Rajasthan High Court - Jodhpur

Bhanwar Singh vs State Of Rajasthan on 24 February, 2021

Bench: Dinesh Mehta

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 3181/2021

1. Bhanwar Singh S/o Shri Lakh Singh Rajput, Aged About 47 Years, Presently Posted On The Post Of Pump Operator In Gram Panchayat Bhungra , Panchayat Samiti Shergarh , Distt. Jodhpur , Rajasthan .

2. Jethu Singh S/o Shri Narayan Singh, Aged About 33 Years, Presently Posted On The Post Of Pump Operator In Gram Panchayat Khirja Khas , Panchayat Samiti Shergarh , Distt. Jodhpur , Rajasthan .

3. Hasti Ram S/o Shri Moda Ram, Aged About 45 Years, Presently Posted On The Post Of Pump Operator In Gram Panchayat Sai , Panchayat Samiti Shergarh , Distt. Jodhpur , Rajasthan .

4. Om Prakash S/o Shri Chagna Ram, Aged About 41 Years, Presently Posted On The Post Of Pump Operator In Gram Panchayat Soentra, Panchayat Samiti Shergarh , Distt. Jodhpur , Rajasthan .

5. Gayad Singh S/o Shri Khet Singh, Aged About 38 Years, Presently Posted On The Post Of Pump Operator In Gram Panchayat Khijra Khas , Panchayat Samiti Shergarh , Distt. Jodhpur , Rajasthan .

6. Sang Singh S/o Shri Guman Singh, Aged About 32 Years, Presently Posted On The Post Of Pump Operator In Gram Panchayat Tena , Panchayat Samiti Shergarh , Distt. Jodhpur , Rajasthan .

7. Salman Kha S/o Shri Dhume Kha, Aged About 46 Years, Presently Posted On The Post Of Pump Operator In Gram Panchayat Sabarsar , Panchayat Samiti Shergarh , Distt. Jodhpur , Rajasthan .

8. Nure Khan S/o Shri Bhure Khan, Aged About 30 Years, Presently Posted On The Post Of Pump Operator In Gram Panchayat Sabarsar , Panchayat Samiti Shergarh , Distt. Jodhpur , Rajasthan .

9. Dalpat Singh S/o Shri Ram Singh, Aged About 44 Years, Presently Posted On The Post Of Pump Operator In Gram Panchayat Chaturpura , Panchayat Samiti Shergarh , Distt. Jodhpur , Rajasthan .

10. Ganga Ram S/o Shri Jodha Ram, Aged About 51 Years,

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Presently Posted On The Post Of Pump Operator In Gram Panchayat Ramgarh , Panchayat Samiti Shergarh , Distt. Jodhpur , Rajasthan .

11. Pepa Ram S/o Shri Mangla Ram, Aged About 54 Years, Presently Posted On The Post Of Pump Operator In Gram Panchayat Chaba , Panchayat Samiti Shergarh , Distt. Jodhpur , Rajasthan .

12. Madan Ram S/o Shri Gumana Ram, Aged About 42 Years, Presently Posted On The Post Of Pump Operator In Gram Panchayat Thardiya , Panchayat Samiti Shekhala , Distt. Jodhpur , Rajasthan .

13. Narpat Fateh Singh S/o Shri Fateh Singh, Aged About 34 Years, Presently Posted On The Post Of Pump Operator In Gram Panchayat Gada , Panchayat Samiti Shergarh , Distt. Jodhpur , Rajasthan .

14. Ganga Singh S/o Shri Anop Singh, Aged About 36 Years, Presently Posted On The Post Of Pump Operator In Gram Panchayat Asarlai , Panchayat Samiti Dechu, Distt. Jodhpur , Rajasthan .

15. Bhajna Ram S/o Shri Gopa Ram Vishnoi, Aged About 37 Years, Presently Posted On The Post Of Pump Operator In Gram Panchayat Khinda Kor , Panchayat Samiti Osian , Distt. Jodhpur , Rajasthan .

----Petitioners Versus

1. State Of Rajasthan, Through Its Secretary-Cum-

Commissioner , Rural Development And Panchayati Raj Department , Government Of Rajasthan , Secretariat , Jaipur , Rajasthan.

2. Secretary , Public Health Engineering Department, Government Of Rajasthan , Secretariat , Jaipur , Rajasthan.

3. District Collector , Jodhpur, District Jodhpur , Rajasthan

4. Chief Executive Officer , Zila Parishad, Jodhpur , Rajasthan

5. Superintending Engineer, Department Of Public Health Engineering Department (Phed) , Jodhpur , Distt. Jodhpur , Rajasthan

6. Block Development Officer, Panchayat Samiti Shergarh , Distt. Jodhpur , Rajasthan .

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7. Block Development Officer, Panchayat Samiti Dechu , Distt. Jodhpur , Rajasthan .

8. Block Development Officer, Panchayat Samiti Shekhala , Distt. Jodhpur , Rajasthan .

9. Block Development Officer, Panchayat Samiti Osian , Distt. Jodhpur , Rajasthan .

                                                                  ----Respondents


For Petitioner(s)         :     Mr. Pawan Singh Rathore
For Respondent(s)         :



                     JUSTICE DINESH MEHTA

                                Judgment

24/02/2021

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

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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."

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.