Rajasthan High Court - Jodhpur

Lokesh Kumar Mehta vs State Of Rajasthan on 25 February, 2021

Bench: Dinesh Mehta

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 3557/2021

1. Lokesh Kumar Mehta S/o Shri Narayan Lal, Aged About 46 Years, R/o Brahaman Mohalla, Gol District Dungarpur (Raj.).

2. Dasharath S/o Bapu Lal, Aged About 57 Years, R/o Jahriyana, District Dungarpur (Raj.).

3. Premshankar Meena S/o Gotamji, Aged About 46 Years, R/o Bhaga Fala, Tekla, Miyala, District Dungarpur (Raj.)

4. Lalji S/o Ganesh, Aged About 56 Years, R/o Mahuaala, Baroda, District Dungarpur (Raj.)

5. Ramchandra Katara S/o Dayalal Katara, Aged About 53 Years, R/o Dhani Katara, Mukam Post Sabla, District Dungarpur (Raj.)

6. Shankarlal Buj S/o Punja Buj, Aged About 49 Years, R/o Dhenela, Mukam Post Aspur, District Dungarpur (Raj.)

7. Lal Shankar Choubisa S/o Moti Ram, Aged About 48 Years, R/o Mukam Post Vasundar Choti, Vasundarchhoti, Vasunder Chhoti, District Dungarpur (Raj.)

8. Bhopal Singh Rathore S/o Pahad Singh Rathore, Aged About 46 Years, R/o Mukam Post Vasundar Choti, Vasundarchhoti, District Dungarpur (Raj.)

9. Hari Singh S/o Ram Singh, Aged About 49 Years, R/o Chouhan Fala, Rama, District Dungarpur (Raj.)

10. Kantilal Damor S/o Jivan Damor, Aged About 53 Years, R/o Vard No 3 Dolifala Ora Bara, Odabada, District Dungarpur (Raj.)

11. Hamir Singh Sisodiya S/o Darjan Singh Sisodiya, Aged About 47 Years, R/o Sarmari Yaora, District Dungarpur (Raj.)

12. Kantilal Katara S/o Jeeva Katara, Aged About 53 Years, R/o Ward No. 3, Mukam Manpur Post Kheda Kachhwasa, Khera, District Dungarpur (Raj.)

13. Prabhulal Meena S/o Gangla Meena, Aged About 48 Years, R/o Rangeli Gram Panchayat Bhadga, Tehsil Sabla, District Dungarpur (Raj.)

14. Ramchandra Ahari S/o Bhanji Ahari, Aged About 50 Years, R/o Ward No. 13, Nichala Fala, Mukam Dhamala Post

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Khela, Kachhwasa, Dhamala Kheda, District Dungarpur (Raj.)

15. Val Chand Damor S/o Fula Damor, Aged About 49 Years, R/o Damor Fala, Ssanchiya, District Dungarpur (Raj.)

16. Ram Lal Baranda S/o Nanaji, Aged About 57 Years, R/o Ward No.2, Village Thaiyata Post Hirata Waya Atari, Heeratan, District Dungarpur (Raj.)

17. Manohar Lal Roat S/o Lalu Roat, Aged About 48 Years, R/o Ward No. 02 , Mu. Rajgadi, Po. Doja, Th. Doja, Antri, District Dungarpur (Raj.)

18. Madanlal Roat S/o Karulal, Aged About 43 Years, R/o Ward No.3 Balota, District Dungarpur (Raj.)

19. Bhawan Singh Rathore S/o Takhat Singh Rathore, Aged About 53 Years, R/o Mu. Po. Rayki, Raiki, District Dungarpur (Raj.)

20. Shankar Lal Meena S/o Dhaniya Meena, Aged About 46 Years, R/o Tamatiya Fala, Sagot, District Dungarpur (Raj.)

21. Rajendra Kumar Meena S/o Maavala Barela, Aged About 49 Years, R/o Tehsil Sabla, Sagot, District Dungarpur (Raj.)

22. Shankarlal Meena S/o Pema Meena, Aged About 67 Years, R/o Village Dhani, Tehsil Sabla, Valai District Dungarpur (Raj.)

23. Natwar Singh Chouhan S/o Devi Singh Chouhan, Aged About 54 Years, R/o Tehsil Sabla Valai, District Dungarpur (Raj.)

24. Surajmal Meena S/o Kamla Ji Meena, Aged About 52 Years, R/o Kharadi, Ganv Tehsil Sabla, Reenchha, District Dungarpur (Raj.)

25. Val Chand Patel S/o Dhanaji, Aged About 53 Years, R/o Hathor,karoli, District Dungarpur (Raj.)

26. Khemraj Gameti S/o Hakraji Gameti, Aged About 57 Years, R/o Talaiya, Bicchiwara, District Dungarpur (Raj.)

27. Heera Lal Patel S/o Gala Patel, Aged About 60 Years, R/o Ghadamala, Gharmela, District Dungarpur (Raj.)

28. Karu Lal S/o Navla, Aged About 45 Years, R/o Vagat Fala, Nawal Shyam, Navalshyam, District Dungarpur (Raj.)

29. Bhuri Lal Ghatiya S/o Huraji Ghatiya, Aged About 53 Years, R/o Mukam Teengarwara, Post Talaiya Block, Tehsil

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Bichhiwara, Tengar Wara, Talaiya, District Dungarpur (Raj.)

30. Virendra Singh Solanki S/o Sajjan Singh Solanki, Aged About 48 Years, R/o Rajput Mohalla, Village Hisampur, District Tonk (Raj.)

31. Shoji Lal Khatik S/o Bhuvana, Aged About 52 Years, R/o Khatiko Ka Mohallan Sangrampura, Niwaria, District Tonk (Raj.)

32. Sodan Singh Meena S/o Jagdish Meena, Aged About 44 Years, R/o Meena Mohalla, Mundiya Khurd, Polyada, District Tonk (Raj.)

33. Nand Lal Prajapat S/o Gogaram, Aged About 51 Years, R/o Polyara, Polyada, Deoli, District Tonk (Raj.)

34. Ram Lal Saini S/o Chhotu Lal, Aged About 55 Years, R/o Jareli, Deorawas, District Tonk (Raj.)

35. Raghuvir Singh Ranawat S/o Gangadhar Singh, Aged About 52 Years, R/o Darodo Ka Mohalla, Deorawas, District Tonk (Raj.)

36. Sitaram Meena S/o Lala Meena., Aged About 49 Years, R/o 67 Natho Ka Mohalla, Aamali Devlya Bharni, District Tonk (Raj.)

37. Shreeram Bairwa S/o Lakhmaram, Aged About 48 Years, R/o Bisalpur Colony, Rahimppura, Lamba, District Tonk (Raj.)

38. Banwari Lal S/o Kesra, Aged About 44 Years, R/o Gram Post Harchandera, District Tonk (Raj.)

39. Ratan Lal Bairwa S/o Chhoga, Aged About 43 Years, R/o Aliura Chhan, District Tonk (Raj.)

40. Ramniwas Bairwa S/o Shyonarayan, Aged About 34 Years, R/o 7 Hatauna, District Tonk (Raj.)

41. Shyoji Lal Bairawa S/o Gopal Bairawa, Aged About 51 Years, R/o 9 Hatauna, District Tonk (Raj.)

42. Nehnu Lal Bairwa S/o Dhuli Lal, Aged About 46 Years, R/o Nimola, Lamba, District Tonk (Raj.)

43. Kamar Mohammad S/o Wali Mohammad, Aged About 50 Years, R/o Bairwa Basti, Lawadar, District Tonk (Raj.)

44. Ramraj Meena S/o Narayan Meena, Aged About 45 Years, R/o Meeeno Ka Mohalla, Nawabura, District Tonk (Raj.)

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45. Om Singh Rajawat S/o Guman Singh Rajawat, Aged About 53 Years, R/o 50 Lehan, Wazeerpura Kalan, District Tonk (Raj.)

46. Bharatari S/o Kesra, Aged About 53 Years, R/o Borda, Palada, District Tonk (Raj.)

47. Ranjeet Singh S/o Kan Singh, Aged About 50 Years, R/o Mandir Ke Pass, Palra, District Tonk (Raj.)

48. Radheshyam S/o Pokhar Lal Jat, Aged About 46 Years, R/o Jato Ka Mohalla, Goharpura, Sonwa, District Tonk (Raj.)

49. Madan S/o Kalyan, Aged About 47 Years, R/o Gulabpura, Lawadar, District Tonk (Raj.)

50. Kailash Chand Meena S/o Ladu Lal Meena, Aged About 48 Years, R/o Rasoolapura, Ghas, District Tonk (Raj.)

51. Bhawanishankar S/o Hiralal, Aged About 40 Years, R/o Bamor, Bambor, District Tonk (Raj.)

52. Prabhu Lal S/o Ram Nath Raigar, Aged About 50 Years, R/o Raigro Ka Mohaala, Chiroj, District Tonk (Raj.)

53. Bhanwar Lal Jat S/o Ramras Jat, Aged About 40 Years, R/o Gram Post Darda Hind Dardahind, District Tonk (Raj.)

54. Kalu S/o Prahlad, Aged About 47 Years, R/o Aminpura, Mehandwas, District Tonk (Raj.)

55. Shojilal Meena S/o Bajrang Lal Meena, Aged About 61 Years, R/o Ramnagar, Yusuf Ganj, District Tonk (Raj.)

56. Mahaveer Meena S/o Hajari Lal Meena, Aged About 62 Years, R/o Arniyamai, Sonwa, District Tonk (Raj.)

57. Phool Chand Gurjar S/o Lakhma Gurjar, Aged About 55 Years, R/o Masoodapura, Dardaturki, District Tonk (Raj.)

58. Ramavtar Gurjar S/o Gopal Gurjar, Aged About 45 Years, R/o 290 Naurang Road 2, Ranoli, District Tonk (Raj.)

59. Ram Lal Gurjar S/o Kalu Gurjar, Aged About 67 Years, R/o Nai Abadi, Gurjro Ka Mohalla, Darda Turki, District Tonk (Raj.)

60. Giriraj Gurjar S/o Rampal Gurjar, Aged About 43 Years, R/o Peetawas, Dardaturki, Peeplu, District Tonk (Raj.)

61. Shankar Singh Gurjar S/o Sharwan Lal Gurjar, Aged About 27 Years, R/o Phyawadi, Peeplu, District Tonk (Raj.)

62. Satya Narayan Gurjar S/o Hajari Lal Gurjar, Aged About 46 Years, R/o Jebariya, Sohela, District Tonk (Raj.)

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63. Ramkishan S/o Gopal, Aged About 46 Years, R/o Sohela, Peeplu, District Tonk (Raj.)

64. Hariram Gurjar S/o Fata Lal Gurjar, Aged About 47 Years, R/o Gujral Mohallan , Village Sendri, Tehsil Uniyara, District Tonk (Raj.)

65. Ladu Ram Gurjar S/o Kalu Ram Gurjar, Aged About 47 Years, R/o Gangapura, Bagwada, District Tonk (Raj.)

66. Laliram Bairwa S/o Onkar Bairwa, Aged About 47 Years, R/o Dundiya, Kashipura, District Tonk (Raj.)

67. Jagdish Lal Jat S/o Onkar Lal Jat, Aged About 51 Years, R/o Jat Mohallan, Bagri, Tehsil Peeplu, District Tonk (Raj.)

68. Bhairu Lal Jat S/o Bhura Lal Jat, Aged About 66 Years, R/o Jat Mohlla, Bagri, District Tonk (Raj.)

69. Badri Narayan Jat S/o Gyarasi Lal Jat, Aged About 52 Years, R/o Anwarpura Khera, Bagri, District Tonk (Raj.)

70. Ram Kunwar S/o Jagdish Jat, Aged About 46 Years, R/o Gram Rayrampopura Darda, Turki, Peeplu, District Tonk (Raj.)

71. Ramji Lal Bairwa S/o Arjun Lal Bairwa, Aged About 42 Years, R/o Mohamad Nagar, Dhani Bagdawa, District Tonk (Raj.)

72. Ratan Puri S/o Durga Puri, Aged About 36 Years, R/o Aranay Kankar, Kathmana, District Tonk (Raj.)

73. Shoyjilal Nath S/o Mohan Lal Nath, Aged About 42 Years, R/o Kakraj Khurd, Dardaturki, Peeplu, District Tonk (Raj.)

74. Ramlal Bairwa S/o Bhagirath Bairwa, Aged About 57 Years, R/o Sadapura Post Lamba Kallan, Panchayat Samiti Todarai Singh, District Tonk (Raj.)

75. Dharamchand Bairwa S/o Ramlal Bairwa, Aged About 33 Years, R/o Bairwo Ka Mohala, Mandir Ke Pass, Sadapura , Lamba Kallan, District Tonk (Raj.)

76. Hemraj S/o Ramjeevam Jat, Aged About 46 Years, R/o Jatan Mohalan, Ganeti, Tehsil Todaraisingh, District Tonk (Raj.)

77. Ghasilal Jat S/o Rupa Jat, Aged About 50 Years, R/o Near Mandir Bas Jirana, Kankalwar, District Tonk (Raj.)

78. Rajendra S/o Shankarlal, Aged About 36 Years, R/o 10 School Ke Pass, Aliyari, Todaraisingh, District Tonk (Raj.)

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79. Ramnarayan Jat S/o Ramratan Jat, Aged About 54 Years, R/o Jato Ka Mohalla, Datob, District Tonk (Raj.)

80. Prahlad Tailor S/o Radheyshyam, Aged About 51 Years, R/o Uniyara Khurd, Tehsil Todaraisingh, District Tonk (Raj.)

81. Noratmal Mali S/o Ghasi La Mali, Aged About 45 Years, R/o Takalya Ke Chabutre Ke Pas, Bassi, District Tonk (Raj.)

82. Ramkishan Gurjar S/o Sukh Lal Gurjar, Aged About 52 Years, R/o Kakalwad, Todaraisingh. District Tonk (Raj.)

83. Ramdhan Jat S/o Jodha Jat, Aged About 52 Years, R/o Topa, Bhasu, District Tonk (Raj.)

84. Kalu Ram Jat S/o Jagnnath Jat, Aged About 53 Years, R/o Jat Mohalla, Khereda, Todaraisingh, District Tonk (Raj.)

85. Badri Lal Gurjar S/o Bhaguta Gurjar, Aged About 57 Years, R/o Tehsil Todaraisingh, Gurjaro Ka Mohallan , Gram Jethlya , District Tonk (Raj.)

86. Soraj Jat S/o Gopal, Aged About 52 Years, R/o Madhoganj, Gopalpura, District Tonk (Raj.)

87. Banna Lal Verma S/o Narayan Regar, Aged About 60 Years, R/o Mehroo, Mehrun, District Tonk (Raj.)

88. Bajrang Lal Jat S/o Mularam Jat, Aged About 51 Years, R/o Jat Mohalla Balapura, Baori, Todaraisingh, District Tonk (Raj.)

89. Ram Dev S/o Chhitar, Aged About 48 Years, R/o Bas Stand, Sanwariya, Todaraisingh, District Tonk (Raj.)

90. Ramdev Meena S/o Kalyan Meena, Aged About 45 Years, R/o Ladpura, Todaraisingh, District Tonk (Raj.)

91. Satyanarayan Gurjar S/o Ramdev Gurjar, Aged About 50 Years, R/o Banediya Charan, District Tonk (Raj.)

92. Chhitar Lal S/o Ghisa Lal Regar, Aged About 56 Years, R/o Surajpura, Todaraisingh, Tharoli, District Tonk (Raj.)

93. Suresh Jat S/o Shri Lal Jat, Aged About 49 Years, R/o Dabdumba Darbar, Boomba, District Tonk (Raj.)

94. Kanhaiya Lal Prviya S/o Ramswaroop Purviya, Aged About 49 Years, R/o 126 Purviya Mohalla Ban Ka Kheda, Banka Khera, Reendliya Rampura, District Tonk (Raj.)

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95. Rajaram Jat S/o Sukhlal, Aged About 43 Years, R/o Hameerpur, District Tonk (Raj.)

96. Ramesh Chand Kharol S/o Ramdev, Aged About 42 Years, R/o Kailashpura, Shriramoura, District Tonk (Raj.)

97. Kailash Jat S/o Jagdish Jat, Aged About 49 Years, R/o Laxmipura Chana Bas Surya, Chhan, Bassorya Barwas, District Tonk (Raj.)

98. Rameshwar Yadav S/o Badari Lal Yadav, Aged About 52 Years, R/o Yadav Colony , Baori, Todaraisingh, District Tonk (Raj.)

99. Ladu Lal Jat S/o Sujaram Jat, Aged About 53 Years, R/o Jato Ka Mohallan, Bilamata Lamba Kalan, Todaraisingh, District Tonk (Raj.)

100. Krishan Chand S/o Jagdish Prasad, Aged About 46 Years, R/o 14 Kurmi Mohalan, Kalyanpura, Ganeti, District Tonk (Raj.)

101. Prahald Gurjar S/o Ram Lal Gurjar, Aged About 50 Years, R/o Keeran Mohallan, Kanwaravas, Botunda, District Tonk (Raj.)

102. Ramjus Jat S/o Ratan Lal, Aged About 51 Years, R/o Laxmipura, Aliyari, Todaraisingh, District Tonk (Raj.)

103. Gangadhar Gurjar S/o Nathu Lal Gurjar, Aged About 44 Years, R/o 167 Dhani Kasampura Modiyala, Mor Bhatiyan, District Tonk (Raj.)

104. Gopal Lal Sharma S/o Moti Lal Sharma, Aged About 40 Years, R/o Botunda, District Tonk (Raj.)

105. Mohan Lal Gurjar S/o Sukh Lal, Aged About 54 Years, R/o Ganesh Ganj, Ganeti, District Tonk (Raj.)

106. Nanu Lal S/o Ladu, Aged About 54 Years, R/o Gram Shriramnagar, Morala, Basera, District Tonk (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, Dungarpur, District Dungarpur, Rajasthan.

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4. Chief Executive Officer, Zila Parishad, Tonk, District Tonk, Rajasthan.

                                                                   ----Respondents


For Petitioner(s)         :     Mr. Vikram Singh Bhawla
                                Mr. Anshul Dhaka
                                Ms. Renuwati Rajpurohit
For Respondent(s)         :



                     JUSTICE DINESH MEHTA

                          Judgment / Order

25/02/2021

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 acknowledged by the learned counsel representing the State of Punjab, that all the temporary employees in the present bunch of

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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.