WPSS/1827/2022
2022 Latest Caselaw 3115 UK

               Office Notes,
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      Date                                    COURT'S OR JUDGES'S ORDERS
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                                 WPSS No. 1827 of 2022
                                 Hon'ble Manoj Kumar Tiwari, J.

Mr. Prashant Khanna, Advocate for the petitioner.

Mr. Hari Mohan Bhatia, Advocate, for the respondents.

Heard.

Petitioner is engaged through contractor to serve as Multi Tasking Staff in 2015. According to the petitioner, she is being paid only ₹ 7,681/- as remuneration; while, there are other daily wage employees serving in the Income Tax Department, who are being paid ₹ 21,000/- as wages. This, according to petitioner, is unjust and arbitrary. She has claimed protection of equal pay for equal work.

Reliance has been placed upon a judgment rendered by Division Bench of this Court in Special Appeal No. 88 of 2021.

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 make payment to the petitioner as per the Instruction/Direction dated 30.07.2019 (contained as Annexure no. 08 to this writ petition).

ii) Issue a writ, order or direction in the nature of mandamus commanding and directing the respondents to pay salary to the petitioner to the tune as the similarly situated daily wagers are getting pursuant to the order dated 29.12.2017 (contained as Annexure no.03 to this writ petition) as well as order dated 21.04.2022 (contained as Annexure no. 06 to this writ petition)."

        Learned     Counsel    for   the
respondents,    however,    submits that

petitioner is not directly employed by Income Tax Department and she is serving on contract and she is being paid salary through the contractor.

Without entering into the merits of the claim made by the petitioner, this Court thinks that ends of justice would be met, if petitioner is permitted to make representation and the Competent Authority be directed to take decision thereupon at the earliest.

Accordingly, the writ petition is disposed of by permitting petitioner to approach the Competent Authority by making representation for redressal of her grievance, within two weeks from today. If such representation is made within the stipulated period, the Competent Authority shall examine her claim and take decision, as per law, within a period of six weeks from the date of receipt of representation along with certified copy of this order.

(Manoj Kumar Tiwari, J.) 23.09.2022 Aswal