Chattisgarh High Court
Kashiram Dhawade vs Union Of India on 19 January, 2022
Author: Sanjay K. Agrawal
Bench: Sanjay K. Agrawal
1
WPS No. 312 of 2022 & Ors.
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
WPS No. 312 of 2022
Kamti Bai W/o Dhanuram Aged About 45 Years
R/o Village Mangchua, District Balod
Chhattisgarh.
Petitioner
Versus
1. Union Of India Through Secretary, Ministry
Of Human Resources Development, Department
Of School Education And Literacy, Mid Day
Meal Division, Shastri Bhawan New Delhi.
2. State Of Chhattisgarh Through The Secretary,
Department Of Education Mahanadi Bhawan,
Mantralaya, Naya Raipur, District Raipur
Chhattisgarh.
3. Directorate School Education Through The
Director School Education, Shiksha Parisar,
Pension Bada, Raipur, District Raipur
Chhattisgarh.
4. Block Education Officer Dondi Lohara,
District Balod Chhattisgarh.
5. Government Middle School, Mangchua, Through
The Headmaster Govt. Middle School,
Mangchua, Block Dondi Lohara, District Balod
Chhattisgarh.
2
WPS No. 312 of 2022 & Ors.
6. State Of Chhattisgarh Through The Secretary,
Department Of Finance, Mahanadi Bhawan
Mantralaya Naya Raipur, District Raipur
Chhattisgarh.
Respondents
WPS No. 315 of 2022
Devprasad Rana S/o Parasram Rana, Aged About 32 Years R/o Village Jhikatola, Gram Panchayat Kodekasa Block Dondi Lohara District Balod (C.G.).
Petitioner Versus
1. Union Of India Through Secretary Ministry Of Human Resources Development, Department Of School Education And Literacy, Mid Day Meal Division, Shastri Bhawan New Delhi.
2. State Of Chhattisgarh, Through The Secretary, Department Of Education Mahanadi Bhawan, Mantralaya, Naya Raipur, District Raipur C.G.
3. Directorate, School Education Through The Director School Education, Shiksha Parisar, Pension Bada, Raipur, District Raipur C.G.
4. Block Education Officer, Dondi Lohara, District Balod C.G.
5. Government Primary School Jhikatola Through The Headmaster Govt Primary School, 3 WPS No. 312 of 2022 & Ors.
Jhikatola, Block Dondi Lohara, District Balod C.G.
6. State Of Chhattisgarh Through The Secretary, Department Of Finance, Mahanadi Bhawan, Mantralaya Naya Raipur District Raipur C.G. Respondents WPS No. 316 of 2022 Ganesh Ram S/o Lakshman Singh Aged About 30 Years R/o Village Hitapathar Block Dondi Lohara District Balod (C.G.) Petitioner Versus
1. Union Of India Through Secretary Ministry Of Human Resources Development, Department Of School Education And Literacy, Mid Day Meal Division, Shastri Bhawan New Delhi.
2. State Of Chhattisgarh Through The Secretary, Department Of Education Mahanadi Bhawan, Mantralaya, Naya Raipur, District Raipur (C.G.).
3. Directorate School Education Through The Director School Education, Shiksha Parisar, Pension Bada, Raipur, District Raipur (C.G.).
4. Block Education Officer, Dondi Lohara, District Balod (C.G.) 4 WPS No. 312 of 2022 & Ors.
5. Government Middle School Hitapathar, Through The Headmaster Govt. Middle School, Hitapathar Block Dondi Lohara District Balod C.G.
6. State Of Chhattisgarh Through The Secretary, Department Of Finance, Mahanadi Bhawan, Mantralaya Naya Raipur District Raipur (C.G.).
Respondents WPS No. 317 of 2022 Kashiram Dhawade S/o Late Mangiparam Aged About 47 Years R/o Village Koretitola, Gram Panchayat Karregaon, Block Dondi Lohara, District Balod Chhattisgarh.
Petitioner Versus
1. Union Of India Through Secretary Ministry Of Human Resources Development, Department Of School Education And Literacy, Mid Day Meal Division, Shastri Bhawan New Delhi.
2. State Of Chhattisgarh, Through The Secretary, Department Of Education Mahanadi Bhawan, Mantralaya, Naya Raipur, District Raipur Chhattisgarh.
3. Directorate, School Education Through The Director School Education, Shiksha Parisar, Pension Bada, Raipur, District Raipur 5 WPS No. 312 of 2022 & Ors.
Chhattisgah.
4. Block Education Officer, Dondi Lohara, District Balod Chhattisgarh.
5. Government Primary School, Koretitola, Through The Headmaster Govt. Primary School, Koretitola, Block Dondi Lohara, District Balod Chhattisgarh.
6. State Of Chhattisgarh Through The Secretary, Department Of Finance, Mahanadi Bhawan, Mantralaya Naya Raipur District Raipur Chhattisgarh.
Respondents WPS No. 320 of 2022 Daya Ram S/o Moti, Aged About 38 Years R/o Village Jhikatola, Gram Panchayat Kodekasa, Block Dondi Lohara, District Balod Chhattisgarh.
Petitioner Versus
1. Union Of India Through Secretary Ministry Of Human Resources Development, Department Of School Education And Literacy, Mid Day Meal Division, Shastri Bhawan New Delhi.
2. State Of Chhattisgarh, Through The Secretary, Department Of Education Mahanadi Bhawan, Mantralaya, Naya Raipur, District Raipur Chhattisgarh.
6WPS No. 312 of 2022 & Ors.
3. Directorate, School Education Through The Director School Education, Shiksha Parisar, Pension Bada, Raipur, District Raipur Chhattisgarh.
4. Block Education Officer, Dondi Lohara, District Balod Chhattisgarh.
5. Government Primary School, Jhikatola, Through The Headmaster Government Primary School, Jhikatola, Block Dondi Lohara, District Balod Chhattisgarh.
6. State Of Chhattisgarh Through The Secretary, Department Of Finance, Mahanadi Bhawan, Mantralaya Naya Raipur District Raipur Chhattisgarh.
Respondents WPS No. 322 of 2022 Smt. Malti Bai W/o Aatma Ram Aged About 45 Years R/o Village Chilamgota, Post Rengadabri, Tehsil Dondi Lohara, District Durg (Now Balod).
Petitioner Versus
1. Union Of India Through Secretary Ministry Of Human Resources Development, Department Of School Education And Literacy, Mid Day Meal Division, Shastri Bhawan New Delhi.
2. State Of Chhattisgarh Through The Secretary, 7 WPS No. 312 of 2022 & Ors.
Department Of Education Mahanadi Bhawan, Mantralaya, Naya Raipur, District Raipur Chhattisgarh.
3. Directorate, School Education Through The Director School Education, Shiksha Parisar, Pension Bada, Raipur, District Raipur Chhattisgarh.
4. Block Education Officer Dondi Lohara, District Balod Chhattisgarh.
5. Government Primary School Chilamgota Through The Headmaster, Govt. Primary School, Chilamgota, Block Dondi Lohara, District Balod, Chhattisgarh.
6. State Of Chhattisgarh Through The Secretary, Department Of Finance, Mahanadi Bhawan, Mantralaya, Naya Raipur, District Raipur Chhattisgarh.
Respondents WPS No. 323 of 2022 Sahdev Ram S/o Late Gopal Singh, Aged About 50 Years R/o Village Tekapar, Gram Panchayat Kamkapar, P.S. And Tahsil Dondi Lohara, District Durg (Now Balod) Chhattisgarh.
Petitioner Versus
1. Union Of India Through Secretary Ministry Of Human Resources Development, Department Of 8 WPS No. 312 of 2022 & Ors.
School Education And Literacy, Mid Day Meal Division, Shastri Bhawan New Delhi.
2. State Of Chhattisgarh Through The Secretary, Department Of Education Mahanadi Bhawan, Mantralaya, Naya Raipur, District Raipur Chhattisgarh.
3. Directorate, School Education Through The Director School Education, Shiksha Parisar, Pension Bada, Raipur, District Raipur Chhattisgarh.
4. Block Education Officer, Dondi Lohara, District Balod Chhattisgarh.
5. Government Primary School, Tekapar, Through The Headmaster Govt. Primary School, Tekapar, Block Dondi Lohara, District Balod Chhattisgarh.
6. State Of Chhattisgarh Through The Secretary, Department Of Finance, Mahanadi Bhawan, Mantralaya, Naya Raipur, District Raipur Chhattisgarh.
Respondents WPS No. 324 of 2022 Ramesh Kumar Kumbhkar S/o Late Darbari Ram Aged About 36 Years R/o Village Kamkapar, Block Dondi Lohara, Balod (C.G.).
Petitioner 9 WPS No. 312 of 2022 & Ors.
Versus
1. Union Of India Through Secretary Ministry Of Human Resources Development, Department Of School Education And Literacy, Mid Day Meal Division, Shastri Bhawan New Delhi.
2. State Of Chhattisgarh Through The Secretary, Department Of Education Mahanadi Bhawan, Mantralaya, Naya Raipur District Raipur (C.G.).
3. Directorate, School Education Through The Director School Education, Shiksha Parisar, Pension Bada, Raipur, District Raipur (C.G.).
4. Block Education Officer, Dondi Lohara, District Balod (C.G.).
5. Government Primary School, Kamkapar, Through The Headmaster Govt. Primary School, Kamkapar, Block Dondi Lohara, District Balod (C.G.).
6. State Of Chhattisgarh Through The Secretary, Department Of Finance, Mahanadi Bhawan, Mantralaya Naya Raipur District Raipur (C.G.).
Respondents WPS No. 327 of 2022 Ashok Kumar S/o Shyam Lal Aged About 30 Years Village Tekapar, Post Kamkapar, Block 10 WPS No. 312 of 2022 & Ors.
Dondi Lohara, District Balod, C.G. Petitioner Versus
1. Union Of India Through Secretary Ministry Of Human Resources Development, Department Of School Education And Literacy, Mid Day Meal Division, Shastri Bhawan New Delhi.
2. State Of Chhattisgarh Through The Secretary, Department Of Education, Mahanadi Bhawan, Mantralaya, Naya Raipur, District Raipur (Chhattisgarh).
3. Directorate, School Education Through The Director School Education, Shiksha Parisar, Pension Bada, Raipur, District Raipur (Chhattisgarh).
4. Block Education Officer, Dondi Lohara, District Balod (Chhattisgarh).
5. Government Primary School, Tekapar, Through The Headmaster Govt. Primary School, Tekapar Saral Centre Kamkapar, Block Dondi Lohara, District Balod (Chhattisgarh).
6. State Of Chhattisgarh Through The Secretary, Department Of Finance, Mahanadi Bhawan, Mantralaya, Naya Raipur, District Raipur (Chhattisgarh).
Respondents 11 WPS No. 312 of 2022 & Ors.
For Petitioners : Mr. B.P. Singh, Advocate. For UOI : Mr. Tushar Diwan, Ms. Anmol Sharma, Mr. Manoj Mishra, Mr. Roop Naik, Mr. Palash Tiwari, Mr. Sumit Singh, Advocates. For State : Mr. Jitendra Pali, Dy. A.G. & Ms. Sunita Jain, G.A. Hon'ble Shri Justice Sanjay K. Agrawal Order On Board (Through Video Conferencing) 19/01/2022
1. Since common question of law and fact is involved in these writ petitions, they were clubbed together and heard together and are being disposed off by this common order.
2. Learned counsel for the petitioners would submit that the petitioners are working on the post of Cook under the scheme of mid day meal under Block Dondi Lohara in the School, respondent No.5, and they are being paid only Rs.1200/ per month i.e. Rs.40/ per day, whereas, according to the schedule Annexure P/2, minimum wages prescribed by the Chhattisgarh Minimum Wage, they are entitled for Rs.306.67/ per day. He would rely upon the judgment of the Supreme Court 12 WPS No. 312 of 2022 & Ors.
in the matter of State of Punjab & Ors. vs. Jagjit Singh & Ors., decided on 26th October, 2016 in which the Supreme Court has held that the principle of equal pay for equal work will also applicable to all the temporary employees and has been held as under: "54. There is no room for any doubt, that the principle of 'equal pay for equal work' has emerged from an interpretation of different provisions of the Constitution. The principle has been expounded through a large number of judgments rendered by this Court, and constitutes law declared by this Court. The same is binding on all the courts in India, under Article 141 of the Constitution of India. The parameters of the principle, have been summarized by us in paragraph 42 hereinabove. The principle of 'equal pay for equal work' has also been extended to temporary employees (differently described as work charge, dailywage, casual adhoc, contractual, and the like). The legal position, relating to temporary employees, has been summarized by us, in paragraph 44 hereinabove. The above legal position which has been repeatedly 13 WPS No. 312 of 2022 & Ors.
declared, is being reiterated by us, yet again".
3. In view of the above, respondent No.2 is directed to consider the representations of the petitioners in the light of aforesaid judgment of the Supreme Court within 30 days from the date of receipt of certified copy of this order and to pass a reasoned order in accordance with law on its own merit. The petitioners are at liberty to make an additional representation, if any.
4. With the aforesaid direction, the writ petitions stand finally disposed off. No order as to cost(s).
Sd/ (Sanjay K. Agrawal) Judge Ankit