Chattisgarh High Court
Smt. Dhanmati Soni vs Union Of India on 22 June, 2022
1
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
Writ Petition (Service) No.4138 of 2022
1. Smt. Dhanmati Soni W/o Ramprasad Soni Aged About 36 Years
Working As A Cook At Govt. Primary School New Karkali Block-
Bhaiyathan, Distt. Surajpur (C.G.)
2. Smt. Sukhaiya W/o Harichand Aged About 47 Years Working As A
Cook At Govt. Middle School New Karkoli Block Bhaiyathan, Distt.
Surajpur (C.G.)
3. Smt. Biphaiya Rajwade W/o Bali Ram Rajwade Aged About 30
Years Working As Cook At Govt. Primary School New Karkoli,
Block Bhaiyathan Distt. Surajpur
4. Smt. Budhiyaro W/o Sitember Aged About 42 Years Working As A
Cook At Govt. Middle School New Karkoli, Block Bhaiyathan, Distt.
Surajpur (C.G.)
---- Petitioners
Versus
1. Union Of India Food Secretary, Ministry Of Women Resource
Development School Education And Literacy, Mid-Day Meal
Division Shastri Bhawan, New Delhi
2. State Of Chhattisgarh Through The Secretary Department Of
School Education Mahanadi Bhawan, New Raipur Distt. Raipur
(C.G.)
3. The Director Directorate Of School Education, Indrawati Bhawan
New Raipur, Distt. Raipur (C.G.)
4. District Education Officer Surajpur Distt. Surajpur (C.G.)
5. The Block Education Officer Bhaiyathan Block Bhaiyathan, Distt.
Surajpur (C.G.)
---- Respondents
For Petitioner - Mr. A.N. Pandey, Advocate.
For Respondent No.01/U.O.I. - Ms. Anmol Sharma, Advocate.
For State - Mr. Ali Asgar, Dy. A.G.
S.B.- Hon'ble Shri Justice Rajendra Chandra Singh Samant
Order on Board
22-06-2022
Heard
1. It is submitted that petitioner is appointed and working as cook in
the respondent department since July, 2010. The remuneration
paid is Rs.40/- per day totaling to Rs.1200/- per month. According
to the Chhattisgarh Minimum Wages described by the
Chhattisgarh State Government, the petitioner has entitlement for
wages of Rs.306.67/- per day. The petitioner has approached the
authorities for grant of wages as per the minimum wages
described by the State Government but the same has not been
considered so far.
2. Considered on the submissions. Taking into consideration, the
judgment of the Supreme Court in the matter of State of Punjab
& Others Vs. Jagjit Singh & Others decided on 26th of October,
2016, in which it was held in paragraph 54 which is as follows:-
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.
3. In view of the above ratio laid down by the Supreme Court, this
petition is disposed off and the petitioner is granted liberty to file a
representation within 07 days. On filing of representation, the
respondent No.2 shall be obliged to consider on the same and
consider in the light of the judgment of Supreme Court in the case
of State of Punjab Vs. Jagjit Singh (Supra) and take decision at
the earliest preferably within a time limit of 30 days from the date
of receipt of copy of this order.
4. With these observations, this petition stands disposed off.
Sd/-
(Rajendra Chandra Singh Samant)
Monika Judge
