WPSS/1695/2022
2022 Latest Caselaw 2814 UK

                Office Notes,
             reports, orders or
SL.           proceedings or
      Date                                    COURT'S OR JUDGES'S ORDERS
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             Registrar's order
              with Signatures
                                  WPSS No.1695 of 2022
                                  Hon'ble Manoj Kumar Tiwari, J.

Mr. Hem Chandra Joshi, Advocate for the petitioner.

Mr. V.S. Rawat, Brief Holder for the State of Uttarakhand.

Heard learned counsel for the parties.

Petitioner is a casual worker engaged on daily wages in Forest Department since 2009. According to her, she is being paid ` 8,213/- as remuneration each month; while, her counterparts appointed on regular basis are being paid ` 23,580/- as salary.

By means of this writ petition, petitioner has sought the following reliefs:

"I. Issue a writ order or direction in the nature of mandamus commanding and directing the respondents to pay prevailing minimum of pay scale including Dearness Allowance alongwith arrears as per recommendation of 6th and 7th pay commission to the petitioner as being paid to regular appointed employees in the State of Uttarakhand in accordance with law.

II. Issue a writ order or direction in the nature of mandamus commanding and directing the respondents to pay salary month to month basis continuously to the petitioner through voucher/muster roll basis and not to disturb the peaceful functioning the services of the petitioner during the pendency of the writ petition."

Learned counsel for the petitioner submits that denial of same remuneration to the petitioner, despite discharging duties as are discharged by regular employees, amounts to violation of principle of equal pay for equal work.

Reliance has been placed upon various judgments rendered by Hon'ble Supreme Court.

After arguing for a while, learned counsel for the petitioner confines his prayer and submits that writ petition may be disposed of with a direction to Competent Authority to examine petitioner's claim for equal pay.

Learned Brief Holder assures the Court that if petitioner makes a representation, the same shall be decided expeditiously.

Accordingly, the writ petition is disposed of by permitting the petitioner to make representation to respondent no. 3, within three weeks from today. If such representation is made within the stipulated period, decision thereupon shall be taken within a period of three months' from the date of receipt of representation alongwith certified copy of this order.

(Manoj Kumar Tiwari, J.) 06.09.2022 Arpan