Suraj Mal Meena vs State Of Rajasthan
2021 Latest Caselaw 16449 Raj

     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                      JODHPUR
               S.B. Civil Writ Petition No. 15362/2021

Suraj Mal Meena, Aged About 45 Years, B/c Meena (S.t.), R/o
Devpura, Tehsil Jahazpur, District Bhilwara. Presently Working As
Chowkidar In Govt. Ambedkar Boys Hostel, Piplund, District
Bhilwara.
                                                                   ----Petitioner
                                      Versus
1.      State Of Rajasthan, Through The Secretary Social Welfare
        Department, Rajasthan, Jaipur.
2.      The Director, Social Welfare Department, Jaipur.
3.      The    Assistant       Director,     Social     Welfare     Department,
        Bhilwara.
                                                                ----Respondents


For Petitioner(s)          :     .Mahipal Rajpurohit.
For Respondent(s)          :



     HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

                                      Order

28/10/2021

     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.

     Learned     counsel        for    the     petitioner       prays   that   the

representation of the petitioner 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

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     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' Page 101101 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 been titled to draw wages at the minimum of
     the pay-scale (at the lowest grade, in the regular
     payscale), extended to regular employees, holding the
     same post."


     Consequently, the present writ petition is disposed of with

direction to the respondents to consider the representation of the


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                                   petitioner in terms of aforesaid precedent law as extracted

                                   hereinabove. The needful be done within a period of 60 days from

                                   today.


                                                                 (DR. PUSHPENDRA SINGH BHATI),J.

191-SPhophaliya/-

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