Rajasthan High Court - Jodhpur
Sel Kanwar vs State Of Rajasthan on 9 December, 2021
Bench: Arun Bhansali
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 16980/2021
Sel Kanwar W/o Shri Raghuveer Singh, Aged About 41 Years, B/c
Rajput, R/o Tehsil Ke Pass, Raipur, District Bhilwara. Presently
Working As Cook In Govt. Ambedkar Boys Hostel Raipur, District
Bhilwara.
----Petitioner
Versus
1. State Of Rajasthan, Through The Secretary Social Welfare
Department, Rajasthan, Jaipur.
2. The Director, Social Welfare Department, Jaipur.
3. The Assistant Director, Social Welfare Department,
Bhilwara.
----Respondents
For Petitioner(s) : Mr. Mahipal Rajpurohit.
HON'BLE MR. JUSTICE ARUN BHANSALI
Order
09/12/2021
This writ petition has been filed by petitioner seeking reliefs
as indicated in the writ petition.
Learned counsel for the petitioner prayed that her
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
fact 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
(2 of 2) [CW-16980/2021]
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 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."
Consequently, the present writ petition is disposed of with
direction to the respondents to consider the representation of the
petitioner in terms of aforesaid judgment. The needful be done
within a period of 60 days from today.
The stay application is also disposed of.
(ARUN BHANSALI),J
224-PKS/-
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