Point of Law: 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 inform all institutions of the national life - In particular, the State shall strive to minimise the inequalities in income and endeavour to eliminate inequalities in status, facilities and opportunities. Art. 39 enjoins a duty to see that there is equal pay for equal work for both men and women and this directive should be understood.

JUDGMENT :

R.M.CHHAYA, J.

1. All these appeals involve identical questions of law and hence, are heard together and are disposed of by this common order.

2. Feeling aggrieved and dissatisfied by the common order rendered by the learned Single Judge in Special Civil Applications no.5160/15, 5161/15, 5162/15 and 5163/15 dated 8.10.2020, the appellants – original petitioners have preferred these appeals.

3. It is the case of the appellant in Letters Patent Appeal no.842 of 2020 arising out of Special Civil Application no.5162 of 2015 that the respondent no.6 – Vikas Mandal gave a public advertisement for filling up vacant post of Assistant Cook on 18.2.2009 after obtaining due permission and called for the applications. It is further the case of the appellant that the appellant appeared before the Selection Committee and was selected to the post of Assistant Cook after following due process of oral interview. It is the case of the appellant that the appellant came to be appointed to the post of Assistant Cook on 9.6.2009 and since then, the appellant has been in continuous service. Initial appointment of the appellant was for 11 months and the same has been continued. The appellant, relying upon the Government Resolution dated 16.2.2006, contended that the appellant would be entitled to regular pay scale. It was the case of the appellant that a proposal has already been moved by respondent no.6, however, no reply was filed. The appellant has relied upon the judgment of this Court in Letters Patent Appeal no.1315 of 2006 dated 5.12.2012 and contended before the learned Single Judge that as per Government Resolution dated 16.2.2006, the appellant would be entitled to regular pay scale and on such factual matrix and contentions, the appellant filed a Writ Petition under Article 226 of the Constitution of India and interalia, prayed as under:-

“(B) Be pleased to issue a writ of mandamus or a writ of certiorari or any appropriate writ, order or direction to the present resp. no.1 to 5 and directing them to put the petitioner in Regular Pay-Scale as per order passed at Ann. G in case similar situated employee As Well As G.R. dated 16.2.2006 at Ann. A regarding regular pay-scale, with all consequent benefits and increments from time to time, in the interest of justice;

(C) ... ... ...”

4. It is the case of the appellant in Letters Patent Appeal no.843 of 2020 arising out of Special Civil Application no.5163 of 2015 that the respondent no.6 – Vikas Mandal gave a public advertisement for filling up vacant post of Chief Cook on 18.2.2009 after obtaining due permission and called for the applications. It is further the case of the appellant that the appellant appeared before the Selection Committee and was selected to the post of Chief Cook after following due process of oral interview. It is the case of the appellant that the appellant came to be appointed to the post of Chief Cook on 9.6.2009 and since then, the appellant has been in continuous service. Initial appointment of the appellant was for 11 months and the same has been continued. The appellant, relying upon the Government Resolution dated 16.2.2006, contended that the appellant would be entitled to regular pay scale. It was the case of the appellant that a proposal has already been moved by respondent no.6, however, no reply was filed. The appellant has relied upon the judgment of this Court in Letters Patent Appeal no.1315 of 2006 dated 5.12.2012 and contended before the learned Single Judge that as per Government Resolution dated 16.2.2006, the appellant would be entitled to regular pay scale and on such factual matrix and contentions, the appellant filed a Writ Petition under Article 226 of the Constitution of India and interalia, prayed as under:-

“(B) Be pleased to issue a writ of mandamus or a writ of certiorari or any appropriate writ, order or direction to the present resp. no.1 to 5 and directing them to put the petitioner in Regular Pay-Scale as per order passed at Ann. G i