Rajasthan High Court - Jodhpur
Goverdhan Lal Aahari vs State Of Rajasthan on 8 September, 2020
Author: Pushpendra Singh Bhati
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 8588/2020
1. Goverdhan Lal Aahari S/o Shri Virendra Kumar Aahari,
Aged About 44 Years, Byecaste Aahari, R/o Village Dhani,
Hagariya Fala, Post Biliya Badgama, Block Sagwara,
District Dungarpur (Raj.) (Working In Govt. Shiksha
Karmi Primary School, Hagriya).
2. Vimal Prakash Parmar S/o Shri Shankarji Parmar, Aged
About 47 Years, Byecaste Parmar, R/o Village Borbed,
Post Favta, Via Obari, Tehsil Galiyakot, District Dungarpur
(Raj.) (Working In Govt. Shiksha Karmi Primary School,
Pancho Ka Talab Borbed).
3. Chetan Lal Rot S/o Shri Kuriya Rot, Aged About 53 Years,
Byecaste Rot, R/o Vpo Parda Dariyati, Tehsil Chikhali,
District Dungarpur (Rajasthan) (Working In Govt. Shiksha
Karmi Primary School, Talab Fala Parda, Dariyati).
4. Ganpat Lal Bhamat S/o Shri Khatuji Bhamat, Aged About
55 Years, Byecaste Bhamat, R/o Vpo Parda Dariyati,
Tehsil Chikhani, District Dungarpur (Working In Gps,
Ghata Dugar, Chikhali).
5. Mohan Lal Dendore S/o Shri Dalaji Dendore, Aged About
48 Years, Byecaste Dendore, R/ovpo Mithi Limbri Kuwa,
Tehsil Chikhali, District Dungarpur (Working In Gps Mithi
Limadi, Chikhali).
6. Someshwar Damor S/o Shri Chhabi Lal Damor, Aged
About 41 Years, Byecaste Damor, R/o Vpo Gundlara, Via
Chikhali, Tehsil Chikhali, District Dungarpur (Raj.)
(Working In Gps, Chhota Fala, Gundlara).
7. Suraj Damor S/o Shri Prem Chand Damor, Aged About 44
Years, Byecaste Damor, R/o Vpo Tudariya, Punawada,
Tehsil Chikhali, District Dungarpur (Raj.) (Working In Gps,
Dak Fala Tudariya).
8. Popat Lal Damor S/o Shri Manohar Lal Demor, Aged About
41 Years, Byecaste Demor, R/o Village Royada, Post
Sendola, Tehsil Chikhali, District Dungarpur (Rajasthan)
(Working In Gps Segada Fala, Royada).
9. Krishna Muniya S/o Suresh Chandra Muniya, Aged About
47 Years, Byecaste Muniya, R/o Village Dahala, Post
Chitari, Tehsil Galiyakot, District Dungarpur (Working In
(Downloaded on 10/09/2020 at 08:48:41 PM)
(2 of 5) [CW-8588/2020]
Gps Dahala Fala, Muniya).
10. Mohan Lal Dendor S/o Shri Kamji Dendor, Aged About 45
Years, Byecaste Dendor, R/o Village Thethkuwa Likhatiya,
Chitari, Gehsil Galiyakot, District Dungarpur (Rajasthan)
(Working In Gps Thethkuwa).
11. Bachu Lal Demor S/o Shri Khatuji Demor, Aged About 54
Years, Byecaste Demor, R/o Vpo Bhatdiya Jhalai, Tehsil
Seemalwara, District Dungarpur (Working In Gps
Damorwada Ran).
12. Kokila Damor D/o Shri Kamlesh Damor, Aged About 43
Years, Byecaste Damor, R/o Vpo Dediya Fala, Post
Sarthuna, Tehsil Seemalwara, District Dungarpur (Raj.)
(Working In Gups Dediya Fala).
13. Kailash Devi Damor D/o Shri Jawan Singh Damor, Aged
About 44 Years, Byecaste Damor, R/o Vpo Dunka Tehsil
Seemalwada, District Dungarpur (Raj.) (Working In Gps
Dunka, Block Seemalwada).
14. Smt. Dhapa Tabiyad D/o Shri Ratu Tabiyad, Aged About
38 Years, Byecaste Tabiyad, R/o Vpo Dhanera, Tehsil
Chikhali, District Dungarpur (Working In Gps Dhanora,
Block Chikhali).
15. Kamla Paragi D/o Shri Goverdhan Parmar, Aged About 40
Years, Byecaste Paragi, R/o Vpo Surmana, Obari, Tehsil
Sagwara, District Dungarpur (Working In Gps Nichla
Menda).
16. Prabhu Lal Paragi S/o Shri Shankar Lal Pargi, Aged About
46 Years, Byecaste Paragi, R/o Vpo Konchari, Tehsil
Chakhli, District Dungarpur (Working In Gps Dedka Fala).
17. Ram Lal Meena D/o Shru Dhula Ji Meena, Aged About 49
Years, Byecaste Meena, R/o Vpo Falasiya District Udaipur
(Working In Gps Godavarifala Kherwada).
18. Dinesh Kumar Meena S/o Samarath Lal Meena, Aged
About 46 Years, Vpo Darafala, Khandi Upri, Teh.
Kherwawada Udaipur (Working In Govt Ps Darafala
Kherwada).
----Petitioners
Versus
1. State Of Rajasthan, Through Secretary, Department Of
Rural Development And Panchayati Raj, Govt. Of
Rajasthan, Secretariat, Jaipur (Rajasthan).
(Downloaded on 10/09/2020 at 08:48:41 PM)
(3 of 5) [CW-8588/2020]
2. Commissioner, Department Of Rural Development And
Panchayati Raj, Govt. Of Rajasthan, Secretariat, Jaipur
(Rajasthan).
3. Chief Executive Officer, Zila Parishad, Dungarpur
(Rajasthan).
4. District Elementary Education Officer, Dungarpur
(Rajasthan).
5. Chief Executive Officer, Zila Parishad, Udaipur
(Rajasthan).
6. District Elementary Education Officer, Udaipur
(Rajasthan).
----Respondents
For Petitioner(s) : Mr. MS Godara
For Respondent(s) :
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Judgment 08/09/2020 In wake of onslaught of COVID-19, abundant caution is being taken while hearing the matter in Court.
The petitioners have preferred this writ petition under Article 226 of the Constitution of India, claiming the reliefs as mentioned in the writ petition.
Learned counsel for the petitioners prayed that their 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. reported in[(2017) 1 Supreme Court Cases 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 (Downloaded on 10/09/2020 at 08:48:41 PM) (4 of 5) [CW-8588/2020] 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 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 payscale), 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 petitioners in terms of aforesaid precedent law as extracted (Downloaded on 10/09/2020 at 08:48:41 PM) (5 of 5) [CW-8588/2020] hereinabove. The needful be done within a period of 60 days from today.
Stay petition also stands disposed of accordingly.
(DR. PUSHPENDRA SINGH BHATI),J 263-Sanjay/-
(Downloaded on 10/09/2020 at 08:48:41 PM) Powered by TCPDF (www.tcpdf.org)