Chena Ram And Ors vs State And Ors (2023:Rj-Jd:35522)
2023 Latest Caselaw 8617 Raj

[2023:RJ-JD:35522]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 9991/2017

1. Chena Ram S/o Shri Birma Ram, Resident Of Choudhary Ki Dhani, Berdo Ka Bas, Tehsil Osian District Jodhpur.

2. Chhagna Ram S/o Shri Ramu Ram, Resident Of Ratniyo Ki Dhani, Cherai, Tehsil Osian District Jodhpur.

3. Chima Ram S/o Shri Simratha Ram, Resident Of Dabdi, Tehsil Osian District Jodhpur.

4. Bhoma Ram S/o Shri Chena Ram, Resident Of Sinvaro Ki Dhani, Sirmandi, Tehsil Osian District Jodhpur.

5. Raju Ram S/o Shri Chena Ram, Resident Of Sirmandi, Tehsil Osian District Jodhpur.

6. Shrawan Lal S/o Shri Ruga Ram, Resident Of Brahmino Ki Dhani, Sri Ram Nagar, Tehsil Osian District Jodhpur.

7. Surja Ram S/o Shri Aadu Ram, Resident Of Ramdev Nagar, Osian, Tehsil Osian District Jodhpur.

8. Rupa Ram S/o Shri Ramu Ram, Resident Of Jatipura, Tehsil Osian District Jodhpur.

9. Jaswant Singh S/o Shri Bhanwar Singh, Resident Of Jatipura, Tehsil Osian District Jodhpur.

10. Babuta Ram S/o Shri Joga Ram, Resident Of Jatipura, Tehsil Osian District Jodhpur.

11. Pep Singh S/o Shri Nar Singh, Resident Of Bana Ka Bas, Osian Tehsil Osian District Jodhpur.

12. Ananda Ram S/o Shri Nimba Ram, Resident Of Jatipura, Tehsil Osian District Jodhpur.

13. Mangi Lal S/o Shri Jiya Ram, Resident Of Lachhaniyo Ki Dhani, Berdo Ka Bas, Tehsil Osian District Jodhpur.

14. Mohan Ram S/o Likhma Ram, Resident Of Bhakaro Godaro Ki Dhani, Ramdev Nagar, Sirmandi, Tehsil Osian District Jodhpur.

15. Chanana Ram S/o Shri Raju Ram, By Caste Jat, Resident Of Village Khangar Ki Dhani, Khabra Khurd, Tehsil Osian District Jodhpur.

16. Bhanwar Lal S/o Shri Lichha Ram, By Caste Jat, Resident Of Khabra Khurd, Tehsil Osian District Jodhpur.

17. Baga Ram S/o Shri Rama Ram, Resident Of Mekaniyo Ki Dhani, Berdo Ka Bas, Tehsil Osian District Jodhpur.

18. Narayan Ram S/o Shri Puna Ram, Resident Of Udkiyo Ka Bas, Mahadev Nagar Osian Tehsil District Jodhpur.

19. Jora Ram S/o Shri Kripa Ram, Resident Of Arjun Dev Nagar, Mahadev Nagar, Osian, Tehsil Osian District Jodhpur.

20. Bishna Ram S/o Shri Bhoma Ram, Resident Of Cherai, Tehsil Osian District Jodhpur.

21. Surendra Kumar S/o Shri Kishna Ram, Resident Of Hari

[2023:RJ-JD:35522] (2 of 4) [CW-9991/2017]

Om Dhuna, Berdo Ka Bas, Osian Tehsil Osian District Jodhpur.

22. Chena Ram S/o Shri Achla Ram, Resident Of Berdo Ka Bas, Osian, Tehsil Osian District Jodhpur.

23. Babu Ram S/o Shri Achla Ram, Resident Of Berdo Ka Bas, Osian, Tehsil Osian District Jodhpur.

----Petitioners Versus

1. The State Of Rajasthan Through Secretary Department Of Public Health And Engineering, Government Of Rajasthan, Secretariat, Jaipur.

2. The Secretary, Department Of Rural Development And Panchayati Raj, Rajasthan, Jaipur.

3. The Addl. Commissioner, Rural Development And Panchayat Raj Department, Rajasthan, Jaipur.

4. Chief Engineer Admn., Public Health And Engineering Department, Rajasthan, Jairpur.

5. Superintending Engineer, Public Health And Engineering Department, Jodhpur.

                                                                 ----Respondents


For Petitioner(s)          :    Mr. Yuvraj Singh for
                                Mr. RS Choudhary
For Respondent(s)          :    Mr. K.K.Bissa



                     JUSTICE DINESH MEHTA

                                     Order

17/10/2023

1. This writ petition has been filed by the petitioners seeking

equal pay for equal work.

2. Learned counsel for the petitioners prayed that petitioners'

would be satisfied if their representation is ordered to be

considered by the respondents in light of the judgment passed by

the Hon'ble Apex Court in the case 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:

[2023:RJ-JD:35522] (3 of 4) [CW-9991/2017]

"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' 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

[2023:RJ-JD:35522] (4 of 4) [CW-9991/2017]

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 pay-scale), extended to regular employees, holding the same post."

3. Consequently, the present writ petition is disposed of with

direction to the petitioners to file their representation along with a

web copy of order instant within a period of 4 weeks.

4. The respondents shall consider the same in light of aforesaid

judgment. The needful be done within a period of 3 months from

receiving the representation.

5. The stay application also stands disposed of accordingly.

(DINESH MEHTA),J 251-akansha/-

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