Ajay Sharma vs The State Of Mp on 6 August, 2020
48. It was then contended that the rights of the employees thus
appointed, under Articles 14 and 16 of the Constitution, are
THE HIGH COURT OF MADHYA PRADESH
W.P. No. 14528/2019
Ajay Sharma vs. State of MP
violated. It is stated that the State has treated the employees
unfairly by employing them on less than minimum wages and
extracting work from them for a pretty long period in comparison
with those directly recruited who are getting more wages or
salaries for doing similar work. The employees before us were
engaged on daily wages in the department concerned on a wage
that was made known to them. There is no case that the wage
agreed upon was not being paid. Those who are working on daily
wages formed a class by themselves, they cannot claim that they
are discriminated as against those who have been regularly
recruited on the basis of the relevant rules. No right can be
founded on an employment on daily wages to claim that such
employee should be treated on a par with a regularly recruited
candidate, and made permanent in employment, even assuming
that the principle could be invoked for claiming equal wages for
equal work. There is no fundamental right in those who have
been employed on daily wages or temporarily or on contractual
basis, to claim that they have a right to be absorbed in service. As
has been held by this Court, they cannot be said to be holders of a
post, since, a regular appointment could be made only by making
appointments consistent with the requirements of Articles 14 and
16 of the Constitution. The right to be treated equally with the
other employees employed on daily wages, cannot be extended to
a claim for equal treatment with those who were regularly
employed. That would be treating unequals as equals. It cannot
also be relied on to claim a right to be absorbed in service even
though they have never been selected in terms of the relevant
recruitment rules. The arguments based on Articles 14 and 16 of
the Constitution are therefore overruled.