Rajasthan High Court - Jodhpur
Mithu Singh vs State Of Rajasthan on 9 September, 2020
Author: Pushpendra Singh Bhati
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 8799/2020
1. Mithu Singh S/o Lal Singh, Aged About 39 Years,
Presently Posted At The Govt. Primary School Kuracho Ka
Khera, Panchayat Samiti - Devgarh, District - Rajsamand,
Rajasthan.
2. Pukhraj Salvi S/o Rodaram, Aged About 43 Years,
Presently Posted At The Govt. Primary School Dholi Magri,
Panchayat Samiti - Bhim, District - Rajsamand,
Rajasthan.
3. Chandra Singh Rawat S/o Sohan Singh, Aged About 40
Years, Presently Posted At The Govt. Primary School
Kherapata Ki Anti, Panchayat Samiti - Devgarh, District -
Rajsamand, Rajasthan.
4. Dalpat Singh S/o Man Singh, Aged About 45 Years,
Presently Posted At The Govt. Upper Primary School
Raghunathpura, Panchayat Samiti - Devgarh, District -
Rajsamand, Rajasthan.
5. Jagdish Chandra Khatik S/o Shesharam, Aged About 43
Years, Presently Posted At The Govt. Primary School
Umraj, Panchayat Samiti - Devgarh, District - Rajsamand,
Rajasthan.
6. Mangu Singh S/o Nathu Singh, Aged About 46 Years,
Presently Posted At The Govt. Primary School Malak
Malia, Panchayat Samiti - Devgarh, District - Rajsamand,
Rajasthan.
7. Ramesh Chandra S/o Sohan Lal, Aged About 41 Years,
Presently Posted At The Govt. Upper Primary School
Hempura, Panchayat Samiti - Devgarh, District -
Rajsamand, Rajasthan.
8. Lal Singh S/o Kishan Singh, Aged About 39 Years,
Presently Posted At The Govt. Upper Primary School Meal
Ka Khunta, Panchayat Samiti - Bhim, District -
Rajsamand, Rajasthan.
9. Hajari Singh S/o Prem Singh, Aged About 42 Years,
Presently Posted At The Govt. Primary School Udpura,
Panchayat Samiti - Bhim, District - Rajsamand,
Rajasthan.
10. Laduram Gurjar S/o Maharam Gurjar, Aged About 41
Years, Presently Posted At The Govt. Primary School
Gangela Ka Badia, Panchayat Samiti - Devgarh, District -
Rajsamand, Rajasthan.
11. Anop Singh S/o Khangar Singh, Aged About 46 Years,
Presently Posted At The Govt. Primary School Undawasan,
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Panchayat Samiti - Devgarh, District - Rajsamand,
Rajasthan.
12. Deepa Ram Regar S/o Khuma Ji, Aged About 38 Years,
Presently Posted At The Govt. Primary School Beed,
Panchayat Samiti - Devgarh, District - Rajsamand,
Rajasthan.
13. Jeeva Ram Salvi S/o Kesulal, Aged About 42 Years,
Presently Posted At The Govt. Primary School Delaj,
Panchayat Samiti - Devgarh, District - Rajsamand,
Rajasthan.
14. Kheem Singh S/o Vijay Singh, Aged About 40 Years,
Presently Posted At The Govt. Primary School Undawasan,
Panchayat Samiti - Devgarh, District - Rajsamand,
Rajasthan.
15. Mohan Singh S/o Bhanwar Singh, Aged About 46 Years,
Presently Posted At The Govt. Primary School Jawadia
(Thaneta), Panchayat Samiti - Bhim, District -
Rajsamand, Rajasthan.
16. Manju Chouhan D/o Ravindra Singh, Aged About 38
Years, Presently Posted At The Govt. Upper Primary
Schoolsolankio Ka Guda, Panchayat Samiti - Devgarh,
District - Rajsamand, Rajasthan.
17. Hamir Singh S/o Mohan Singh, Aged About 44 Years,
Presently Posted At The Govt. Upper Primary School Nad
Ka Chora, Panchayat Samiti - Devgarh, District -
Rajsamand, Rajasthan.
18. Mahendra Singh S/o Devi Singh, Aged About 39 Years,
Presently Posted At The Govt. Upper Primary School
Sirola, Panchayat Samiti - Devgarh, District - Rajsamand,
Rajasthan.
19. Girdhari Singh Rawat S/o Vard Singh, Aged About 41
Years, Presently Posted At The Govt. Primary School
Sirodhaniya, Panchayat Samiti - Devgarh, District -
Rajsamand, Rajasthan.
20. Santosh Chouhan W/o Ratan Singh, Aged About 38 Years,
Presently Posted At The Govt. Primary School
Sirodhaniya, Panchayat Samiti - Devgarh, District -
Rajsamand, Rajasthan.
21. Santosh Salvi W/o Babu Lal, Aged About 41 Years,
Presently Posted At The Govt. Primary School Gangela Ka
Badia, Panchayat Samiti - Devgarh, District - Rajsamand,
Rajasthan.
22. Ganpat Singh S/o Vanna Singh, Aged About 44 Years,
Presently Posted At The Govt. Primary School Gavli Ka
Devra, Panchayat Samiti - Devgarh, District - Rajsamand,
Rajasthan.
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23. Madan Lal S/o Panna Lal, Aged About 40 Years, Presently
Posted At The Govt. Primary School Dagalia, Panchayat
Samiti - Devgarh, District - Rajsamand, Rajasthan.
24. Mohan Singh S/o Tej Singh, Aged About 45 Years,
Presently Posted At The Govt. Primary School Loto Ki
Rapat, Panchayat Samiti - Bhim, District - Rajsamand,
Rajasthan.
25. Gopal Singh S/o Devi Singh, Aged About 40 Years,
Presently Posted At The Govt. Primary School Rail Ka
Badia, Panchayat Samiti - Bhim, District - Rajsamand,
Rajasthan.
26. Bhanwar Singh S/o Ratan Singh, Aged About 39 Years,
Presently Posted At The Govt. Primary School Rao Ji Ka
Talab, Panchayat Samiti - Bhim, District - Rajsamand,
Rajasthan.
27. Kanchan Devi W/o Daulat Singh, Aged About 40 Years,
Presently Posted At The Govt. Primary School Rao Ji Ka
Talab, Panchayat Samiti - Bhim, District - Rajsamand,
Rajasthan.
28. Kanku Devi W/o Ashok Singh Chouhan, Aged About 41
Years, Presently Posted At The Govt. Primary School
Kanawas, Panchayat Samiti - Bhim, District - Rajsamand,
Rajasthan.
29. Badam Devi W/o Poonam Singh, Aged About 38 Years,
Presently Posted At The Govt. Primary School Kanawas,
Panchayat Samiti - Bhim, District - Rajsamand,
Rajasthan.
30. Sohani Devi W/o Nojaram, Aged About 44 Years,
Presently Posted At The Govt. Girls Primary School Barato
Ki Guhar, Panchayat Samiti - Bhim, District - Rajsamand,
Rajasthan.
31. Hemlata Devi W/o Shankar Singh, Aged About 41 Years,
Presently Posted At The Govt. Primary School Devdungari
(Kushalpura), Panchayat Samiti - Bhim, District -
Rajsamand, Rajasthan.
32. Pappu Singh S/o Kishan Singh Chouhan, Aged About 43
Years, Presently Posted At The Govt. Primary School
Kantho Ka Talab, Panchayat Samiti - Bhim, District -
Rajsamand, Rajasthan.
33. Pratap Singh S/o Ram Singh, Aged About 42 Years,
Presently Posted At The Govt. Primary School Raidua,
Panchayat Samiti - Bhim, District - Rajsamand,
Rajasthan.
34. Inder Singh S/o Udai Singh, Aged About 44 Years,
Presently Posted At The Govt. Primary School Kantho Ka
Talab, Panchayat Samiti - Bhim, District - Rajsamand,
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Rajasthan.
35. Sushila Devi W/o Ghisaram Regar, Aged About 38 Years,
Presently Posted At The Govt. Primary School Sarwania,
Panchayat Samiti - Devgarh, District - Rajsamand,
Rajasthan.
----Petitioners
Versus
1. State Of Rajasthan, Through The Secretary, Education
Department, Government Of Rajasthan, Secretariat,
Jaipur, Rajasthan.
2. Secretary To The Government, Panchayati Raj
Department, Government Of Rajasthan, Secretariat,
Jaipur, Rajasthan.
3. Director, Elementary Education, Bikaner, Rajasthan.
4. District Education Officer, Elementary Education,
Rajsamand, Rajasthan.
5. Chief Executive Officer, Zila Parishad, Rajsamand,
Rajasthan.
6. Rajasthan Shiksha Karmi Board, Shiksha Sankul,
Pancham Block, 5Th Floor, Jln Marg, Jaipur, Rajasthan
Through Its Secretary.
7. Secretary, Rajasthan Madarsa Board, Shiksha Sankul,
Pancham Block, 5Th Floor, Jln Marg, Jaipur, Rajasthan.
8. Development Officer, Panchayat Samiti Devgarh, District
Rajsamand, Rajasthan.
9. Development Officer, Panchayat Samiti Bhim, District
Rajsamand, Rajasthan.
10. Chief Block Education Officer, Panchayat Samiti Devgarh,
District Rajsamand, Rajasthan.
11. Chief Block Education Officer, Panchayat Samiti Bhim,
District Rajsamand, Rajasthan.
----Respondents
For Petitioner(s) : Mr. Pawan Singh
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order 09/09/2020 In wake of onslaught of COVID-19, abundant caution is being taken while hearing the matters in Court. (Downloaded on 10/09/2020 at 08:54:46 PM)
(5 of 6) [CW-8799/2020] 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 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, (Downloaded on 10/09/2020 at 08:54:46 PM) (6 of 6) [CW-8799/2020] 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 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 317-Zeeshan/-
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