Bhimdan Deval vs State Of Rajasthan
2021 Latest Caselaw 13067 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 10406/2021

1. Bhimdan Deval S/o Seni Dan Deval, Aged About 52 Years, R/o Ward No. 3, Pugal, Bikaner District Bikaner (Raj.).

2. Gopi Ram S/o Dhunda Ram, Aged About 46 Years, R/o Surjara, Bikaner, District Bikaner (Raj.).

3. Bhikha Ram S/o Pola Ram, Aged About 49 Years, R/o Ward No. 07, Gura, Tehsil Kolayat Bikaner, District Bikaner (Raj.).

4. Anil Kumar S/o Surtaram, Aged About 48 Years, R/o Ward No 08, Village Chani, Bikaner, District Bikaner (Raj.).

5. Bajrang Singh S/o Mul Singh, Aged About 46 Years, R/o Sujara, Tehsil Kolayat, Bikaner, District Bikaner (Raj.).

6. Surja Ram S/o Pira Ram, Aged About 47 Years, R/o Bholasar Budhan, Tehsil Kolayat, Bikaner, District Bikaner (Raj.).

7. Maniram Kantiya S/o Modaram, Aged About 44 Years, R/o Ward No. 10, Jhajhoo, Bikaner, District Bikaner (Raj.).

8. Ukar Ram S/o Bhura Ram, Aged About 44 Years, R/o Neniya, Siyana Bhatiyana, Bikaner, District Bikaner (Raj.).

9. Ravindra Panwar S/o Mangilal, Aged About 44 Years, R/o Ward No 09, Jhajhoo, Bikaner, District Bikaner (Raj.).

10. Mahaveer Singh S/o Hadaman Singh, Aged About 46 Years, R/o Surjara, Tehsil Kolayat, Bikaner, District Bikaner (Raj.).

11. Chandra Ram S/o Tejaram, Aged About 46 Years, R/o Ward No. 01, Meghwalo Ki Dhani, Hanuman Nagar, Bheloo, Bikaner, District Bikaner (Raj.).

12. Luna Ram S/o Taru Ram, Aged About 46 Years, R/o Ward No 05, Hadan, Bikaner, District Bikaner (Raj.).

13. Khaman Dan S/o Prabhu Dan, Aged About 62 Years, R/o Ward No 05, Gokulgarh, P.o. 2 K.l.d. Khajuwala, Bikaner, District Bikaner (Raj.).

14. Mohan Ram S/o Ramchandra Ram, Aged About 52 Years, R/o 13 Dkd, Ward No. 13 , Pahalwan Ka Bera, Bikaner, District Bikaner (Raj.).

15. Rajendarkumar S/o Devilal, Aged About 42 Years, R/o 1 Lkd, Bikaner, District Bikaner (Raj.).

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16. Bhanwar Lal S/o Mala Ram, Aged About 47 Years, R/o Ward No 05, Chak 12 Khm, Dantaur, Bikaner, District Bikaner (Raj.).

17. Subhash Chandra S/o Bhagirath, Aged About 56 Years, R/ o Ward No 05, Chak 13, Khm, Dantaur, Bikaner, District Bikaner (Raj.).

18. Mohammad Yunas S/o Gulam Kadar, Aged About 38 Years, R/o Ward No 04, 02 B.r.w.n. , Kundal, Karamwala, Bikaner, District Bikaner (Raj.).

19. Ajay Singh S/o Govardhan Singh, Aged About 49 Years, R/o Ward No 04, Chak 5 Kyd, Bikaner, District Bikaner (Raj.).

20. Shivraj S/o Gangajal, Aged About 43 Years, R/o Ward No 02, Loonkhan, Bikaner, District Bikaner (Raj.).

21. Makbul Khan S/o Pire Khan, Aged About 36 Years, R/o Ward No 03, Chak 13, Kld, Loonkhan, Bikaner, District Bikaner (Raj.).

22. Raghuveer Singh S/o Magal Chand, Aged About 51 Years, R/o Ward No. 03, Sanjarwala, 10 Kundala,, Khajuwala, Bikaner, District Bikaner (Raj.).

23. Shrawan Kumar S/o Chaina Ram, Aged About 46 Years, R/o Chak 3 Djm, Ward No 05, Panchayat Bhuto Ka Kua, Tehsil Pugal, Amarpura, Bikaner, District Bikaner (Raj.).

24. Birabala Ram S/o Suraja Ram, Aged About 52 Years, R/o 22Kyd, 61 Head, Bikaner, District Bikaner (Raj.).

25. Shamshuddin S/o Vajira Khan, Aged About 55 Years, R/o Ward No 03, Chak 7 Kyd, Bikaner, District Bikaner (Raj.).

26. Sarpal Singh S/o Kalyan Singh, Aged About 39 Years, R/o Rajputo Ka Mohalla, Surdhana Chauhanan, Bikaner, District Bikaner (Raj.).

27. Ramlal Jakhar S/o Pannaram, Aged About 48 Years, R/o Gusaisar Chhota, Bikaner, District Bikaner (Raj.).

28. Indra Singh Rathore S/o Guman Singh Rathore, Aged About 46 Years, R/o 178 Post Kanasar, Bikaner, District Bikaner (Raj.).

29. Rawat Ram Jat S/o Jamna Ram, Aged About 46 Years, R/ o Ward No 01, Shekhasar, Bikaner, District Bikaner (Raj.).

30. Hadmanram S/o Kesaram, Aged About 66 Years, R/o Ward No 04, Godaro Ki Dhaniya, Hansasar, Bikaner,

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District Bikaner (Raj.).

31. Hukmaram S/o Budharam, Aged About 58 Years, R/o 170, Jagdewala, Bamanwali, Bikaner, District Bikaner (Raj.).

32. Makhan Kumar S/o Hanuman Ram, Aged About 51 Years, R/o 1Phm, Chak 8 Kyd, Bikaner, District Bikaner (Raj.).

33. Rupa Ram S/o Bhera Ram, Aged About 46 Years, R/o Ward No 12, Chak 8 Kyd, Khajuwala, Bikaner, District Bikaner (Raj.).

34. Jagdish Godara S/o Purkharam, Aged About 33 Years, R/o Ward No14 Bus Stand Ke Pass, Upni, Bikaner, District Bikaner (Raj.).

35. Bhanwara Ram S/o Tilokram, Aged About 47 Years, R/o Jato Ka Mohalla,lakhansar, Bikaner, District Bikaner (Raj.).

36. Satya Narain Kulria S/o Shri Ram, Aged About 54 Years, R/o B 233, Kanta Khaturiya Colony, Bikaner, District Bikaner (Raj.).

37. Raj Kumar Modi S/o Anand Sawrup Modi, Aged About 59 Years, R/o Ward No 05, Main Bazar, Gajner, Bikaner, District Bikaner (Raj.).

38. Prakash S/o Sukhram, Aged About 34 Years, R/o Ward No 02 Likhma Desar, Dungargarh, Bikaner, District Bikaner (Raj.).

39. Mala Ram S/o Raju Ram, Aged About 46 Years, R/o Ward No 06, Lakhasar, Bikaner, District Bikaner (Raj.).

40. Bhanwar Singh S/o Mod Singh, Aged About 41 Years, R/o Ward No 05, Tilak Nagar, Near Charch, Bikaner, District Bikaner (Raj.).

41. Shaitan Singh S/o Kalyan Singh, Aged About 53 Years, R/ o Rajputo Ka Mohalla, Surdhana Chauhanan, Bikaner, District Bikaner (Raj.).

42. Kishna Ram Jat S/o Ruga Ram Jat, Aged About 57 Years, R/o Ward No 07, Khapharsar, Bikaner, District Bikaner (Raj.).

43. Sohal Lal S/o Amolakh Ram, Aged About 51 Years, R/o Ward No 12 Motawatan, Bikaner, District Bikaner (Raj.).

44. Kan Gar S/o Bhagawan Gar, Aged About 58 Years, R/o Sherpura, Lunkarnsar, Bikaner, District Bikaner (Raj.).

45. Rajiram S/o Sitaram, Aged About 50 Years, R/o Ward No

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09, Khodala, Bikaner, District Bikaner (Raj.).

46. Hariram S/o Begaram, Aged About 48 Years, R/o Ward No 05, Arjunsar Station, Bikaner, District Bikaner (Raj.).

47. Babulal Sharma S/o Badri Ram Sharma, Aged About 53 Years, R/o Sherpura, Lunkaransar, Bikaner, District Bikaner (Raj.).

48. Ramlal S/o Chanduram Suthar, Aged About 46 Years, R/o Ward No 05 Gusaina, Baladesar, Lunkarnsar, Bikaner, District Bikaner (Raj.).

49. Asha Ram S/o Keshara Ram, Aged About 48 Years, R/ Jaitpura, Lunkaransar, Bikaner, District Bikaner (Raj.).

50. Rajendra Singh S/o Nawal Singh, Aged About 61 Years, R/ o Ward No 08 Jato Ka Mohalla, Kheenyera, Bikaner, District Bikaner (Raj.).

51. Balu Ram S/o Manak Ram, Aged About 41 Years, R/o Ward No 09, Surnana, Bikaner, District Bikaner (Raj.).

52. Jetha Ram S/o Rekha Ram, Aged About 42 Years, R/o Ramnagar Raner, Bikaner, District Bikaner (Raj.).

53. Ramniwas S/o Shankar Lal, Aged About 44 Years, R/o Ward No 10 , Khodala, Bikaner, District Bikaner (Raj.).

54. Balram Sani S/o Hari Ram Sani, Aged About 38 Years, R/o Ward No 05, Mohkampura, Bikaner, District Bikaner (Raj.).

55. Bhanwar Lal Sharma S/o Sitaram Sharma, Aged About 46 Years, R/o Chak 2 Chm Ward No 01, Kankarwala, Bikaner, District Bikaner (Raj.).

56. Arjun Ram S/o Birbal Ram, Aged About 54 Years, R/o Ward No 09, Meghwalo Ka Bass, Kishnasar, Nathwana, Bikaner, District Bikaner (Raj.).

57. Sukharam S/o Megharam, Aged About 64 Years, R/o Ward No 09, Chatasar, Garabdesar, Bikaner, District Bikaner (Raj.).

58. Ganesh Das S/o Ramdas, Aged About 49 Years, R/o Ward No 01, Garabdesar,lundarnsar, Bikaner, District Bikaner (Raj.).

59. Bhanwar Lal Pareek S/o Suraj Mal Pareek, Aged About 73 Years, R/o Ward No 09 Pareek Bass, Kaloo Kalu, Lunkarnsar, Bikaner, District Bikaner (Raj.).

60. Rugha Ram S/o Kumbha Ram, Aged About 45 Years, R/o

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Ward No 02, Nathwana, Bikaner, District Bikaner (Raj.).

61. Dedaram Godara S/o Pemaram Jat, Aged About 39 Years, R/o Ward No 4, Dikhanda Kuve Ke Pass, Thukariyasar, Bikaner, District Bikaner (Raj.).

62. Ramlal S/o Danaram, Aged About 45 Years, R/o Surjansar, Bikaner, District Bikaner (Raj.).

63. Daluram S/o Adu Ram, Aged About 49 Years, R/o Ward No 15, Village Delwa, Shridungargarh, Bikaner, District Bikaner (Raj.).

64. Rewant Ram S/o Fusa Ram, Aged About 56 Years, R/o Ward No 10, Dharmas Migsariya, Bikaner, District Bikaner (Raj.).

65. Mota Ram S/o Ruga Ram, Aged About 52 Years, R/o Ward No 02, Beejhansar, Bikaner, District Bikaner (Raj.).

66. Neta Das S/o Kishan Das, Aged About 53 Years, R/o Ward No 06, Derajsar, Sudasar, Dungargarh, Bikaner, District Bikaner (Raj.).

67. Chandra Singh Rajpurohit S/o Mal Singh, Aged About 48 Years, R/o Ward No 01, Aadsar Purohitan, Bikaner, District Bikaner (Raj.).

68. Hadman S/o Sajan Ram, Aged About 56 Years, R/o Pipaasariya Dusarna Pandreekji, Bikaner, District Bikaner (Raj.).

69. Sera Ram S/o Surja Ram, Aged About 64 Years, R/o Ward No 08, Kitasar Bidawatan Keetasar, Dungargarh, Bikaner, District Bikaner (Raj.).

70. Jagdish S/o Bhera Ram, Aged About 48 Years, R/o Ward No 08, Dusrana, Pandreekji, Sudsar, Bikaner, District Bikaner (Raj.).

71. Bhagirath S/o Sohan Ram, Aged About 47 Years, R/o Ward No 03, Samandsar, Bikaner, District Bikaner (Raj.).

72. Shrwan Ram Jat S/o Dula Ram, Aged About 54 Years, R/o Kalyansar, Naya, Bikaner, District Bikaner (Raj.).

73. Manful S/o Kanaram, Aged About 52 Years, R/o Ward No 04, Sanwatsar, Bikaner, District Bikaner (Raj.).

74. Jay Sukh Ram S/o Partu Ram, Aged About 64 Years, R/o Ward No 09, Parwa, Bikaner, District Bikaner (Raj.).

75. Bhiyaaram S/o Goparam, Aged About 35 Years, R/o Hemolai,jesalsar, Bikaner, District Bikaner (Raj.).

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76. Onkar Singh S/o Bhikh Singh, Aged About 44 Years, R/o Gondusar, Bikaner, District Bikaner (Raj.).

77. Bhanwar Lal Bishnoi S/o Ganpat Ram Bishnoi, Aged About 49 Years, R/o Ward No 07, Jegla Panna, Daroga, Bikaner, District Bikaner (Raj.).

78. Megh Singh S/o Asu Singh, Aged About 56 Years, R/o Ward No 11, Tant, Bikaner, District Bikaner (Raj.).

79. Magnath Sidh S/o Sultana Nath, Aged About 48 Years, R/ o Warn No 01, Dumera Bass, Ridi, Tehsil Shri Dungargarh, Bikaner, District Bikaner (Raj.).

80. Omprakash S/o Sangram Singh, Aged About 55 Years, R/ o Ward No. 01, Saumyasar,tehsil Shri Dungargarh, Bikaner, District Bikaner (Raj.).

81. Asu Ram S/o Magha Ram, Aged About 47 Years, R/o Thakurji Ka Mandir, Choti Dhani, Kanasar, Bikaner, District Bikaner (Raj.).

82. Shokat Ali S/o Khadim Hussain, Aged About 42 Years, R/o Ward No. 06, 13 Kjd, Madhudigi, Khajuwala, District Bikaner (Raj.).

83. Narpat Singh S/o Hadman Singh, Aged About 62 Years, R/o 4 Ssm, Siyasar Chogan, Bikaner, District Bikaner (Raj.).

----Petitioners Versus

1. State Of Rajasthan, Through The Secretary, Department Of Agriculture, Government Of Rajasthan, Secretariat, Jaipur, Rajasthan.

2. Director, Department Of Agriculture, Government Of Rajasthan, Jaipur, Rajasthan.

3. Chief Executive Officer, Zila Parishad, Bikaner, District Bikaner, Rajasthan.

                                                                   ----Respondents


For Petitioner(s)         :     Mr. D.S. Pidiyar for
                                Mr. Vikram Singh Bhawla
For Respondent(s)         :     -



                     JUSTICE DINESH MEHTA




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                                    Order

25/08/2021

1. This writ petition has been filed by petitioners seeking reliefs

as indicated in the writ petition.

2. Learned counsel for the petitioners prayed that their

representation may be considered by the respondents in light of

the judgment passed by the Hon'ble Apex Court in the matter of

State of Punjab & Ors. Vs. Jagjit Singh & Ors. reported in[(2017) 1

Supreme Court Cases 148]. The relevant portion of the judgment

reads as under:

"60. Having traversed the legal parameters with reference to the application of the principle of 'equal pay for equal work', in relation to temporary employees (daily-wage employees, ad-hoc appointees, employees appointed on casual basis, contractual employees and the like), the sole factor or that requires our determination is, whether the concerned employees (before this Court), were rendering similar duties and responsibilities, as were being discharged by regular employees, holding the same/corresponding posts. This exercise would require the application of the parameters of the principle of 'equal pay for equal work' summarized by us in paragraph 42 above. However, insofar as the instant aspect of the matter is concerned, it is not difficult for us to record the factual position. We say so, because it was fairly acknowledged by the learned counsel representing the State of Punjab, that all the temporary employees in the present bunch of appeals, were appointed against posts which were also available in the regular cadre/establishment. It was also accepted, that during the course of their employment, the concerned temporary employees were being randomly deputed to discharge duties and responsibilities, which at some point in time, were assigned to regular employees. Likewise, regular employees holding substantive posts, were also posted to discharge the same work, which was assigned to temporary employees, from time to time. There is, therefore, no room for any doubt, that the duties and responsibilities discharged by the temporary employees in the present set of appeals, were the same as were being discharged by regular employees. It is not the case of the appellants, that the respondent-employees did not possess the qualifications prescribed for appointment on regular basis. Furthermore, it is not the case of the State, that any of the temporary employees would not be entitled to pay parity, on any of the principles summarized by us in

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paragraph 42 hereinabove. There can be no doubt, that the principle of 'equal pay for equal work' would be applicable to all the concerned temporary employees, so as to vest in them the right to claim wages, at par with the minimum of the pay-scale of regularly engaged Government employees, holding the same post.

61. In view of the position expressed by us in the foregoing paragraph, we have no hesitation in holding, that all the concerned temporary employees, in the present bunch of cases, would be entitled to draw wages at the minimum of the pay-scale (- at the lowest grade, in the regular pay- scale), extended to regular employees, holding the same post."

3. Consequently, the present writ petition is disposed of with

direction to the respondents to consider the representation of the

petitioners in terms of aforesaid judgment. The needful be done

within a period of 60 days from today.

4. The stay application is also disposed of.

(DINESH MEHTA),J 91-Rahul/-

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