Rajasthan High Court - Jodhpur

Heera Lal Ninama vs State Of Rajasthan on 18 November, 2021

Bench: Arun Bhansali

HIGH COURT OF JUDICATURE FOR RAJASTHAN

AT JODHPUR

S.B. Civil Writ Petition No. 13626/2021

1. Heera Lal Ninama S/o Hardariya, aged about 41 Years, Resident of Mukam Chundai Post Dungar Tehsil Ghatol District Banswara At Present Posted As A Shiksha Karmi / Teacher At Maa Badi Prathmik Shiksha Cendra Ghatapada Chundai, Gram Panchayat Dungar Tehsil Ghatol District Banswara U-Dies Code 08280120504

2. Virendra Kharadi S/o Rop Lal Kharadi, aged about 25 Years, Resident of Village Gada Pada Post Kuwaniya Tehsil Ghatol District Banswara At Present Posted As A Shiksha Karmi/teacher At Maa Badi Prathmik Shiksha Cendra Heaer Pada, Gram Panchayat Kuwaniya Tehsil Ghatol District Banswara U-Dies Code 08280102914

3. Kanti Lal Ahari S/o Rangjee Ahari, aged about 43 Years, Resident of Mukam Kargachiya Post Badana, Tehsil Ghatol District Banswara At Present Posted As A Shiksha Karmi/teacher At Maa Badi Prathmik Shiksha Cendra Dungari Pada Kargachiya Gram Panchayat Thikariya Chandravat Tehsil Ghatol District Banswara U-Dies Code 08280105008

4. Nanki Kumari D/o Shankar Lal Dodiyar, aged about 36 Years, Resident of Village Thikariya Post Badana Tehsil Ghatol District Banswara At Present Posted As A Shiksha Karmi/teacher At Maa Badi Prathmik Shiksha Cendra Katarapda Thikariya Chandravat, Gram Panchayat Thikariya Chandravat Tehsil Ghatol District Banswara U- Dies Code 08280104903

5. Kanta Devi W/o Amrit Lal, aged about 32 Years, Resident of Mukam Rathorepada Kanpura Gram Panchayat Badana Tehsil Ghatol District Banswara At Present Posted As A Shiksha Karmi/teacher At Maa Badi Prathmik Shiksha Cendra Rathore Pada Kanpura Gram Panchayat Badana Tehsil Ghatol District Banswara U-Dies Code 08280104115

6. Shankar Lal S/o Hakaru, aged about 32 Years, Resident of Mukam Bhompada Post Amarthun Tehsil Ghatol District Banswara At Present Posted As A Shiksha Karmi/teacher

(2 of 5) [CW-13626/2021]

At Maa Badi Prathmik Shiksha Cendra Gawal Mata Gram Panchayat Amarthun Tehsil Ghatol District Banswara U- Dies Code 08280103010

7. Ganesh Lal Ninama S/o Vitthal Ninama, aged about 28 Years, Resident of Mukam Sadari Post Khamera Tehsil Ghatol District Banswara At Present Posted As A Shiksha Karmi/teacher At Maa Badi Prathmik Shiksha Cendra Jhapapada Sadari Gram Panchayat Bhagora Ka Khera Tehsil Ghatol District Banswara U-Dies Code 08280116203

8. Kesar Charpota D/o Harish Chandra, aged about 37 Years, Resident of Village New Aabadi Senavasa Post Senavasa Tehsil Ghatol District Banswara At Present Posted As A Shiksha Karmi/teacher At Maa Badi Prathmik Shiksha Cendra New Aabadi Senavasa Gram Panchayat Senavasa Tehsil Ghatol District Banswara U-Dies Code 08280102215

9. Ganga Ram Katara S/o Valia, aged about 34 Years, Resident of Mukam Roop Pura Post Narwali Tehsil Ghatol District Banswara At Present Posted As A Shiksha Karmi/teacher At Maa Badi Prathmik Shiksha Cendra Saddi Ki Dundi Gram Panchayat Kalimangari Tehsil Ghatol District Banswara U-Dies Code 08280119202

10. Laxmi Maida D/o Lala Maida, aged about 26 Years, Resident of Mukam Hilej Gram Panchayat Mudasel Tehsil Ghatol District Banswara At Present Posted As A Shiksha Karmi/teacher At Maa Badi Prathmik Shiksha Cendra Baida Pada Gram Panchayat Mudasel Tehsil Ghatol District Banswara U-Dies Code 08280120704

11. Smt. Geeta Ninama D/o Nana Lal, aged about 29 Years, Resident of Mukam Post Kherwa Tehsil Ghatol District Banswara At Present Posted As A Shiksha Karmi/teacher At Maa Badi Prathmik Shiksha Cendra Narughati Kherwa Gram Panchayat Kherwa Tehsil Ghatol District Banswara U-Dies Code 08280111809

12. Guddi Kumari D/o Jeeva Ninama, aged about 21 Years, Resident of Mukam Nathji Ka Gada Post Kherwa Tehsil Ghatol District Banswara At Present Posted As A Shiksha Karmi/teacher At Maa Badi Prathmik Shiksha Cendra Aamli Pada Gram Panchayat Kherwa Tehsil Ghatol District Banswara U-Dies Code 08280111902

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13. Sheela Kumari D/o Magan Lal W/o Kesari Mal, aged about 35 Years, Resident of Mukam Goliyawada Post Jharkaniya Tehsil Ghatol District Banswara At Present Posted As A Shiksha Karmi/teacher At Maa Badi Prathmik Shiksha Cendra Thoboriya Pada Gram Panchayat Goliyawada Tehsil Ghatol District Banswara U-Dies Code 08280112104

14. Indramal Maal S/o Jagji Mal, aged about 29 Years, Resident of Mukam Ugala Dungari Post Delwada Lokiya Tehsil Ghatol District Banswara At Present Posted As A Shiksha Karmi/teacher At Maa Badi Prathmik Shiksha Cendra Ugla Dungari Gram Panchayat Delvada Lokiya Tehsl Ghatol District Banswara U-Dies Code 08280100817

----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.

HON'BLE MR. JUSTICE ARUN BHANSALI

Order

18/11/2021

1. This writ petition has been filed by the petitioners seeking

reliefs as indicated in the writ petition.

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2.   Learned      counsel          for    the     petitioners           prayed      that     their

representation may be considered by the respondents in the 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

[(2007) 1 Supreme Court Cases 149]. 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 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

(5 of 5) [CW-13626/2021]

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.