Ram Lal Gurjar vs State Of Rajasthan ...
2023 Latest Caselaw 4452 Raj

[2023/RJJD/014709]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 5935/2023

1. Ram Lal Gurjar S/o Shri Nathu Lal Gurjar, Aged About 29 Years, R/o 259, Bala Ka Kheda, Amdala, Amdala C.o. Bhilwara (Rajasthan).

2. Himanshu Vijayargiya S/o Shri Chandra Prakash Vijayvargiya, Aged About 32 Years, R/o 943, Regar Mohalla, Bijoliya Kalla, Bhilwara (Raj.).

3. Vishwamitra Tiwari S/o Shir Durga Lal, Aged About 37 Years, R/o Sadar Bazaar, Thal Kallan, Thala, Bhilwara (Raj.).

4. Shyam Lal Bhil S/o Shir Lehur Lal Bhil, Aged About 34 Years, R/o Ward No. 4, Village Guda Kheda, Sahara, Bhilwara (Raj.).

5. Mukesh Kumar Vaishnav S/o Sugan Das, Aged About 33 Years, R/o Naya Kanpura, Barasani, Bhilwara (Raj.).

6. Abdul Jabbar S/o Shri Abdul Sattar, Aged About 53 Years, R/o Ward No. 11, Sadar Bazaar, Jahajpur, Bhilwara.

7. Amit Kumawat S/o Shri Navratan Mal Kumawat, Aged About 29 Years, R/o Sutharon Ka Mohalla, Asind, Parasoli, Bhilwara.

8. Jamna Lal Teli S/o Shri Kela Teli, Aged About 34 Years, R/o Maija, Bhilwara (Raj.).

9. Shivraj Khatik S/o Shri Banshi Lal Khatik, Aged About 29 Years, R/o Bhatewar, Bhilwara.

----Petitioners Versus

1. State Of Rajasthan, Through Chief Secretary, Govt. Of Rajasthan, Jaipur.

2. Union Of India, Through The Secretary, Ministry Of Rural Development, New Delhi.

3. The Principal Secretary, Rural Development And Panchayati Raj Department, Govt. Of Rajasthan, Jaipur (Raj.).

4. Secretary, Ministry Of Rural Development, Department Of Drinking Water And Sanitation, Govt. Of Inaid, 8Th Floor, Paryavaran Bhawan, Cgo Complex, Lodhi Road, New Delhi.

[2023/RJJD/014709] (2 of 4) [CW-5935/2023]

5. The Principal Secretary, Department Of Finance, Govt. Of Rajasthan, Jaipur (Raj.).

6. The Director, Clean India Mission (Rural) (Swachh Bharat Abhiyan), Rural Development And Panchayati Raj Department, Govt. Of Rajasthan, Jaipur.

7. The District Collector, Bhilwara.

8. The Chief Executive Officer, Zila Parishad, Bhilwara, Rajasthan.

----Respondents

For Petitioner(s) : Mr. Harshvardhan Singh.

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

11/05/2023

1. This writ petition has been filed by petitioners seeking reliefs as

indicated in the writ petition.

2. Learned counsel for the petitioners submitted that the

petitioners would be satisfied if the respondents are directed to

consider petitioners' representation 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'

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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 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. The present writ petition is, therefore, disposed of with direction to

the petitioners to file a representation before the competent authority of

the respondents along with certified copy of the order instant within a

period of four weeks from today.

4. The competent authority shall consider the same in accordance with

law within a period of 60 days from receipt of the representation.

5. It is made clear that aforesaid direction to decide the representation

has been issued only with a view to ensure expeditious redressal of

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petitioners grievance. The same may not be construed to be an order to

decide the representation in a particular manner.

(VINIT KUMAR MATHUR),J 67-AnilSingh/-

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