Rajasthan High Court - Jodhpur

Ramesh Chandra Patel vs State Of Rajasthan on 15 March, 2021

Bench: Dinesh Mehta

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 3938/2021

1. Ramesh Chandra Patel S/o Lamba Patel, Aged About 28 Years, R/o Village Rohal Post Pansi Chhoti Tehsil Gadi District Banswara. At Present Posted As A Shiksha Karmi/teacher At Maa Badi Prathmik Shiksha Cendra Talai Pada Rohal Gram Panchayat Pansi Chhoti Panchayat Samiti Gadi District Banswara U-Dies Code 08280416403

2. Prabhu Lal Charpota S/o Heera Lal Charpota, Aged About 35 Years, R/o Village Dakarkundi Post Ador Teh Garhi District Banswara. At Present Posted As A Shiksha Karmi/teacher At Maa Badi Prathmik Shiksha Cendra Nai Basti Gram Panchayat Dakarkundi Panchayat Samiti Gadi District Banswara U-Dies Code 08280419802

3. Seema Charpota W/o Swaraj Charpota, Aged About 29 Years, R/o V. Panasi Bapi Post Panasi Choti Tehsil Gadi District Banswara. At Present Posted As A Shiksha Karmi/teacher At Maa Badi Prathmik Shiksha Cendra Nai Abadi Pansi Badi Gram Panchayat Dakarkundi Panchayat Samiti Gadi District Banswara U-Dies Code 08280416502

4. Kokila Patel W/o Tulsi Ram Patel, Aged About 45 Years, R/ o Village Rohal Post Pansi Chhoti District Banswara. At Present Posted As A Shiksha Karmi/teacher At Maa Badi Prathmik Shiksha Cendra Talai Pada Rohal Gram Panchayat Pansi Chhoti Panchayat Samiti Gadi District Banswara U-Dies Code 08280416403

5. Gautam Lal Katara S/o Vaja Lal Katara, Aged About 39 Years, R/o Pansi Chhoti Tehsil Garhi District Banswara. At Present Posted As A Shiksha Karmi/teacher At Maa Badi Prathmik Shiksha Cendra Katara Pada Panasi Chhoti Gram Panchayat Pansi Chhoti Panchayat Samiti Gadi District Banswara U-Dies Code 08280416303

6. Prabhu Lal Charpota S/o Gautam Lal Charpota, Aged About 43 Years, R/o Tehsil Garhi District Banswara. At Present Posted As A Shiksha Karmi/teacher At Maa Badi Prathmik Shiksha Cendra Charpota Falla Panasi Chhoti Gram Panchayat Pansi Chhoti Panchayat Samiti Gadi District Banswara U-Dies Code 08280416305

7. Smt. Sarla W/o Kamalkant Ninama, Aged About 29 Years, R/o Village Pansi Chhoti Tehsil Garhi District Banswara. At

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Present Posted As A Shiksha Karmi/teacher At Maa Badi Prathmik Shiksha Cendra Nai Abadi Pansi Chhoti Gram Panchayat Pansi Chhoti Panchayat Samiti Gadi District Banswara U-Dies Code 08280416305

8. Manna Lal S/o Jai Prakash Rawat, Aged About 35 Years, R/o Pansi Chhoti Tehsil Garhi District Banswara. At Present Posted As A Shiksha Karmi/teacher At Maa Badi Prathmik Shiksha Cendra Garasia Falla Kuwadiya Gram Panchayat Pansi Chhoti Panchayat Samiti Gadi District Banswara U-Dies Code 08280416804

9. Rajmal Charpota S/o Hamji Charpota, Aged About 34 Years, R/o Tehsil Garhi District Banswara. At Present Posted As A Shiksha Karmi/teacher At Maa Badi Prathmik Shiksha Cendra Masar Pada Ratdiya Gram Panchayat Aamja Panchayat Samiti Gadi District Banswara U-Dies Code 08280420703

10. Gautam Lal Masar S/o Haluwa Masar, Aged About 26 Years, R/o Mukam Kona Post Pansi Chhoti Tehsil Garhi District Banswara. At Present Posted As A Shiksha Karmi/teacher At Maa Badi Prathmik Shiksha Cendra Haleda Wala Dungara Gram Panchayat Pansi Chhoti Panchayat Samiti Gadi District Banswara U-Dies Code 08280416704

11. Sukhram Masar S/o Dhanji Masar, Aged About 40 Years, R/o Village Kuwadia Post Pansi Chhoti Tehsil Garhi District Banswara. At Present Posted As A Shiksha Karmi/teacher At Maa Badi Prathmik Shiksha Cendra Mahudi Khota Kuwadiya Gram Panchayat Pansi Chhoti Panchayat Samiti Gadi District Banswara U-Dies Code 08280416803

12. Manjula Tabiyar D/o Dhanji Tabiyar, Aged About 31 Years, R/o Dubla Pada Tehsil Garhi District Banswara. At Present Posted As A Shiksha Karmi/teacher At Maa Badi Prathmik Shiksha Cendra Dubla Pada Kakarava Gram Panchayat Pandit Gopinath Ka Gada Panchayat Samiti Gadi District Banswara U-Dies Code 08280417003

13. Prabhu Lal Singada S/o Moga, Aged About 32 Years, R/o Johania Mafi, Singhada Pada District Banswara. At Present Posted As A Shiksha Karmi/teacher At Maa Badi Prathmik Shiksha Cendra Nai Abadi Sindhada Pada Gram Panchayat Khodan Panchayat Samiti Gadi District Banswara U-Dies Code 08280404703

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14. Manjula Charpota W/o Shambu Lal Charpota, Aged About 27 Years, R/o Village Vata Post Madalda District Banswara. At Present Posted As A Shiksha Karmi/teacher At Maa Badi Prathmik Shiksha Cendra Bata Falla Madalda Gram Panchayat Madalda Panchayat Samiti Gadi District Banswara U-Dies Code 08280416011

15. Shanker Lal S/o Mogaji Vadera, Aged About 38 Years, R/o Mukam Keveda Post Ador Tehsil Garhi District Banswara. At Present Posted As A Shiksha Karmi/teacher At Maa Badi Prathmik Shiksha Cendra Banjara Basti Kewada Gram Panchayat Ador Panchayat Samiti Gadi District Banswara U-Dies Code 08280416212

16. Vanita Kumari Khant D/o Manheg Khant, Aged About 28 Years, R/o Bhawanpura District Banswara. At Present Posted As A Shiksha Karmi/teacher At Maa Badi Prathmik Shiksha Cendra Katija Falla Dakarkundi Gram Panchayat Dakarkundi Panchayat Samiti Gadi District Banswara U- Dies Code 08280419803

17. Bhika Lal Ninama S/o Rakma Ninama, Aged About 35 Years, R/o Adhiwasi Mohalla Berwa District Banswara. At Present Posted As A Shiksha Karmi/teacher At Maa Badi Prathmik Shiksha Cendra Badli Pada Bedwa Gram Panchayat Bedwa Panchayat Samiti Gadi District Banswara U-Dies Code 08280408607

18. Nagendra Kumar Khant S/o Devji Khant, Aged About 34 Years, S/o Nayatalab Adarshpura Daduka District Banswara. At Present Posted As A Shiksha Karmi/teacher At Maa Badi Prathmik Shiksha Cendra Adarhpura Daduka Gram Panchayat Daduka Panchayat Samiti Gadi District Banswara U-Dies Code 08280423102

19. Pankaj Kumar Charpota S/o Devilal Charpota, Aged About 22 Years, R/o Post Ador Tehsil Garhi District Banswara. At Present Posted As A Shiksha Karmi/teacher At Maa Badi Prathmik Shiksha Cendra Khota Pada Dakarkundi Gram Panchayat Dakarkundi Panchayat Samiti Gadi District Banswara U-Dies Code 08280419804

20. Indira Damor D/o Ravji Damor, Aged About 25 Years, R/o Ward No. 5, Adiwasi Mohalla Natheli Bhimsor District Banswara. At Present Posted As A Shiksha Karmi/teacher At Maa Badi Prathmik Shiksha Cendra Damor Pada Bhimsour Gram Panchayat Bheemsour Panchayat Samiti

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Gadi District Banswara U-Dies Code 08280406707

21. Kavita Makwana W/o Vinod Kumar Makwana, Aged About 33 Years, R/o Lorda Ghati Paraheda Nayatalab Tehsil Garhi District Banswara. At Present Posted As A Shiksha Karmi/teacher At Maa Badi Prathmik Shiksha Cendra Naya Talab Ratnalapada Gram Panchayat Paraheda Panchayat Samiti Gadi District Banswara U-Dies Code 08280407103

22. Supriya Masar W/o Naresh Kumar Masar, Aged About 35 Years, R/o Nai Abadi Tehsil Garhi District Banswara. At Present Posted As A Shiksha Karmi/teacher At Maa Badi Prathmik Shiksha Cendra Adhiwasi Basti Panchayat Samiti Gadi District Banswara U-Dies Code 08280408118

23. Narayan Lal Damor S/o Hawji Damor, Aged About 28 Years, R/o Ogariya, Asora District Banswara. At Present Posted As A Shiksha Karmi/teacher At Maa Badi Prathmik Shiksha Cendra Chirowala Falla Asoda Gram Panchayat Asoda Panchayat Samiti Gadi District Banswara U-Dies Code 08280421301

24. Harish Chandra S/o Gangji Khadha, Aged About 40 Years, R/o Adhiwasi Mohalla, Post Asoda District Banswara. At Present Posted As A Shiksha Karmi/teacher At Maa Badi Prathmik Shiksha Cendra Nai Abadi Asoda Gram Panchayat Asoda Panchayat Samiti Gadi District Banswara U-Dies Code 08280405211

25. Kapil Damor S/o Radhu Damor, Aged About 24 Years, R/o Mohan Singh Ka Gada Post Saredi Chhoti Tehsil Garhi District Banswara. At Present Posted As A Shiksha Karmi/teacher At Maa Badi Prathmik Shiksha Cendra Mohan Singh Ka Gada Gram Panchayat Chhoti Saredi Panchayat Samiti Gadi District Banswara U-Dies Code 08280404403

26. Gautam Lal Adivasi S/o Kalu Adivasi, Aged About 39 Years, R/o Mukam Post Aasan Tehsil Garhi District Banswara. At Present Posted As A Shiksha Karmi/teacher At Maa Badi Prathmik Shiksha Cendra Padoli Mohalla Gram Panchayat Rainagar Asan Panchayat Samiti Gadi District Banswara U-Dies Code 08280405507

27. Mahendra Kalasua S/o Ramlal Kalasua, Aged About 23 Years, R/o Padeli Asan, Tehsil Garhi District Banswara. At Present Posted As A Shiksha Karmi/teacher At Maa Badi Prathmik Shiksha Cendra Padoli Mohalla Gram Panchayat

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Rainagar Asan Panchayat Samiti Gadi District Banswara U-Dies Code 08280405507

----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 Banswara (Raj.).

                                                                      ----Respondents


For Petitioner(s)            :     Mr. Ramdev Potalia
For Respondent(s)            :



                        JUSTICE DINESH MEHTA

                                    Judgment

15/03/2021

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',

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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

petitioners in terms of aforesaid judgment. The needful be done

within a period of 60 days from today.

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4. The stay application is also disposed of.

(DINESH MEHTA),J

129-CPGoyal/-