Karan Singh Poya vs Union Of India
2023 Latest Caselaw 793 Chatt

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                                                                 NAFR

             HIGH COURT of CHHATTISGARH, BILASPUR


                      WPS No. 1158 of 2023
1. Karan Singh Poya S/o Rai Singh Aged About 30 Years Working as
   Cook, Government Primary School, Dhaurathi, Block Marwahi,
   District Gaurela Pendra Marwahi Chhattisgarh
2. Ravindra Singh Pavale S/o Jai Singh Pavale Aged About 30 Years
   Working As Cook, Government Primary School, Dhaurathi, Block
   Marwahi, District Gaurela Pendra Marwahi Chhattisgarh
3. Santosh Singh Karsal S/o Jagad Singh Aged About 35 Years Working
   As Cook, Government Middle School (T.W.D.), Beljhiriya, Block
   Marwahi, District Gaurela Pendra Marwahi Chhattisgarh
4. Ramesh Singh Marco S/o Suraj Singh Aged About 32 Years Working
   As Cook, Government Middle School (T.W.D.), Belijhiriya Block
   Marwahi, District Gaurela Pendra Marwahi Chhattisgarh
5. Pooran Singh Aayam S/o Bheemsen Aged About 35 Years Working
   As Cook, Government Primary School, Belijhiriya, Block Marwahi,
   District Gaurela Pendra Marwahi Chhattisgarh
6. Manohar Singh Marco S/o Ramdheer Singh Aged About 32 Years
   Working As Cook, Government Primary School, Belijhiriya, Block
   Marwahi, District Gaurela Pendra Marwahi Chhattisgarh
7. Ramlal Yadav S/o Ratiram Aged About 45 Years Working As Cook,
   Government Primary School Dongratola, Belijhiriya, Block Marwahi,
   District Gaurela Pendra Marwahi Chhattisgarh
8. Santosh S/o Subitram Aged About 45 Years Government Primary
   School, Neemtola, Belijhiriya, Block Marwahi, District Gaurela Pendra
   Marwahi Chhattisgarh
9. Jethu Singh Majhi S/o Bajur Majhi Aged About 50 Years Working As
   Cook, Government Primary School, Phatpani, Belijhiriya, Block
   Marwahi, District Gaurela Pendra Marwahi Chhattisgarh
10. Shyamlal Bhaina S/o Phoolchand Aged About 35 Years Working As
    Cook, Government Primary School Dongratola (Usadh), Block
    Marwahi, District Gaurela Pendra Marwahi Chhattisgarh
11. Dhaniram S/o Raghunath Singh Aged About 38 Years Working As
    Cook, Government Primary School, Dhapnipani, Block Marwahi,
    District Gaurela Pendra Marwahi Chhattisgarh
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12. Arjun Singh S/o Kuman Singh Aged About 35 Years Working As
    Cook, Government Primary School, Dhapnipani, Block Marwahi,
    District Gaurela Pendra Marwahi Chhattisgarh
13. Sarodhan Singh S/o Amol Singh Aged About 45 Years Working As
    Cook, Government Primary School, Gavarkhoj, Block Marwahi,
    District Gaurela Pendra Marwahi Chhattisgarh
14. Raghunath Uday S/o Amol Singh Aged About 40 Years Working As
    Cook, Government Middle School Gavakhoj, Block Marwahi, District
    Gaurela Pendra Marwahi Chhattisgarh
15. Bhagwan Singh S/o Sukhdev Aged About 32 Years Working As Cook,
    Government Primary School, Gavarkhoj, Block Marwahi, District
    Gaurela Pendra Marwahi Chhattisgarh
16. Raghuveer Singh Pao S/o Dayaram Aged About 42 Years Working As
    Cook, Government Primary School, Dhanuharitola, Block Marwahi,
    District Gaurela Pendra Marwahi Chhattisgarh
17. Smt Shyam Bai W/o Bhaura Singh Aged About 29 Years Working As
    Cook, Government Primary School, Dhanharitola, Block Marwahi,
    District Gaurela Pendra Marwahi Chhattisgarh
18. Smt. Chameli Bai W/o Ramlal Aged About 35 Years Working As
    Cook, Government Middle School, Katra, Block Marwahi, District
    Gaurela Pendra Marwahi Chhattisgarh
19. Smt. Ved Kunwar W/o Karn Singh @ Uttam Singh Aged About 37
    Years Working As Cook, Government Meddle School Katra, Block
    Marwahi, District Gaurela Pendra Marwahi Chhattisgarh
20. Santosh Kumar Singh S/o Bal Singh Aged About 32 Years Working
    As Cook, Government Middle School, Katra, Block Marwahi, District
    Gaurela Pendra Marwahi Chhattisgarh
21. Smt. Anita Kewat W/o Ganesh Kewat Aged About 40 Years Working
    As Cook, Government Primary School, Katra, Block Marwahi, District
    Gaurela Pendra Marwahi Chhattisgarh
22. Smt. Sonbai Pav W/o Balwan Singh Aged About 27 Years Working As
    Cook, Government Primary School, Katra, Block Marwahi, District
    Gaurela Pendra Marwahi Chhattisgarh
23. Sukhsen Singh S/o Man Singh Aged About 42 Years Working As
    Cook, Government Primary School, Kehratola, Block Marwahi,
    District Gaurel Pendra Marwahi Chhattisgarh
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24. Kunjan Singh Pav S/o Kunnalal Aged About 45 Years Working As
    Cook, Government Primary School, Sakdatola, Block Marwahi,
    District Gaurela Pendra Marwahi Chhattisgarh
25. Adhin Singh S/o Bharat Singh Aged About 35 Years Working As
    Cook, Government Primary School, Bhukhbhuka, Block Marwahi,
    District Gaurela Pendra Marwahi Chhattisgarh
26. Kewal Singh S/o Somaru Singh Aged About 48 Years Working As
    Cook, Unnal Praimary School, Bhukhbhukha, Block Marwahi, District
    Gaurela Pendra Marwahi Chhattisgarh
27. Smt. Ramvati Kariyam W/o Sohan Singh Aged About 35 Years
    Working As Cook, Government Middle School, Kansbahra, Block
    Marwahi, District Gaurela Pendra Marwahi Chhattisgarh
28. Smt. Shushila Bai W/o Late Bahadur Singh Aged About 45 Years
    Working As Cook, Government Middle School, Kansbahra, Block
    Marwahi, District Gaurela Pendra Marwahi Chhattisgarh
29. Smt. Kaushilya Bai W/o Hari Singh Aged About 50 Years Working As
    Cook, Government Primary School, Kansbahra, Block Marwahi,
    District Gaurela Pendra Marwahi Chhattisgarh
30. Ganesh Singh S/o Rajman Singh Aged About 50 Years Working As
    Cook, Government Primary School, Kansbahra, Block Marwahi,
    District Gaurela Pendra Marwahi Chhattisgarh
31. Smt. Munni Bai W/o Baisahu Aged About 45 Years Working As Cook,
    Government Primary School, Chhataparpar, Block Marwahi, District
    Gaurela Pendra Marwahi Chhattisgarh
32. Phool Singh Amlesh So Ban Singh Aged About 32 Years Working As
    Cook, Government Primary School, Khudditola, Block Marwahi,
    District Gaurela Pendra Marwahi Chhattisgarh
                                                      ---- Petitioners
                             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 Secretary, Department Of Education
   Mahanadi Bhawan, Mantralaya, Naya Raipur District Raipur
   Chhattisgarh
3. The Secretary Government Of Chhattisgarh, Department Of Finance,
   Mahanadi Bhawan, Mantralaya, Naya Raipur District Raipur
   Chhattisgarh
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4. The Director Directorate Of School Education, Shiksha Parisar,
   Pension Bada, Raipur, District Raipur Chhattisgarh
5. The Block Education Officer Marwahi District Gaurela Pendra
   Marwahi Chhattisgarh
6. Headmaster Govt. Primary School, Dhaurathi Block Marwahi District
   Gaurela Pendra Marwahi Chhattisgarh
7. Headmaster Govt. Middle School, Belijhiriya Block Marwahi District
   Gaurela Pendra Marwahi Chhattisgarh
8. Headmaster Govt. Primary School, Belijhiriya Block Marwahi District
   Gaurela Pendra Marwahi Chhattisgarh
9. Headmaster Govt. Primary School,dongratola (Belijhiriya) Block
   Marwahi Distict Gaurela Pendra Marwahi Chhattisgarh
10. Headmaster Govt. Primary School, Neematola Block Marwahi District
    Gaurela Pendra Marwahi Chhattisgarh
11. Headmaster Govt. Primary School, Phatpani Block Marwahi District
    Gaurela Pendra Marwahi Chhattisgarh
12. Headmaster Govt. Primary School, Ushadih Block Marwahi District
    Gaurela Pendra Marwahi Chhattisgarh
13. Headmaster Govt. Primary School, Dhapnipani Block Marwahi
    District Gaurela Pendra Marwahi Chhattisgarh
14. Headmaster Govt. Primary School, Gavarkhoj Block Marwahi District
    Gaurela Pendra Marwahi Chhattisgarh
15. Headmaster Govt. Primary School, Gavarkhoj Block Marwahi District
    Gaurela Pendra Marwahi Chhattisgarh
16. Headmaster Govt. Primary School, Dhanuharitola Block Marwahi
    District Gaurela Pendra Marwahi Chhattisgarh
17. Headmaster Govt. Primary School, Katra Block Marwahi District
    Gaurela Pendra Marwahi Chhattisgarh
18. Headmaster Govt. Primary School, Katra Block Marwahi District
    Gaurela Pendra Marwahi Chhattisgarh
19. Headmaster Govt. Primary School, Karhatola Block Marwahi District
    Gaurela Pendra Marwahi Chhattisgarh
20. Headmaster Govt. Primary School, Sakdatola Block Marwahi District
    Gaurela Pendra Marwahi Chhattisgarh
21. Headmaster Govt. Primary School, Bhukhbhuka Block Marwahi
    District Gaurela Pendra Marwahi Chhattisgarh
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  22. Headmaster Govt. Primary School, Kansabahra Block Marwahi
      Distict Gaurela Pendra Marwahi Chhattisgarh
  23. Headmaster Govt. Primary School, Kansbahra Block Marwahi District
      Gaurela Pendra Marwahi Chhattisgarh
  24. Headmaster Govt. Primary School, Chhatapatpar Block Marwahi
      District Gaurela Pendra Marwahi Chhattisgarh
  25. Headmaster Govt. Primary School, Khudditola Block Marwahi District
      Gaurela Pendra Marwahi Chhattisgarh
                                                        ---- Respondents

______________________________________________________________ For Petitioners : Mr. Dhirendra Prasad Mishra, Advocate For Union of India : Mr. Keshav Prasad Gupta, Advocate For State : Ms. Sunita Jain, Govt. Advocate

S.B.: Hon'ble Shri Parth Prateem Sahu, Judge Order On Board 08/02/2023

Heard.

1. Learned counsel for petitioners would submit that petitioners are

working as 'Cook' under Mid-Day Meal Scheme formulated by

respondents No.1 & 2. Petitioners are being paid Rs.50/- per

day as wages and not at the rate fixed by the Collector.

Identical issue came up for consideration in WPS No.291/2022

and Coordinate Bench of this Court disposed of the same vide

order dated 19.01.2022 directing respondent No.2 therein to

consider and decide representation to be submitted by petitioner

therein expeditiously within stipulated time. Learned counsel for

petitioners herein submits that this writ petition may also be

disposed of in terms of aforementioned order dated 19.01.2022.

2. Learned counsel representing respective respondents submit

that they do not have any objection to limited prayer made by

learned counsel for petitioners.

3. Heard learned counsel for parties and perused documents filed

along with writ petition.

4. WPS No.291/2022, parties being Johar Lal v. Union of India &

ors, came to be disposed of on 19.01.2022 by following order;-

"1. Learned counsel for the petitioner would submit that the petitioner is working on the post of Cook in the Government Middle School, Hitapathar 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 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 judgements 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 herein above. 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 herein-above. The above legal position which has been repeatedly declared, is being reiterated by us, yet again".

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."

5. Considering the facts and circumstances of case and

submission of learned counsel for respective respondents that

they are not having any objection to limited prayer of learned

counsel for petitioners that this writ petition may also be

disposed of in terms of the order dated 19.01.2022 passed in

WPS No.291/2022, this writ petition stands disposed of

permitting petitioners to submit representation before

respondent Nos.1 & 2 within three weeks from today, for

redressal of their grievance as projected in this writ petition. On

making such representation, respondents No.1 & 2 are directed

to consider and decide the same in accordance with law within

an outer limit of three months from the date of its receipt,

keeping in mind decision of Hon'ble Supreme Court in case of

State of Punjab & ors v. Jagjit Singh & ors., reported in

(2017) 1 SCC 148.

6. Certified copy as per rules.

Sd/---------/--/-

(Parth Prateem Sahu) Judge

Praveen