Rajasthan High Court - Jodhpur

Pukhraj Singh Chouhan vs Rajasthan Technical University ... on 13 January, 2021

Bench: Dinesh Mehta, Dinesh Mehta

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 816/2021

1. Pukhraj Singh Chouhan S/o Narayan Singh Chouhan, Aged About 44 Years, R/o E-46 Shrinathpuram Tehsil Ladpura, Kota (Raj.).

2. Mukesh Kumar Sen S/o Vijay Kumar Sen, Aged About 48 Years, R/o Vikas Colony, Gali No. Dadwara, Tehsil- Ladpura, Kota Jn. -324001 (Raj.).

3. Trilok Kumar Suman S/o Chandra Prakash Suman, Aged About 34 Years, R/o H. No. 53, Keshavpura, Sector-7, Tehsil-Ladpura, Kota -324009 (Raj.).

4. Vivek Kumar S/o Ram Naresh, Aged About 37 Years, R/o 163-164, Near Police Chowki Ajay Ahuja Nagar, Rangbari, Tehsil-Ladpura, Kota -324010 (Raj.).

5. Pawan Suman S/o Chandra Prakash Suman, Aged About 30 Years, R/o H. No. 53, Keshavpura, Sector-7, Tehsil- Ladpura, Kota -324009 (Raj.).

6. Ram Prakash Sen S/o Ram Ratan Sen, Aged About 38 Years, R/o C/o Saroj Devi, E-578, R.K. Puram, Tehsil- Ladpura, Kota -324010

7. Nikhil Goyal S/o Satya Prakash Goyal, Aged About 38 Years, R/o Devnarayan Mandir Ke Pass, Ranbanka House Ke Pass, Anwali Road, Nayagaon, Tehsil - Ladpura, Kota- 324010 (Raj.).

8. Rahul Vijay S/o Rajendra Kumar Vijay, Aged About 36 Years, R/o 2-CHHA-6, Teachers Tehsil - Ladpura, Kota- 324009 (Raj.).

9. Vinay Kumar Nagar S/o Shiv Lal Nagar, Aged About 36 Years, R/o H. No. 1-P-2, Mahaveer Nagar Ext. Tehsil - Ladpura, Kota-324009 (Raj.).

10. Mukesh Kumar Meena S/o Shankar Lal Meena, Aged About 40 Years, R/o KR-13, V-Type, Gad Colony, Shrinathpuram-E, Tehsil - Ladpura, Kota-324010 (Raj.).

11. Praveen Kumar Bairagi S/o Mahesh Kumar Bairagi, Aged About 33 Years, R/o 285, Ganesh Nagar, Near Khade Ganesh Ji Temple, Tehsil - Ladpura, Kota-324005 (Raj.).

12. Preeti Vijay W/o Nitesh Vijay, Aged About 32 Years, R/o 2-KH-2, Teachers Colony, Dadabari, Tehsil - Ladpura, Kota-324009 (Raj.).

13. Dinesh Yadav S/o G.p. Yadav, Aged About 32 Years, R/o H. No. 210-A, Shrinathpuram, Tehsil - Ladpura, Kota- 324005 (Raj.).

14. Naresh Kumar Verma S/o Suraj Mal Verma, Aged About 36 Years, R/o 2/85, Swami Vivekanand Nagar, Tehsil - Ladpura, Kota-324010 (Raj.).

15. Kundan Kumar Shakyawal S/o Meghraj Shakyawal, Aged About 32 Years, R/o 2/85, Swami Vivekanand Nagar, Tehsil - Ladpura, Kota-324010 (Raj.).

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16. Teekam Yadav S/o Giriraj Prasad Yadav, Aged About 31 Years, R/o Zadol Ka Rasta, Itawa, Tehsil - Ladpura, Kota- 324004

17. Govind Sen S/o Chhitar Lal Sen, Aged About 32 Years, R/o Near Govt. School, Dhanraj Kirana Store Ke Pass, Shivpura, Tehsil - Ladpura, Kota-324010 (Raj.).

18. Amit Mehra S/o Jawahar Lal Mehra, Aged About 36 Years, R/o 5H-7, Mahaveer Nagar-III, Tehsil - Ladpura, Kota- 324005 (Raj.).

19. Vishal Goel S/o Satya Prakash Goel, Aged About 43 Years, R/o 405-E, R.k. Puram, Tehsil - Ladpura, Kota-324010

20. Rajendra Mehra S/o Mohan Lal Mehra, Aged About 37 Years, R/o 242, Sector-4, Keshavpura, Tehsil - Ladpura, Kota-324009

21. Jagveer Singh S/o Ram Karan, Aged About 26 Years, R/o Behind Govt. School, Indira Gandhi Nagar, Tehsil - Ladpura, Kota-324004 (Raj.).

22. Anurag Kumar Choudhary S/o Ram Krishna Choudhary, Aged About 26 Years, R/o H. No. 123-A, Keshavpura, Tehsil - Ladpura, Kota-324005

23. Abhishek Mathur S/o Kishor Mathur, Aged About 35 Years, R/o 1-P-24, Talwandi, Tehsil - Ladpura, Kota-324005 (Raj.).

24. Rajander Kumar Nagar S/o Jagdish Prasad Nagar, Aged About 28 Years, R/o D-16, Indira Colony, Vigyan Nagr, Tehsil - Ladpura, Kota-324005 (Raj.).

25. Vijendra Prasad Shah S/o Surendra Prasad Shah, Aged About 32 Years, R/o H. No. 74, Milat Nagar, Devli Arab Road, Borkheda, Tehsil - Ladpura, Kota-324001 (Raj.).

26. Naresh Kumar Meena S/o Brij Mohan Meena, Aged About 40 Years, R/o Gali No. 5, Shyam Nagar, Rawatbhata Road, Tehsil - Ladpura, Kota-324010 (Raj.).

27. Ravindra Singh Chouhan S/o Narendra Singh Chouhan, Aged About 32 Years, R/o E-46, Shrinathpuram, Tehsil - Ladpura, Kota-324010 (Raj.).

28. Suresh Kumar S/o Chotu Lal, Aged About 26 Years, R/o 586, Madhu Kirana Store Ke Pass, Shivpura, Tehsil - Ladpura, Kota-324010

----Petitioners

Versus

1. Rajasthan Technical University Kota, Through Registrar.

2. Registrar, Rajasthan Technical University Kota.

                                                                ----Respondents


For Petitioner(s)        :     Mr. V.S. Bhawla




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                     JUSTICE DINESH MEHTA

                                  Judgment

13/01/2021

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

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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.