Rajasthan High Court - Jodhpur

Pema Ram Garasiya vs State Of Rajasthan on 4 March, 2021

Bench: Dinesh Mehta

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 3784/2021

1. Pema Ram Garasiya S/o Uda Ram Garasiya, Aged About 28 Years, R/o Gram Panchayat Uplavas Post Malwaka Chora Tehsil Kotra District Udaipur. At Present Posted As A Shiksha Karmi/teacher At Chunda Falan Gram Panchayat Uplawas Panchayat Samiti Kotra District Udaipur U-Dies Code 08260622003.

2. Saiba Ram Garasiya S/o Makna Ram Garasiya, Aged About 31 Years, R/o Mukam Post Salariya Gram Panchayat Uplavas Post Malwa Ka Choura Panchayat Samiti Kotra District Udaipur. At Present Posted As A Shiksha Karmi/teacher At Nichala Salariya Gram Panchayat Uplawas Panchayat Samiti Kotra District Udaipur U-Dies Code 08260622103

3. Soma Ram Garasiya S/o Bhuraram Garasiya, Aged About 31 Years, R/o Village Bhutwad Post Mewado Kamath Tehsil Kotra District Udaipur. At Present Posted As A Shiksha Karmi/teacher At Amba Ka Khadra Gram Panchayat Mewado Ka Math Panchayat Samiti Kotra District Udaipur U-Dies Code 08260619902

4. Ramaram Garasiya S/o Bhikha Ram Garasiya, Aged About 31 Years, R/o Gram Panchayat Semlathala Post Malwaka Chora Tehsil Kotra District Udaipur. At Present Posted As A Shiksha Karmi/teacher At Nanki Rai Gram Panchayat Malwa Ka Chora Panchayat Samiti Kotra District Udaipur U-Dies Code 08260621806

5. Bharta Ram Garasiya S/o Dalla Ram Garasiya, Aged About 30 Years, R/o Gram Panchayat Malwa Ka Chaura Post Malwaka Chora Tehsil Kotra District Udaipur. At Present Posted As A Shiksha Karmi/teacher At Nanki Rai Gram Panchayat Malwa Ka Chora Panchayat Samiti Kotra District Udaipur U-Dies Code 08260621806

6. Reshmi Kumari W/o Dharma Ram Garasiya, Aged About 27 Years, R/o Gram Panchayat Semlathala Post Malwaka Chora Tehsil Kotra District Udaipur. At Present Posted As A Shiksha Karmi/teacher At Sirwal Village Semla Thala Gram Panchayat Malwa Ka Chora Panchayat Samiti Kotra District Udaipur U-Dies Code 08260621905

7. Sayba Ram Garasiya S/o Isha Ram, Aged About 31 Years,

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R/o Gram Panchayat Semlathala Post Malwaka Chora Tehsil Kotra District Udaipur. At Present Posted As A Shiksha Karmi/teacher At Sirwal Village Semla Thala Gram Panchayat Malwa Ka Chora Panchayat Samiti Kotra District Udaipur U-Dies Code 08260621905

8. Chunni Lal Garasiya S/o Natha Ram Garasiya, Aged About 23 Years, R/o Mukam Vaheervpan Gram Panchayat Semlathala Post Malwaka Chora Tehsil Kotra District Udaipur. At Present Posted As A Shiksha Karmi/teacher At Vahirupan Village Semla Thala Gram Panchayat Malwa Ka Chora Panchayat Samiti Kotra District Udaipur U-Dies Code 08260621906

9. Devi Kumari D/o Rata Ram, Aged About 26 Years, R/o Vahirupan, Gram Panchayat Semlathala Post Malwaka Chora Tehsil Kotra District Udaipur. At Present Posted As A Shiksha Karmi/teacher At Vahirupan Village Semla Thala Gram Panchayat Malwa Ka Chora Panchayat Samiti Kotra District Udaipur U-Dies Code 08260621906

10. Manisha Devi Garasiya W/o Suresh Kumar, Aged About 30 Years, R/o Uplawas Malwaka Chora Tehsil Kotra District Udaipur. At Present Posted As A Shiksha Karmi/teacher At Kodliya Gram Panchayat Uplawas Panchayat Samiti Kotra District Udaipur U-Dies Code 08260622002

11. Anshu Kumari W/o Viramchand Garasiya, Aged About 30 Years, R/o Mukam Post Mewaron Ka Math Tehsil Kotra District Udaipur. At Present Posted As A Shiksha Karmi/teacher At Sampo Ka Basera Gram Panchayat Mewado Ka Math Panchayat Samiti Kotra District Udaipur U-Dies Code 08260619808

12. Kamla W/o Shanti Lal, Aged About 28 Years, R/o Post Mewaron Ka Math Tehsil Kotra District Udaipur. At Present Posted As A Shiksha Karmi/teacher At Vaniyawad Gram Panchayat Mewado Ka Math Panchayat Samiti Kotra District Udaipur U-Dies Code 08260619807

13. Viram Chand Garasiya S/o Nana Ram, Aged About 30 Years, R/o Mukam Post Mewaron Ka Math Tehsil Kotra District Udaipur. At Present Posted As A Shiksha Karmi/teacher At Vaniyawad Gram Panchayat Mewado Ka Math Panchayat Samiti Kotra District Udaipur U-Dies Code 08260619807

14. Bhuta Ram S/o Thawara Ram, Aged About 27 Years, R/o

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Post Mewaron Ka Math Tehsil Kotra District Udaipur. At Present Posted As A Shiksha Karmi/teacher At Jalora Gram Panchayat Mewado Ka Math Panchayat Samiti Kotra District Udaipur U-Dies Code 08260619805

15. Ganga Ram Garasiya S/o Chuna Ram, Aged About 28 Years, R/o Village Rali Post Mewaron Ka Math Tehsil Kotra District Udaipur. At Present Posted As A Shiksha Karmi/teacher At Rai Gram Panchayat Mewado Ka Math Panchayat Samiti Kotra District Udaipur U-Dies Code 08260620402

16. Nakiya Ram Garasiya S/o Rajaram, Aged About 42 Years, R/o Village Soyala Fala Post Mewaron Ka Math Tehsil Kotra District Udaipur. At Present Posted As A Shiksha Karmi/teacher At Soyal Falan Gram Panchayat Mewado Ka Math Panchayat Samiti Kotra District Udaipur U-Dies Code 08260619809

17. Jijma Devi W/o Bhura Ram, Aged About 28 Years, R/o Village Tarawala Post Mewaron Ka Math Tehsil Kotra District Udaipur. At Present Posted As A Shiksha Karmi/teacher At Thala Falan Baran Gram Panchayat Dang Panchayat Samiti Kotra District Udaipur U-Dies Code 08260620707

18. Sugna Devi W/o Jitendra, Aged About 27 Years, R/o Village Dang Post Mewaron Ka Math Tehsil Kotra District Udaipur. At Present Posted As A Shiksha Karmi/teacher At Biliya Gram Panchayat Dang Panchayat Samiti Kotra District Udaipur U-Dies Code 08260620706

19. Laseeh Kumari W/o Somaram Garasiya, Aged About 27 Years, R/o Village Heral Khurd Post Mewaron Ka Math Tehsil Kotra District Udaipur. At Present Posted As A Shiksha Karmi/teacher At Heral Khurd Gram Panchayat Dang Panchayat Samiti Kotra District Udaipur U-Dies Code 08260621702

20. Ladu Bai Garasiya W/o Reshma Ram, Aged About 31 Years, R/o Village Belu Ka Khet Rawach Sayara District Udaipur. At Present Posted As A Shiksha Karmi/teacher At Dotara Falan Morjara Gram Panchayat Bhutwad Panchayat Samiti Kotra District Udaipur U-Dies Code 08260620002

21. Laxman Lal S/o Limba Ram, Aged About 42 Years, R/o Village Pawati Kalla Post Merpur Tehsil Kotra District Udaipur. At Present Posted As A Shiksha Karmi/teacher At

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Pawti Kalan Gram Panchayat Pawti Kalan Panchayat Samiti Kotra District Udaipur U-Dies Code 08260617702

22. Dita Ram Garasiya S/o Heera Ram, Aged About 29 Years, R/o Village Bada Magra (Ghata) Post Gogrood Tehsil Kotra District Udaipur. At Present Posted As A Shiksha Karmi/teacher At Bada Magra Gram Panchayat Ghata Panchayat Samiti Kotra District Udaipur U-Dies Code 08260624503

23. Sumitra Garasiya W/o Prabhu Ram Garasiya, Aged About 26 Years, R/o Village Bada Magra (Ghata) Post Gogrood Tehsil Kotra District Udaipur. At Present Posted As A Shiksha Karmi/teacher At Bada Magra Gram Panchayat Ghata Panchayat Samiti Kotra District Udaipur U-Dies Code 08260624503

24. Nika Ram Garasiya S/o Rupa Ram, Aged About 28 Years, R/o Village Sati Ka Khet Post Gogrood Tehsil Kotra District Udaipur. At Present Posted As A Shiksha Karmi/teacher At Sati Ka Khet Gram Panchayat Ghata Panchayat Samiti Kotra District Udaipur U-Dies Code 08260639503

25. Shanta Kumari Garasiya W/o Bhimaram, Aged About 30 Years, R/o Village Sati Ka Khet Post Gogrood Tehsil Kotra District Udaipur. At Present Posted As A Shiksha Karmi/teacher At Sati Ka Khet Gram Panchayat Ghata Panchayat Samiti Kotra District Udaipur U-Dies Code 08260639503

26. Kalu Ram Garasiya S/o Annaji, Aged About 46 Years, R/o Village Gata (Patiya) Post Gogrood Tehsil Kotra District Udaipur. At Present Posted As A Shiksha Karmi/teacher At Patiya Gram Panchayat Ghata Panchayat Samiti Kotra District Udaipur U-Dies Code 08260624504

27. Laxmi Garasiya W/o Nika Ram Garasiya, Aged About 31 Years, R/o Village Ghata Post Gogrood Tehsil Kotra District Udaipur. At Present Posted As A Shiksha Karmi/teacher At Patiya Gram Panchayat Ghata Panchayat Samiti Kotra District Udaipur U-Dies Code 08260624504

28. Dalaram Garasiya S/o Reshma Ram, Aged About 29 Years, R/o Village Kamar Jhalara Post Gogrood Tehsil Kotra District Udaipur. At Present Posted As A Shiksha Karmi/teacher At Kamar Fala Jhalara Gram Panchayat Palcha Panchayat Samiti Kotra District Udaipur U-Dies Code08260625105

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29. Bhanwari Garasiya W/o Mitha Ram, Aged About 28 Years, R/o Village Kamar Jhalara Post Gogrood Tehsil Kotra District Udaipur. At Present Posted As A Shiksha Karmi/teacher At Kamar Fala Jhalara Gram Panchayat Palcha Panchayat Samiti Kotra District Udaipur U-Dies Code 08260625105

30. Reshmi Devi Garasiya W/o Virendra Kumar, Aged About 27 Years, R/o Palcha Post Gogrood Tehsil Kotra District Udaipur. At Present Posted As A Shiksha Karmi/teacher At Bhawariya Gram Panchayat Palcha Panchayat Samiti Kotra District Udaipur U-Dies Code 08260639504

31. Megi Devi Garasiya W/o Chama Ram, Aged About 29 Years, R/o Talab Falla (Dewala) Post Gogrood Tehsil Kotra District Udaipur. At Present Posted As A Shiksha Karmi/teacher At Talab Falan Devala Gram Panchayat Gogrud Panchayat Samiti Kotra District Udaipur U-Dies Code 08260624506

32. Ladu Ram Gameti S/o Bhana Ram Gameti, Aged About 25 Years, R/o Mukam Post Loharcha Tehsil Kotra District Udaipur. At Present Posted As A Shiksha Karmi/teacher At Dholi Magri Gram Panchayat Loharcha Panchayat Samiti Kotra District Udaipur U-Dies Code 08260619304

33. Modani Garasiya W/o Movnaram, Aged About 30 Years, R/o Morjara Mewado Ka Math Tehsil Kotra District Udaipur. At Present Posted As A Shiksha Karmi/teacher At Dotara Fala Morjara Gram Panchayat Bhutwad Panchayat Samiti Kotra District Udaipur U-Dies Code 08260620002

34. Jomma Ram S/o Isha Ram, Aged About 27 Years, R/o Chilarva Post Malwa Ka Chora Tehsil Kotra District Udaipur. At Present Posted As A Shiksha Karmi/teacher At Chilarva Gram Panchayat Ukhliyat Panchayat Samiti Kotra District Udaipur U-Dies Code 08260623604

35. Hodari Garasiya D/o Vahta Ram, Aged About 29 Years, R/o Village Khokhriya Kinaul (Jhdad) Post Malwa Ka Chora Tehsil Kotra District Udaipur. At Present Posted As A Shiksha Karmi/teacher At Thamlaveri Gram Panchayat Ukhliyat Panchayat Samiti Kotra District Udaipur U-Dies Code 08260623202

36. Pushpa Devi W/o Kalu Ram, Aged About 27 Years, R/o Tiloi Post Merpur Tehsil Kotra District Udaipur. At Present Posted As A Shiksha Karmi/teacher At Kupatiloi Gram

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Panchayat Tiloi Panchayat Samiti Kotra District Udaipur U- Dies Code 08260616902

37. Shankar Lal S/o Fateh Lal, Aged About 38 Years, R/o Village Sandraf Post Sondrarf Gmp Nayawas Tehsil Kotra District Udaipur. At Present Posted As A Shiksha Karmi/teacher At Mahadev Falan Sondraf Gram Panchayat Nayavas Panchayat Samiti Kotra District Udaipur U-Dies Code 08260606505

38. Dinesh Kumar S/o Bhuisa Ji, Aged About 37 Years, R/o Bhuri Debar Post Mamer Tehsil Kotra District Udaipur. At Present Posted As A Shiksha Karmi/teacher At Khadra Falan (Bhuridhevar) Gram Panchayat Mamer Panchayat Samiti Kotra District Udaipur U-Dies Code 08260604103

39. Shankar Lal Gamar S/o Meena Ram, Aged About 33 Years, R/o Village Viyol Post Mahadi Tehsil Kotra District Udaipur. At Present Posted As A Shiksha Karmi/teacher At Sadrana Falan (Viyol) Gram Panchayat Mahadi Panchayat Samiti Kotra District Udaipur U-Dies Code 08260639701

40. Baldev Pargi S/o Saka Ram, Aged About 25 Years, R/o Rajpur Post Gura Tehsil Kotra District Udaipur. At Present Posted As A Shiksha Karmi/teacher At Santo Ka Falan (Rajpura) Gram Panchayat Rajpur Panchayat Samiti Kotra District Udaipur U-Dies Code 08260602902

----Petitioners Versus

1. State Of Rajasthan, Through 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
      Udaipur(Raj.)
                                                                  ----Respondents





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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:

"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

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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.