Uttarakhand High Court
WPSS/1150/2022 on 28 June, 2022
Office Notes, reports,
orders or proceedings
SL.
Date or directions and COURT'S OR JUDGES'S ORDERS
No
Registrar's order with
Signatures
WPSS No. 1150 of 2022
Hon'ble Manoj Kumar Tiwari, J.
Mr. Anup Kumar Verma, Advocate for the
petitioner.
Mr. Shailendra Singh Chauhan, Advocate for
respondent nos. 1 & 2.
Mr. Pooran Singh Bisht, Addl. C.S.C. for the
State of Uttarakhand/respondent no. 3.
Heard learned counsel for the parties.
Learned counsel for the petitioner submits
that petitioner is serving as Lineman Helper on
contract in Nagar Palika Parishad, Kichha since
2013 and he served in the said capacity upto July,
2018. He further points out that thereafter in the
month of August, 2018, petitioner was engaged
through outsourcing agency and he continued in the
said capacity till April, 2021 and he discharged the
duties as Lineman Helper. Thereafter, in the month
of May, 2021, petitioner was again engaged on
contract, directly by Nagar Palika Parishad and he
is continuing to serve on contract, but, he is being
paid `350/- per day, as wages.
Grievance of the petitioner, as highlighted by
learned counsel for the petitioner is that despite
discharging duties as any other regular Lineman
Helper, petitioner is being paid a paltry sum of
` 350/- per day as wages, however his regular
counterparts are getting salary in the pay scale of
`5200-20,200/- per month with admissible grade
pay.
Reliefs sought in the writ petition are as
follows:-
"i) Issue a writ, order or direction in the
nature of mandamus commanding the respondent
nos. 1 & 2 to decide the representation of the
petitioner dated 15.06.2022, contained in
Annexure no.-1 in the writ petition, by
considering his claim to pay him the 'minimum of
pay scale' in terms of Article 39(d) of the
Constitution of India as also in the light of the
observation made by Hon'ble Supreme Court in
the cases of 'State of Punjab & others Vs. Jagjit
Singh & others' reported in (2017) 1 Supreme
Court Cases 148 as well as in the judgment of
'Sabha Shankar Dubey Vs. Divisional Forest
Officer & others' reported in (2019) 12 Supreme
Court cases 297 and also to treat the petitioner as
contractual employee of the Nagar Palika
Parishad Kichha, for the period of August 2018 to
April 2021.
ii) Issue a writ, order or direction in the
nature of mandamus commanding the respondent
nos. 1&2 to consider the case of the petitioner for
the payment of the 'minimum of pay scale' of Rs.
5200-Rs. 20200 (Level-1) with admissible grade
pay to the petitioner as being paid to the regular
employee working on the post of 'Lineman
Helper' on the principle of 'equal pay for equal
work'.
iii) Issue a writ, order or direction in the nature of
mandamus commanding the respondents not to
show any displeasure towards the petitioner for
approaching Hon'ble court by way of for
depriving him from legitimate and law ful claim."
Learned counsel for petitioner has placed
reliance upon judgments rendered by Hon'ble
Supreme Court in the case of State of Punjab &
others v. Jagjit Singh & others reported in (2017) 1
SCC 148 and Sabha Shanker Dube v. Divisional
Forest Officer & others reported in (2019) 12 SCC
297 in support of his contention that even a daily-
rated employee is entitled for minimum of pay scale
as long as he continues in service.
Learned counsel for respondent nos. 1 & 2
points out that petitioner has already made a
representation 15.06.2022 claiming regular salary
and he assures the Court that decision on the said
representation would be taken by the Competent
Authority within six weeks.
Accordingly, writ petition is disposed of
with direction to Executive Officer, Nagar Palika
Parishad, Kichha to consider and decide petitioner's
representation dated 15.06.2022 as early as
possible, but not later than six weeks from the date
of production of certified copy of this order. Till
decision on petitioner's representation, he shall be
paid minimum of pay scale, payable to a regular
Lineman Helper.
Manoj Kumar Tiwari, J.)
28.06.2022
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