Rajasthan High Court - Jodhpur
Rakesh Kumar vs The State Of Rajasthan on 27 September, 2021
Author: Arun Bhansali
Bench: Arun Bhansali
(1 of 2) [CW-11914/2020]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 11914/2020
Rakesh Kumar S/o Ramswaroop, Aged About 41 Years, R/o
Village And Post Devroad, District Jhunjhunu (Raj.)
----Petitioner
Versus
1. The State Of Rajasthan, Through The Principal Secretary,
Education Department, Government Of Rajasthan,
Secretariat, Jaipur.
2. Director, Secondary Education, Rajasthan, Bikaner
3. Joint Director, Secondary Education, Churu Zone, Churu
----Respondents
For Petitioner(s) : Mr. V.S. Bhawla.
For Respondent(s) :
HON'BLE MR. JUSTICE ARUN BHANSALI
Order 27/09/2021 This writ petition has been filed by petitioner seeking reliefs as indicated in the writ petition.
Learned counsel for the petitioner prayed that his representation 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.: (2017) 1 SCC 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 factor 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, insofar as (Downloaded on 27/09/2021 at 08:56:57 PM) (2 of 2) [CW-11914/2020] 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 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.
(ARUN BHANSALI),J 121-PKS/-
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