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VIKRAM NATH, PRASANNA B. VARALE
Rakesh Kumar Charmakar – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
VIKRAM NATH, J.
1. Leave granted.
2. These appeals assail the judgement passed by Division Bench of Madhya Pradesh High Court on 02.12.2019 in Writ Appeal No.1486/19 whereby it allowed the appeal filed by Respondent (State of Madhya Pradesh) and held that Appellants are not eligible to get regular pay scale as per circular dated 10.05.1984. Further, the Division Bench distinguished their case from that of Ram Naresh Prajapati & Ors vs State of M.P., Writ Appeal No.197 of 2016 and denied extending the benefit of regular pay-scale to Appellants on the ground of similar facts. The appeal also assails the order passed by Division Bench on 10.12.2021 in Review Petition No. 90/2020 whereby it dismissed the review filed by the appellants.
3. The brief facts leading to present appeal are summarised as follows:
3.1 On 11.06.1980, in exercise of powers under proviso of Article 309 of the Constitution of India, the Respondent State framed the rules titled “M.P. Veterinary Department Contingency Paid Employees Recruitment & Conditions of Service Rules, 1979” (“1979 Rules”). The M.P. General Administration department issued a circular dated 10.05.1984 (No.192/601/1/S.R.D./84) in reference t
Article 38(1) enjoins the State to strive to promote welfare of the people by securing and protecting as effective as it may a social order in which justice - social, economic and political shall inf....
Point of Law : Principle of “equal pay for equal work” has also been extended to temporary employees (differently described as work-charge, daily wage, casual, ad hoc, contractual, and the like)
The main legal point established in the judgment is the principle of 'equal pay for equal work' and the applicability of the Circular to part-time employees working for less than four hours.
Point of law: Doctrine of equal pay for equal work, as adumbrated under Article 39(d) of the Constitution of India read with Article 14 thereof, cannot be applied in a vacuum. The constitutional sche....
The main legal point established in the judgment is that the respondent authorities must comply with the relevant circulars issued by the State Government in granting regular pay scale to employees a....
The court upheld that fixed pay contingency employees do not qualify for regularization under work-charged employee policies, emphasizing the need for adherence to established criteria.
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