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1 - 10 of 14 (0.25 seconds)Article 21 in Constitution of India [Constitution]
Article 311 in Constitution of India [Constitution]
Rajasthan Co-operative Societies Act, 2001
The Right of Children to Free and Compulsory Education Act, 2009
Commissioner Of Central Excise,Bolpur vs M/S.Ratan Melting & Wire Industries on 14 October, 2008
Parshotam Lal Dhingra vs Union Of India on 1 November, 1957
44. At the Bar arguments were made on the doctrine of equal
pay for equal work, pay parity, regularization of services with
reference to various categories of employees, various
organizations and precedent is cited. For instance, in
Parshotam Lal Dhingra V. Union of India 12, the prime
question that fell for consideration before their Lordships was
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UDPR,J & Dr. VRKS, J
W.A.No.845 of 2022 & batch
whether the protections of Article 311 are available to each of
the several categories of Government servants or not.
Daily Rated Casual Labour ... vs Union Of India & Others on 27 October, 1987
Daily R C
Labour, P And T Deptt V. Union of India13was a case where
the issue was about daily paid casual labourers as against
regular workers and the payment of minimum pay in the pay
scale of regular workers along with Dearness Allowance (DA)
and the scheme introduced for absorption of certain categories
of casual labourers. All such aspects fell for consideration
where equal pay for equal work was one aspect that was
debated and decided.
Sushil Kumar Yadav vs State Of Bihar & Ors on 24 July, 2008
46. Learned standing counsel for Sarva Shiksha places strong
reliance on Division Bench Judgment of the High Court of
Jharkhand at Ranchi in Sunil Kumar Yadav V. State of
12
AIR 1958 SC 36
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W.A.No.845 of 2022 & batch
Jharkhand14. That is also a case concerning Para teachers on
contract employment in Samagra Shiksha Abhiyan. The writ
petitioners sought for regularization of their services or sought
for pay scales on par with regular school assistant teachers. The
Division Bench refused to grant either of those reliefs. In the
case at hand before us, the above two questions are strangers
and therefore to that extent the ruling does not require any
exploration. However, there is one another point that fell for
consideration before the Division Bench of the Jharkhand High
Court where the question raised was whether as a last
alternative relief, those para teachers were entitled to get
Minimum of Time Scale. In conclusion, the Jharkhand High
Court declined to grant it. Before any assistance can be taken
from this ruling one has to notice the legal framework available
for Jharkhand which is enumerated at Para no.32 of the said
ruling. There in that State, Jharkhand Primary School
Teacher Appointment Rules, 2012 were passed wherein 50%
of the vacant and sanctioned posts of teachers in the regular
establishment of state Government have been reserved for para
teachers on satisfying certain conditions. One should also notice
at Para No.93, it is stated that the para teachers were taken on
13
1987 Lawsuit (SC) 768
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W.A.No.845 of 2022 & batch
contract on payment of Honorarium only. In the case at hand
before us, the standard form of contract for the year 2013 as
well as standard form of contract of the year 2022 used the
word "Remuneration" and not "Honorarium" (in the counters
filed, it is stated that writ petitioners are paid only Honorarium
but the same shall be held incorrect since the standard form of
contracts that are provided in the material papers, the word
used is Remuneration and not Honorarium). That is another
distinguishing feature. What influenced the reasoning of the
Hon'ble Jharkhand High Court consists of the above referred
points as well as what is mentioned in the Para Nos.86 and 87
to the effect that the writ petitioners were not on a specific
prayer but they were praying for one or other reliefs. It is in
such circumstances, the Jharkhand High Court declined to
grant Minimum of Time Scale. This ruling does not help since
the legal framework and facts presented in that writ petition are
significantly different from the governing G.Os and facts
available on record here. Here, the case is not about pay parity
of these writ petitioners as against any other similarly placed
employees. The question that fell for consideration before us is
only as to whether the Government orders that pronounced
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2022 SCC Online Jhar 1586
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W.A.No.845 of 2022 & batch
extension of revised pay scales 2022 to contractual employees in
KGBV was withheld rightly or wrongly. As we have observed in
the earlier paragraphs of this judgment that withholding of that
benefit to them is incorrect. Therefore, the mandamus prayed
must be granted. Hence, this point is answered accordingly.