Rajasthan High Court - Jodhpur

Ramesh Chandra vs State Of Rajasthan on 19 January, 2022

Bench: Arun Bhansali

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 869/2022

1. Ramesh Chandra S/o Shri Kuraji Patel, Aged About 45 Years, Resident Of Village And Post Padedi, Tehsil Rishabhdev, District Udaipur (Raj.).

2. Jagdish Chandra S/o Shri Banshi Lalji, Aged About 45 Years, Resident Of Village And Post Patiya, Tehsil Kherwara, District Udaipur (Raj.).

3. Laluram S/o Shri Kalaji Meena, Aged About 53 Years, Resident Of Village Banjariya, Post Kherwara, Tehsil Kherwara, District Udaipur (Raj.).

4. Mohan Lal S/o Shri Moti Lal Meena, Aged About 43 Years, Resident Of Village And Post Garnala, Tehsil Rishabhdev, District Udaipur (Raj.).

5. Ramesh Channdra S/o Shri Nanaji Meena, Aged About 48 Years, Resident Of Village Ghodi Goan Barna, Tehsil Rishabhdev, District Udaipur (Raj.).

6. Nathu Lal S/o Shri Badaji Meena, Aged About 50 Years, Resident Of Village And Post Meena Basti, Kalyanpur, Tehsil Rishabhdev, District Udaipur (Raj.).

7. Kawar Chand S/o Shri Kalaji, Aged About 47 Years, Resident Of Village And Post Bilkha, Tehsil Rishabhdev, District Udaipur (Raj.).

8. Natvar Singh S/o Shri Padam Singh, Aged About 50 Years, Resident Of Village And Post Kalyanpur, Tehsil Rishabhdev, District Udaipur (Raj.).

9. Jaswant Singh S/o Shri Parvat Singh Sisodiya, Aged About 37 Years, Resident Of Village Nichala Talab, Post Katarwas, Tehsil Kherwara, District Udaipur (Raj.).

10. Virendra Kumar S/o Shri Jivaji Meena, Aged About 46 Years, Resident Of Village Tapana Post Ghodi, Tehsil Rishabhdev, District Udaipur (Raj.).

11. Gautam Lal S/o Shri Kubaji, Aged About 47 Years, Resident Of Village And Post Pipali-B, Tehsil Rishabhdev, District Udaipur (Raj.).

12. Haja Ram S/o Shri Bheraji Meena, Aged About 52 Years, Resident Of Village And Post Kagdar, Tehsil Rishabhdev, District Udaipur (Raj.).

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13. Punam Chandra S/o Shri Kaluji Meena, Aged About 51 Years, Resident Of Village And Post Sagvada, Tehsil Rishabhdev, District Udaipur (Raj.).

14. Madhav Lal S/o Shri Jagatnath Meena, Aged About 48 Years, Resident Of Village Bhutala, Post Sagvada, Tehsil Rishabhdev, District Udaipur (Raj.).

15. Akku Lal S/o Shri Hakraji Bhil, Aged About 50 Years, Resident Of Village And Post Katarwas, Tehsil Kherwara, District Udaipur (Raj.).

16. Mohan Lal S/o Shri Kalaji Balai, Aged About 40 Years, Resident Of Village Nichala Talab, Post Katarwas, Tehsil Kherwara, District Udaipur (Raj.).

17. Mahendra Kumar S/o Shri Nanaji, Aged About 50 Years, Resident Of Village Kakan, Post Sagvada, Tehsil Rishabhdev, District Udaipur (Raj.).

18. Hari Devji S/o Shri Phulaji Nanoma, Aged About 56 Years, Resident Of Village And Post Modar, Tehsil Bichhiwara, District Dungarpur (Raj.).

19. Banshi Lal S/o Shri Nanaji Meena, Aged About 45 Years, Resident Of Village Daban, Post Sagvada, Tehsil Rishabhdev, District Udaipur (Raj.).

20. Jaswant Singh S/o Shri Uday Singh Chouhan, Aged About 49 Years, Resident Of Village And Post Katarwas, Tehsil Kherwara, District Udaipur (Raj.).

21. Babu Lal S/o Shri Thavraji Damor, Aged About 54 Years, Resident Of Village And Post Sundara, Tehsil Kherwara, District Udaipur (Raj.).

22. Baldev S/o Shri Koylaji Kharadi, Aged About 57 Years, Resident Of Village And Post Jayra, Tehsil Kherwara, District Udaipur (Raj.).

23. Mani Lal S/o Shri Nanji Damor, Aged About 48 Years, Resident Of Village Malifala Ukhedi, Post Kanbai, Tehsil Kherwara, District Udaipur (Raj.).

24. Vasant Lal S/o Shri Alkhaji, Aged About 47 Years, Resident Of Village Khadkaya, Post Dabaycha, Tehsil Kherwara, District Udaipur (Raj.).

25. Babu Lal S/o Shri Rupsi Pandor, Aged About 51 Years, Resident Of Village Juvarva, Post Patiya, Tehsil Kherwara, District Udaipur (Raj.).

26. Satynarayan S/o Shri Bheraji Meena, Aged About 46

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Years, Resident Of Village Bhrda, Post Bhudhar, Tehsil Rishabhdev, District Udaipur (Raj.).

27. Narayan Lal S/o Shri Amraji Meena, Aged About 43 Years, Resident Of Village Khutanari, Post Bhudhar, Tehsil Rishabhdev, District Udaipur (Raj.).

28. Lachi Ram S/o Shri Varjegji Parmar, Aged About 57 Years, Resident Of Village And Post Katev, Tehsil Rishabhdev, District Udaipur (Raj.).

29. Laxman Lal S/o Shri Ratanaji, Aged About 54 Years, Resident Of Village Khokhadara, Post Kherwara, Tehsil Kherwara, District Udaipur (Raj.).

30. Khemraj S/o Shri Hakraji Gameti, Aged About 57 Years, Resident Of Village And Post Taliya, Tehsil Bichhiwara, District Dungarpur (Raj.).

31. Bhura Lal S/o Shri Vagaji Kharadi, Aged About 47 Years, Resident Of Village Rajnagar, Post Balicha, Tehsil Kherwara, District Udaipur (Raj.).

32. Sohan Lal S/o Shri Hukaji Meena, Aged About 47 Years, Resident Of Village And Post Balicha, Tehsil Kherwara, District Udaipur (Raj.).

33. Kanti Lal Patal S/o Shri Dalaji Patal, Aged About 53 Years, Resident Of Village Nagar, Post Aadiwali, Tehsil Kherwara, District Udaipur (Raj.).

34. Jagdish Chandra S/o Shri Kodar Lalji Kalal, Aged About 47 Years, Resident Of Village And Post Deri, Tehsil Kherwara, District Udaipur (Raj.).

35. Phul Shankar S/o Maji Meena, Aged About 53 Years, Resident Of Village Chourai, Tehsil Rishabhdev, District Udaipur (Raj.).

36. Babu Lal S/o Shri Thavraji Meena, Aged About 47 Years, Resident Of Village Madvaphala, Post Kagdhar, Tehsil Rishabhdev, District Udaipur (Raj.).

37. Laxman Singh S/o Shri Ramji Meena, Aged About 48 Years, Resident Of Village Madvaphala, Post Kagdhar, Tehsil Rishbhadev, District Udaipur (Raj.).

38. Laxmi Lal Meena S/o Shri Savji, Aged About 51 Years, Resident Of Village And Post Bhichhiwada, Tehsil Rishabhdev, District Udaipur (Raj.).

39. Pramod Kumar S/o Shri Jagatnath Meena, Aged About 49 Years, Resident Of Village And Post Rajol, Tehsil

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Rishabhdev, District Udaipur (Raj.).

40. Balu Ram Meena S/o Shri Ramshankar, Aged About 49 Years, Resident Of Village And Post Kanbai, Tehsil Kherwara, District Udaipur (Raj.).

41. Ashok Kumar Gameti S/o Shri Martaji Gameti, Aged About 48 Years, Resident Of Village And Post Kanbai, Tehsil Kherwara, District Udaipur (Raj.).

42. Pradeep Damor S/o Shri Bheraji Damor, Aged About 47 Years, Resident Of Village Paramawada, Post Deri, Tehsil Kherwara, District Udaipur (Raj.).

43. Prabhu Lal S/o Shri Thawraji Meena, Aged About 56 Years, Resident Of Village Dhanol, Post Chani, Tehsil Kherwara, District Udaipur (Raj.).

44. Ranjeet Kumar S/o Shri Khomaji Meena, Aged About 48 Years, Resident Of Village And Post Saroli, Tehsil Kherwara, District Udaipur (Raj.).

45. Kishan Lal S/o Shri Thavaraji, Aged About 47 Years, Resident Of Village And Post Masaro Ki Obari, Tehsil Rishabhdev, District Udaipur (Raj.).

46. Shrawan Kumar Damor S/o Shri Hukaji Damor, Aged About 48 Years, Resident Of Village Bhomtawada, Post Daboyacha, Tehsil Kherwara, District Udaipur (Raj.).

47. Jagdish Chandra S/o Shri Khemaji Latta, Aged About 45 Years, Resident Of Village And Post Saroli, Tehsil Kherwara, District Udaipur (Raj.).

----Petitioners Versus

1. State Of Rajasthan, Through The Secretary, Department Of Agriculture, Government Of Rajasthan, Jaipur (Raj.).

2. The Director, Directorate Of Agriculture, Government Of Rajasthan, Jaipur (Raj.).

3. The Project Director, A.t.m.a, Office Of Deputy Director, Agriculture (Extention), Udaipur.

4. The Project Director, A.t.m.a, Office Of Assistant Director, Agriculture (Extention), Udaipur.

5. The Project Director, A.t.m.a, Office Of Deputy Director, Agriculture (Extention), Dungarpur.

6. The Project Director, A.t.m.a, Office Of Assistant Director, Agriculture (Extention), Dungarpur.

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                                                                ----Respondents


For Petitioner(s)         :    Mr. V.R. Choudhary (through VC)
For Respondent(s)         :



            HON'BLE MR. JUSTICE ARUN BHANSALI

                                    Order

19/01/2022

This writ petition has been filed by petitioners seeking reliefs

as indicated in the writ petition.

Learned counsel for the petitioners 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

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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."

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.