danitola, Block- Doundi, District-
Balod (C.G.)
9. Headmaster Govt. Pre Middle School, Chikhali, Block- Doundilohara,
District- Balod (C.G.)
10. Headmaster Govt. Primary School, Kerijungera, Block- Doundilohara,
District- Balod (C.G.)
11. Headmaster Govt. Primary School, Bardih, Block- Doundilohara,
District- Balod (C.G.)
12. Headmaster Govt. Primary School, Raigarh, Block- Doundilohara,
District- Balod (C.G.)
13. Headmaster Govt. Primary School, Tumdikasa, Block- Doundi, District-
Balod (C.G.)
14. Headmaster Govt. Primary School, Bhavarmara, Block- Doundilohara,
District- Balod (C.G.)
15. Headmaster Govt. Primary School, Kerigungesh, Block- Doundilohara,
District- Balod (C.G.)
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16. Headmaster Govt. Primary School, Khadbattar, Block- Doundilohara,
District- Balod (C.G.)
17. Headmaster Govt. Primary Girls School, Bhainsbod, Block- Doundi,
District- Balod (C.G.)
---- Respondents
For Petitioner : Mr. Vidya Bhushan Soni, Advocate on behalf of
Mr. B.P. Singh, Advocate.
For Respondent No.1 : Mr. Sumeet Singh, Central Government
Counsel.
For Respondent/State : Ms. Akansha Jain, Government Advocate.
Hon'ble Shri Justice N.K. Chandravanshi, Judge
Order on Board
02.06.2022
1. The learned counsel for the Petitioners submits that the petitioners,
working on the post of Cook in various Government Primary Schools,
are being paid only Rs.40/- per day wages, whereas, according to
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 Hon'ble Supreme Court in case of
State of Punjab & Others v. Jagjit Singh & Others , decided on 26th
October, 2016, in which the Hon'ble Supreme Court had 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, 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."
2. In view of the above, the petitioners are permitted to file representation
before the respondent No. 2 within a period of 10 days from today, and
the respondent No. 2 is directed to consider representation of the
petitioner in the light of the aforesaid judgment of the Hon'ble Supreme
Court within 30 days from the receipt of the certified copy of this order
and to pass a reasoned order in accordance with law on its own merit.
3. With the aforesaid direction, the writ petition stands finally disposed off.
Sd/-
(N. K. Chandravanshi)
Vacation Judge
Hem
