Rajasthan High Court - Jodhpur
Nain Singh vs State Of Rajasthan on 6 January, 2021
Bench: Arun Bhansali
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 13152/2020
Nain Singh S/o Panney Singh, Aged About 54 Years, Resident Of
Chatra Ka Gura, Bhagora, District Pali.
----Petitioner
Versus
1. State Of Rajasthan, Through Secretary, Department Of
Agriculture, Government Of Rajasthan, Jaipur.
2. Director, Department Of Agriculture, Government Of
Rajasthan, Jaipur.
3. Chief Executive Officer, Zila Parishad, Pali.
4. Vikas Adhikari, Panchayat Samiti, Marwar Junction District
Pali.
5. Sarpanch, Gram Panchayat, Bhagora Panchayat Samiti,
Marwar Junction District Pali.
----Respondents
For Petitioner(s) : Mr. Rishabh Tayal through V.C.
For Respondent(s) :
HON'BLE MR. JUSTICE ARUN BHANSALI
Order
06/01/2021
The petitioner has preferred this writ petition under Article
226 of the Constitution of India, claiming the reliefs as mentioned
in the writ petition.
Learned counsel for the petitioner prayed that his
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.: (2017) 1 SCC 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 that
(2 of 2) [CW-13152/2020]
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' Page 101 101
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 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
payscale (- at the lowest grade, in the regular payscale),
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 law as extracted hereinabove. The
needful be done within a period of 60 days from today.
(ARUN BHANSALI),J
63-PKS/-
Powered by TCPDF (www.tcpdf.org)
