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2003 Supreme(SC) 608

ARIJIT PASAYAT, DORAISWAMY RAJU
State Of Haryana – Appellant
Versus
Tilak Raj – Respondent


JUDGMENT

Arijit Pasayat, J.-Leave granted.

2. The State of Haryana is in appeal against the judgment rendered by a Division Bench of the Punjab and Haryana High Court, whereby the respondents herein were directed to be paid the minimum pay in the scale of pay applicable to the regular employees.

3. Factual position so far as relevant for determination of the controversy needs to be noted in brief.

The thirty five respondents were appointed at different points of time as helpers on daily wages in the Haryana Roadways. They filed writ petition claiming that they were entitled to regularization in view of service rendered for long period and/or that they were to be paid the same salary as paid to regular employees since the nature of work done by them was similar. In other words for the second relief claimed principle of "equal pay for equal work" was pressed into service. They asserted to be educationally qualified for the post. The appellants disputed the claim of the respondents that they were educationally qualified for appointment to the post of helper and also took the stand that the principle of "equal pay for equal work" was factually and legally not applicable to their case. The















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