Rajasthan High Court - Jodhpur
Jay Rani vs State Of Rajasthan on 22 October, 2021
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 13484/2021
1. Jay Rani W/o Shri Kishan, Aged About 43 Years, 419,
Pubu Ji Ka Deval, Village And Post Chandrakh, Tehsil
Baoni, Jodhpur.
2. Manju Devi W/o Bhikha Ram, Aged About 43 Years,
Khichado Ki Dhaniyan, Village Haniya, Tehsil Baori,
Jodhpur.
3. Laxmi Choudhary D/o Kaishna Ram, Aged About 42 Years,
Bara Khurd, Osian, Jodhpur.
4. Gaja Ram S/o Gena Ram, Aged About 45 Years, Sadho Ki
Dhani, Tehsil Sindhari, Barmer.
----Petitioners
Versus
1. State Of Rajasthan, Through The Secretary, Department
Of Panchayati Raj, Government Of Rajasthan, Jaipur.
2. The Director, Elementary Education, Bikaner.
3. The District Education Officer, Elementary Education,
Jodhpur.
4. The District Education Officer, Elementary Education,
Barmer.
----Respondents
For Petitioner(s) : Mr. Sushil Solanki
For Respondent(s) :
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
22/10/2021
1. In wake of second surge in the COVID-19 cases, abundant
caution is being maintained, while hearing the matters in Court,
for the safety of all concerned.
2. This writ petition has been filed by petitioner seeking reliefs
as indicated in the writ petition.
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(2 of 3) [CW-13484/2021]
3. Learned counsel for the petitioner prayed that his
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 fact 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
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(3 of 3) [CW-13484/2021]
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."
4. Consequently, the present writ petition is disposed of with
direction to the respondents to consider the representation of the
petitioner in terms of aforesaid judgment. The needful be done
within a period of 60 days from today. All pending applications
also stand disposed of.
(DR.PUSHPENDRA SINGH BHATI),J.
35-skant/-
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