Anil Kumar Parmar vs State Of Rajasthan
2021 Latest Caselaw 6503 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 3838/2021

1. Anil Kumar Parmar, Aged About 30 Years, R/o Mukam Selej Post Selej Panchayat Samiti Dowara Tehsil And District Dungarpur. At Present Posted As A Shiksha Karmi/teacher At Maa Badi Prathmik Shiksha Cendra Unta Fallan Panchayat Samiti Dovara District Dungarpur U-Dies Code 08270708804.

2. Vijay Pal Roat S/o Alkha Roat, Aged About 32 Years, R/o Mukam Post Selaj Vaya Aatari Fall Bhukhda Tehsil And District Dungarpur. At Present Posted As A Shiksha Karmi/teacher At Maa Badi Prathmik Shiksha Cendra Bhukhda Panchayat Samiti Dovara District Dungarpur U- Dies Code 08270708805.

3. Anita Kalasua W/o Babu Lal, Aged About 37 Years, R/o Mukam Rajgadi Futan Falla Post Hoja Panchayat Samiti Howada Tehsil And District Dungarpur. At Present Posted As A Shiksha Karmi/teacher At Maa Badi Prathmik Shiksha Cendra Rajgadi Futan Falla Panchayat Samiti Dovara District Dungarpur U-Dies Code 08270702705.

4. Manjula Rot D/o Amrit Lal, Aged About 44 Years, R/o Mukam Post Selaj Ward No. 6 Vaya Aatari Tehsil And District Dungarpur. At Present Posted As A Shiksha Karmi/teacher At Maa Badi Prathmik Shiksha Cendra Unta Falla Panchayat Samiti Dovara District Dungarpur U-Dies Code 08270708804.

5. Bharat Lal Parmar S/o Shanti Lal, Aged About 30 Years, R/o Mukam Jalri Post Aatari Panchayat Samiti Dowara Tehsil And District Dungarpur. At Present Posted As A Shiksha Karmi/teacher At Maa Badi Prathmik Shiksha Cendra Aamba Dera Jhalari Panchayat Samiti Dovara District Dungarpur U-Dies Code 08270700208.

6. Sushila Parmar W/o Mukesh Rot, Aged About 34 Years, R/o Mukam Dolwar Nichali Post Kahari Panchayat Samiti Dowara Tehsil And District Dungarpur. At Present Posted As A Shiksha Karmi/teacher At Maa Badi Prathmik Shiksha Cendra Padliya Falla Dolvar Panchayat Samiti Dovara District Dungarpur U-Dies Code 08270702807.

7. Devi Lal Kharadi S/o Laxman Lal, Aged About 42 Years, R/o Mukam Kheda Kachchhwasa Falla Navadhara District

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Dungarpur. At Present Posted As A Shiksha Karmi/teacher At Maa Badi Prathmik Shiksha Cendra Navadhara Falla Panchayat Samiti Dovara District Dungarpur U-Dies Code 08270207210.

8. Pina Devi Paragi W/o Suresh Paragi, Aged About 36 Years, R/o Mukam Sulai Talaiya Falla Post Kheda Kurvaya District Dungarpur. At Present Posted As A Shiksha Karmi/teacher At Maa Badi Prathmik Shiksha Cendra Sulai Talaiya Fala Panchayat Samiti Dovara District Dungarpur U-Dies Code 08270207406.

9. Maya Ahari W/o Rakesh Rot, Aged About 23 Years, R/o Post Ojari Panchayat Samiti Dowara Tehsil And District Dungarpur. At Present Posted As A Shiksha Karmi/teacher At Maa Badi Prathmik Shiksha Cendra Ojhari Darafala Panchayat Samiti Dovara District Dungarpur U-Dies Code 08270700302.

10. Geeta Kumari W/o Praveen Rot, Aged About 35 Years, R/o Mukam Bhesla Chouki Post Maal District Dungarpur. At Present Posted As A Shiksha Karmi/teacher At Maa Badi Prathmik Shiksha Cendra Patifala Maal Choki Panchayat Samiti Jhothari District Dungarpur U-Dies Code 08270905209.

11. Mukesh Kumar Katara S/o Panna Lal, Aged About 31 Years, R/o Mukam Asela Katara Fala District Dungarpur. At Present Posted As A Shiksha Karmi/teacher At Maa Badi Prathmik Shiksha Cendra Katara Fala Asela Panchayat Samiti Dovara District Dungarpur U-Dies Code 08270700108.

12. Ishwar Lal Rot S/o Tejpal Rot, Aged About 43 Years, R/o Mukam Kahari Post Kahari Tehsil And District Dungarpur. At Present Posted As A Shiksha Karmi/teacher At Maa Badi Prathmik Shiksha Cendra Gadhmaliya Fala Kahari Panchayat Samiti Dovara District Dungarpur U-Dies Code 08270702806.

13. Puspa Nanoma W/o Ramlal Rot, Aged About 46 Years, R/o Mukam Kahari Vaya Aatari Tehsil And District Dungarpur. At Present Posted As A Shiksha Karmi/teacher At Maa Badi Prathmik Shiksha Cendra Gadhmaliya Fala Kahari Panchayat Samiti Dovara District Dungarpur U-Dies Code 08270702806.

14. Sumitra Kalasua W/o Hitesh Kalasua, Aged About 30

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Years, R/o Mukam Mandli Bada Rasta Ps Simalwada District Dungarpur. At Present Posted As A Shiksha Karmi/teacher At Maa Badi Prathmik Shiksha Cendra Bhojela Fala Rasta Pada Panchayat Samiti Simalwada District Dungarpur U-Dies Code 08270512719.

----Petitioners Versus

1. State Of Rajasthan, Through The Principal Secretary, Tribal Area Development Department, Secretariat Jaipur.

2. State Of Rajasthan, Through Principal Secretary, Elementary Education, Government Of Rajasthan, Jaipur.

3. Commissioner, Tribal Area Development Department, Udaipur, Rajasthan.

4. Additional Secretary, Tribal Area Development Department, Government Of Rajasthan, Udaipur.

5. Director, Swach Pariyojana, Tribal Area, Udaipur (Raj.).

6. District Project Officer, Swach Pariyojana, District Dungarpur (Raj.).

----Respondents

For Petitioner(s) : Mr. Ramdev Potalia

JUSTICE DINESH MEHTA

Judgment

04/03/2021

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:

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"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 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

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petitioners in terms of aforesaid judgment. The needful be done

within a period of 60 days from today.

4. The stay application is also disposed of.

(DINESH MEHTA),J 132-A.Arora/-

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