Rajasthan High Court - Jodhpur

Roopa Ram Garasiya 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. 3860/2021

1. Roopa Ram Garasiya S/o Nathu Lal Garasiya, Aged About 25 Years, R/o Village Ambawa Post Padawali Kallan Tehsil Gogunda District Udaipur. At Present Palakh Pipla Gram Panchayat Ambava Tehsil Gogunda District Udaipur U-Dies Code 08260121203.

2. Nega Ram Garasiya S/o Bhutaram, Aged About 29 Years, R/o Village Ambawa Post Padawali Kallan Tehsil Gogunda District Udaipur. At Present Posted As A Shiksha Karmi/teacher At Malvan Village Ambava Tehsil Gogunda District Udaipur U-Dies Code 08260121103

3. Ramlal Gameti S/o Roda Gameti, Aged About 28 Years, R/ o Village Nal Post Nal Tehsil Gogunda District Udaipur. At Present Posted As A Shiksha Karmi/teacher At Hem Ki Ghati Village Nathiyathal Gram Panchayat Nal Tehsil Gogunda District Udaipur U-Dies Code 08260123402

4. Honi Devi D/o Mansaram Garasiya, Aged About 27 Years, R/o Village Ambawa Post Padawali Kallan Tehsil Gogunda District Udaipur. At Present Posted As A Shiksha Karmi/teacher At Upla Ambava Gram Panchayat Ambava Tehsil Gogunda District Udaipur U-Dies Code 08260121102

5. Tejaram Gameti S/o Somaram, Aged About 31 Years, R/o Village Ambawa Post Padawali Kallan Tehsil Gogunda District Udaipur. At Present Posted As A Shiksha Karmi/teacher At Bodipatar Village Loro Ka Bas, Gram Panchayat Padwali Khurd Tehsil Gogunda District Udaipur U-Dies Code 08260121602

6. Nathulal Gameti S/o Pemaram Gameti, Aged About 28 Years, R/o Village Padawali Post Padawali Kallan Tehsil Gogunda District Udaipur. At Present Posted As A Shiksha Karmi/teacher At Bodipatar Village Loro Ka Bas, Gram Panchayat Padwali Khurd Tehsil Gogunda District Udaipur U-Dies Code 08260121602

7. Mohan Lal Gameti S/o Kanhaiyalal Gameti, Aged About 27 Years, R/o R/o Village Mundawali Post Padawali Kallan Tehsil Gogunda District Udaipur. At Present Posted As A Shiksha Karmi/teacher At Surajbara Gram Panchayat Padwali Khurd Tehsil Gogunda District Udaipur U-Dies

(2 of 5) [CW-3860/2021]

Code 08260121801

8. Khema Ram Gameti S/o Thawar Ram, Aged About 32 Years, R/o Village Surajbara Post Padawali Khurd Tehsil Gogunda District Udaipur. At Present Posted As A Shiksha Karmi/teacher At Surajbara Gram Panchayat Padwali Khurd Tehsil Gogunda District Udaipur U-Dies Code 08260121801

9. Udailal Gameti S/o Raju Lal, Aged About 23 Years, R/o Village Bhiwadiya Post Majawadi Tehsil Gogunda District Udaipur. At Present Posted As A Shiksha Karmi/teacher At Khedfala Sivadiya Gram Panchayat Dadiya Tehsil Gogunda District Udaipur U-Dies Code 08260108306

10. Ganesh Lal Gameti S/o Nana Gameti, Aged About 25 Years, R/o Village Nal Post Nal Tehsil Gogunda District Udaipur. At Present Posted As A Shiksha Karmi/teacher At Badli Ka Choura Village Nathiyathal Gram Panchayat Nal Tehsil Gogunda District Udaipur U-Dies Code 08260123403

11. Amba Lal Garasiya S/o Laxmiram, Aged About 29 Years, R/o Village Padmawadi Post Padawali Kallan Tehsil Gogunda District Udaipur. At Present Posted As A Shiksha Karmi/teacher At Simfala Village Padmawadi Gram Panchayat Pandali Ka Choura Tehsil Gogunda District Udaipur U-Dies Code 08260122002

12. Rafiya Lal Gameti S/o Chunni Lal, Aged About 22 Years, R/o Village Mokhi Post Nal Tehsil Gogunda District Udaipur. At Present Posted As A Shiksha Karmi/teacher At Heera Ka Paliya Village Naal Tehsil Gogunda District Udaipur U-Dies Code 08260109704

13. Nirmal Nayak S/o Shanku Nayak, Aged About 28 Years, R/o Village Ogana Post Ogana Tehsil Jhadol District Udaipur. At Present Posted As A Shiksha Karmi/teacher At Ogana Village Tehsil Jhadol District Udaipur U-Dies Code 08260723009

14. Shanta Nayak S/o Ganesh Lal Nayak, Aged About 33 Years, R/o Village Ogana Post Ogana Tehsil Jhadol District Udaipur. At Present Posted As A Shiksha Karmi/teacher At Ogana Village Tehsil Jhadol District Udaipur U-Dies Code 08260723009

15. Harma Ram S/o Gula Ram Gameti, Aged About 27 Years, R/o Village Amba Post Padawali Kallan Tehsil Gogunda

(3 of 5) [CW-3860/2021]

District Udaipur. At Present Posted As A Shiksha Karmi/teacher At Pilka Fala Village Amba Gram Panchayat Padwali Khurd Tehsil Gogunda District Udaipur U-Dies Code 08260122203

16. Bhanwar Lal Garasia S/o Babu Lal, Aged About 30 Years, R/o Village Thal Post Padwali Kallan Tehsil Gogunda District Udaipur. At Present Posted As A Shiksha Karmi/teacher At Hagani Bor Village Thal Gram Panchayat Pandalo Ka Choura Tehsil Gogunda District Udaipur U-Dies Code 08260122103

17. Meera Kumari Garasiya D/o Jita Ram, Aged About 28 Years, R/o Village Thal Post Padwali Kallan Tehsil Gogunda District Udaipur. At Present Posted As A Shiksha Karmi/teacher At Hagani Bor Village Thal Gram Panchayat Pandalo Ka Choura Tehsil Gogunda District Udaipur U-Dies Code 08260122103

18. Naji Bai W/o Manna Ram Garasiya, Aged About 29 Years, R/o Village Kunti Kalewa Gram Panchayat Padlo Ka Chora Post Padawali Kallan Tehsil Gogunda District Udaipur. At Present Posted As A Shiksha Karmi/teacher At Choro Ki Nedi Gram Panchayat Pandalo Ka Choura Tehsil Gogunda District Udaipur U-Dies Code 0826012903

----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 Udaipur (Raj.)

----Respondents

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

                                          (4 of 5)                    [CW-3860/2021]


                     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', 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

(5 of 5) [CW-3860/2021]

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.