Judgement

THAKKAR, J. :- The alleged violation of "equal pay for equal work" doctrine is the principal grievance of the petitioners.

2. The petitioners 102*1 in number holding the degrees of B.A., B.Ed. and M.A., B.Ed. were appointed as Supervisors by a competent selection committee constituted by the Education Department of Haryana from time to time since October 2, 1978.

* 1. Originally there were 91 petitioners. Subsequently 11 more were added as per the order of the Court dated September 18, 1986 in Civil Misc. Petition Nos. 23014 and 25722 of 1986.

3. They have instituted the present petition under Art. 32 of the Constitution seeking appropriate reliefs in the context of two grievances, one that the petitioners are given a deliberate break of one day after the lapse of every six months and have thus been treated as temporary Government servants notwithstanding the fact that they have been continuously working ever since the dates of their respective appointment subject to the aforesaid break of one day at intervals of six months instead of absorbing them as regular employees in regular pay scales. And secondly, though the petitioners performed their duties as Supervisors in the Education Department and do the same work as is being done by their counterparts. respondents 2 to 6 who are discharging similar duties as Supervisors in the Education Department who are absorbed as regular government servants they are paid less. The relief claimed by the petitioners is in the following terms :-

(1) To declare by appropriate writ that the petitioners continue to be in the service of the respondents from the date of appointment irrespective of their being a deliberate break in service after every six months by the respondents in violation of Arts. 14 and 16 of the Constitution of India;

(2) to declare by appropriate writ or direction that the petitioners are in continuous service since their respective date of appointments since the National Adult Education Programme was introduced and further issue a writ in the nature of mandamus to the respondent that the petitioners are entitled to the benefit of notification dated 15-9-1982 issued by respondent State of Haryana and accordingly the petitioners be put on similar pay scales and service conditions as that of Masters (B.A., B.Ed.) in the State of Haryana; and,

(3) to issue a writ in the nature of mandamus or any appropriate writ, order or direction to respondents 2 and 4 to put the petitioners on regular pay scales along with other consequential benefits of a permanent employee from the date of initial appointment.

4. Before dealing with the grievances made by the petitioners, it would be appropriate to portray the factual background. The Education Department of State of Haryana has constituted an Adult Education Scheme under the overall control of Joint Director, Adult and Non-formal Education Department. respondent 3 herein in the context of the National Adult Education Scheme sponsored by the Government of India (Sic) the birth anniversary of Mahatma Gandhi in 1978 (October 2, 1978). The aim of adult education under this scheme is to provide functional literacy to the illiterates in the age group of 15-35. The State Government has also framed another Scheme for the non-formal education under the overall control of the same official. The objective of this scheme is to impart learning by special contact courses to the students in the age group of 6-15, who are dropouts from schools. The petitioners are appointed as Supervisors. There are hundreds of such Adult Education Centres and Non-formal Education Centres. One supervisor is provided for a group of 30 centres. Thus each of the petitioners is in charge of 30 centres under one scheme or the other. He is paid remuneration at the rate of Rs. 500/- p.m. as fixed salary. Each one of them was, prior to March. 1984, also paid a sum of Rs. 60/- as fixed travelling allowance which allowance has been increased to Rs. 150/- per month from March 7