Vagchand Meena vs State Of Rajasthan
2021 Latest Caselaw 6655 Raj

(1 of 5) [CW-3760/2021]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 3760/2021

1. Vagchand Meena S/o Devji Meena, Aged About 34 Years, Village Pal Panchayat Samiti Pratapgarh District Pratapgarh. At Present Posted As A Shiksha Karmi/teacher At Maa Badi Prathmik Shiksha Cendra Mogia Amba A Panchayat Samiti Pratapgarh District Pratapgarh. U-Dies Code 08331333911

2. Ratan Lal Meena S/o Ojiya Meena, Aged About 38 Years, Jolar District Pratapgarh. At Present Posted As A Shiksha Karmi/teacher At Maa Badi Prathmik Shiksha Cendra Ghatar Falla Gram Panchayat Jolar Panchayat Samiti Pratapgarh District Pratapgarh. U-Dies Code 08331324807

3. Heera Kumari Meena D/o Jokhi Lal W/o Ram Lal Meena, Aged About 33 Years, Village Post Rampuriya Tehsil Peepalkhunt District Pratapgarh. At Present Posted As A Shiksha Karmi/teacher At Maa Badi Prathmik Shiksha Cendra Chayan Kotda Panchayat Samiti Peepalkhunt District Pratapgarh. U-Dies Code 08330220614

4. Kiran D/o Narayan Lal, Aged About 22 Years, Post Dunglawani Tehsil Peepalkhunt District Pratapgarh. At Present Posted As A Shiksha Karmi/teacher At Maa Badi Prathmik Shiksha Cendra Lawada Kudi Gram Panchayat Nal Pada Panchayat Samiti Peepalkhunt District Pratapgarh. U-Dies Code 08330211303

5. Yashoda W/o Ramesh Chand, Aged About 32 Years, Village Karmoda Tehsil Ghantali District Pratapgarh. At Present Posted As A Shiksha Karmi/teacher At Maa Badi Prathmik Shiksha Cendra Upla Pada Panchayat Samiti Peepalkhunt District Pratapgarh. U-Dies Code 08330204905

6. Shyama D/o Suraj Mal, Aged About 27 Years, Khelamela Tehsil Peepalkhunt District Pratapgarh. At Present Posted As A Shiksha Karmi/teacher At Maa Badi Prathmik Shiksha Cendra Kalika Mata Pada Panchayat Samiti Peepalkhunt District Pratapgarh. U-Dies Code 08330207105

7. Usha Meena D/o Devi Lal Meena W/o Trilok Kumar Meena, Aged About 32 Years, Ambedkar Colony, Suhagpura

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District Pratapgarh. At Present Posted As A Shiksha Karmi/teacher At Maa Badi Prathmik Shiksha Cendra Khanmagri Suhagpura Panchayat Samiti Peepalkhunt District Pratapgarh. U-Dies Code 08330224418

8. Bharat Ram Meena S/o Ratan Lal Meena, Aged About 35 Years, At Present Posted As A Shiksha Karmi/teacher At Maa Badi Prathmik Shiksha Cendra Umbiya Mata (Vardo) Gram Panchayat Jamli Panchayat Samiti Peepalkhunt District Pratapgarh. U-Dies Code 08330203405

9. Geeta Meena D/o Lala Meena W/o Baluram, Aged About 24 Years, Pandava Tehsil Peepalkhunt District Pratapgarh. At Present Posted As A Shiksha Karmi/teacher At Maa Badi Prathmik Shiksha Cendra Rendol Falla Panchayat Samiti Peepalkhunt District Pratapgarh. U-Dies Code 08330223419

10. Shyam Lal S/o Laxman, Aged About 27 Years, Chhri Tehsil Peepalkhunt District Pratapgarh. At Present Posted As A Shiksha Karmi/teacher At Maa Badi Prathmik Shiksha Cendra Hanuman Ji Ke Pass Lamba Dabra Panchayat Samiti Peepalkhunt District Pratapgarh. U-Dies Code 083302005207

11. Narendra Kumar Meena S/o Rakma Meena, Aged About 32 Years, Daliyar Post Pandva Tehsil Peepalkhunt District Pratapgarh. At Present Posted As A Shiksha Karmi/teacher At Maa Badi Prathmik Shiksha Cendra Ghatifalla (Datiyar) Panchayat Samiti Peepalkhunt District Pratapgarh. U-Dies Code 08330223422

12. Somwati W/o Harku Lal, Aged About 37 Years, Pratvipura District Pratapgarh. At Present Posted As A Shiksha Karmi/teacher At Maa Badi Prathmik Shiksha Cendra Khadiawani Pritvipura Panchayat Samiti Peepalkhunt District Pratapgarh. U-Dies Code 08330206202

13. Nandu Kumari Meena D/o Goutam Lal Meena, Aged About 22 Years, Ward No.7, Semalia Khurd, District Pratapgarh. At Present Posted As A Shiksha Karmi/teacher At Maa Badi Prathmik Shiksha Cendra Lamba Tonk Panchayat Samiti Peepalkhunt District Pratapgarh. U-Dies Code 08330225103

14. Santa Maida D/o Narsingh W/o Hari Ram Ninama, Aged About 21 Years, Ward No.01, Village Leva Pada Post Dungla Vani District Pratapgarh. At Present Posted As A

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Shiksha Karmi/teacher At Maa Badi Prathmik Shiksha Cendra Gatada Pada (Levapada) Gram Panchayat Nal Pada Panchayat Samiti Peepalkhunt District Pratapgarh. U-Dies Code 08330211302

----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 Pratapgarh (Raj.)

----Respondents

For Petitioner(s) : Mr. Ramdev Potalia

JUSTICE DINESH MEHTA

Judgment

05/03/2021

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 129-A.Arora/-

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