Smt. Varsha Sain vs State Of Rajasthan ...
2023 Latest Caselaw 8426 Raj

[2023:RJ-JD:34795]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 15479/2023

Smt. Varsha Sain D/o Shri Mangi Lal Sain W/o Shri Murari Lal Sain, Aged About 31 Years, B/c Sain (Obc) R/o Balor Road, Khandhar, District Sawai Madhopur, Presently Working As Cook In Kasturba Gandhi Balika Residential School, Type-IV, Khandhar, District Sawai Madhopur.

----Petitioner Versus

1. State Of Rajasthan, Through The Secretary, Department of Rural Development and Panchayati Raj, Government of Rajastha, Secretariat, Jaipur.

2. Rajasthan Secondary Education Council through its Commissioner, Doctor Radhakrishnan Shiksha Sankul, Eklavya Bhawan, JLN Marg, (Opposite Ots Bridge, Block

5), Jaipur.

3. The Chief District Education Officer (Secondary Education) Cum Ex-Officio, District Project Co-ordinator, Samagra Shiksha Abhiyan, Sawai Madhopur.

4. The Secretary, Education Department, Government of Rajasthan, Secretariat, Jaipur, Rajasthan.

5. The Director, Secondary Education, Bikaner.

                                                                   ----Respondents


For Petitioner(s)            :    Mr. Prakash Sen
For Respondent(s)            :

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

12/10/2023

An application (01/2023) has been preferred on behalf of the

petitioner for taking the amended cause title on record.

For the reasons mentioned in the application, the same is

allowed. Amended cause title is taken on record.

[2023:RJ-JD:34795] (2 of 3) [CW-15479/2023]

This writ petition has been filed by petitioner seeking reliefs

as indicated in the writ petition.

Learned counsel for the petitioner prays that representation

filed by 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 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, in so far 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,

[2023:RJ-JD:34795] (3 of 3) [CW-15479/2023]

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 42hereinabove. 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

petitioner in terms of aforesaid judgment. The needful be done

within a period of 60 days from today.

The stay application is also disposed of.

The order has been passed based on the submissions made

in the petitions, the respondents would be free to examine the

veracity of the submissions made in the petition and only in case,

the averments made therein are found to be correct, the petitioner

would be entitled to the relief.

(VINIT KUMAR MATHUR),J 44-/Vivek/-

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