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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
HEMANT M. PRACHCHHAK, J.
Ashokkumar Chimanlal Tapodhan – Petitioner
Versus
District Social Welfare Officer & Ors. – Respondents
R/Special Civil Application No. 9415 of 2008
Decided On : 24-04-2024
Articles 14, 16, 21, 23, 226 - Petition challenging inaction of respondent authorities - Summary of Acts and Sections: The court discussed the benefits contained in Finance Department Circular dated 16.07.2019 and the entitlement of the petitioner to the benefits under various categories as per the Circular. The court also referred to the decision of the coordinate bench and the division bench of the court in Special Civil Application No. 6852 of 2020 and Letters Patent Appeal No.724 of 2023 and allied matters. The court highlighted the principles of 'equal pay for equal work' and the applicability of the Circular to part-time employees working for less than four hours. The court emphasized the need for fair wages and equal remuneration for work of equal value without any distinction.
Fact of the Case:
The petitioner, appointed as a peon, sought benefits contained in a Finance Department Circular dated 16.07.2019 from 1.1.2019 and regularization of services. The petitioner had worked continuously for more than 8 years and resolutions were passed for regularization, but no action was taken. The petitioner filed the present petition for extending the benefits and regularization.
Finding of the Court:
The court found that the issue involved in the present petition had already been decided in a previous case, where the benefits were extended to the concerned petitioners. The court directed the respondent authorities to pay all consequential benefits to the petitioner from 1.1.2019 as per the Circular and allowed the petition. The court also directed the respondent No.2 to take appropriate decision for regularization of the petitioner's service in accordance with law.
Issues: The issues involved in the present petition included the entitlement of the petitioner to the benefits contained in the Finance Department Circular dated 16.07.2019 and the regularization of the petitioner's services.
Ratio Decidendi: The court's decision was based on the previous judgment where the benefits were extended to the concerned petitioners. The court also emphasized the principles of 'equal pay for equal work' and the applicability of the Circular to part-time employees working for less than four hours.
Final Decision: The present petition was allowed, and the respondent authorities were directed to pay all consequential benefits to the petitioner from 1.1.2019 as per the Circular. The court also directed respondent No.2 to take appropriate decision for regularization of the petitioner's service in accordance with law.
JUDGMENT :
1. The petitioner has preferred present petition under Articles 14, 16, 21, 23 and 226 of the Constitution of India challenging the inaction on the part of respondent authorities with below mentioned relief/s:-
(AA). Your Lordships may be pleased to issue a writ of certiorari or any other appropriate writ, order or direction declaring the inaction on the part of the respondent authorities in extending the benefit contained in the Finance Department circular dated 16.07.2019 ordering payment of minimum of the pay scale of the post to the petitioner with effect from 01.01.2019 as discriminatory and arbitrary and thus violative of Articles 14, 16 and 21 of the Constitution of India;
(AB). Your Lordships may be pleased to issue a writ of mandamus or any other appropriate writ, order or direction commanding the respondent authorities to extend the benefits contained in Finance Department Circular dated 16.07.2019 to the petitioner with effect from 01.01.2019;"
AB 1. Your Lordships may be pleased to issue a writ of certiorari or any other appropriate writ, order or direction, to quash and set aside the communication dated 30.05.2023 (Annexure- T(Colly.) issued by respondent no.4;
(B) This Honorable Court may be pleased to issue appropriate writ, order or direction to regularize services of the present petitioner as peon in Social Welfare Branch of Ahmedabad District Panchayat.
(C) The Resolution dated 27.8.2002 passed by the Executive Committee of Ahmedabad District Panchayat bearing Resolution No.256 and Resolution dated 21.10.2003 passed by the Ahmedabad District Panchayat Executive Committee bearing Resolution No. 19 be implemented and appropriate writ, order or direction be passed to the same effect.
(D) This Honourable Court may be pleased to issue appropriate writ, order or direction in allowing the petitioner to work at the post where the petitioner is presently working.
(DA). Pending final hearing of the petition, Your Lordships may be pleased to direct the respondent authorities to pay the petitioner the minimum of the pay scale of the post against which he is appointed as a parttimer with effect from 01.01.2019;
(E) During the pendency and/or final disposal of the petition present petitioner may be allowed to continue at the post where presently the petitioner is working and appropriate writ, order or direction may pleased be issued to the same effect.
(F) To award cost of this petition.
(G) This Honourable Court be pleased to grant any other and further reliefs as may be deemed fit in the facts and circumstances of the case."
2. The short facts giving rise to present petition are that the petitioner was appointed on 10.6.1991 as peon by the District Social Welfare Officer, District Panchayat, Ahmedabad. Thereafter, the present petitioner has worked regularly without any brake and as the present petitioner has worked continuously for more than 8 years, the Ahmedabad District Panchayat in its Executive Committee meeting has passed one Resolution bearing No. 256 on 27.8.2002, that as per the Government Circular dated 26.12.1980 the petitioner's services require to be regularized.
2.1 Thereafter, various communications have taken place between petitioner and the department and lastly the present petitioner on 2.5.2008 has received communication that the proposal was sent to regularize the services of the present petitioner on 6.4.2005. However, no action has been taken and ultimately order dated 30.5.2023 came to be passed by the respondent authorities and therefore, the petitioner has preferred present petition for extending benefits contained in Finance Department Circular dated 16.7.2019 from 1.1.2019.
3. Heard Mr. Shalin Mehta, learned Senior Counsel assisted by Mr. Aditi Raol, learned Counsel for the petitioner, Ms. R.V. Acharya, learned Counsel for the respondent No.2 and Ms. Dharitri Pancholi, learned Government Pleader for the
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.
An employee engaged in same work cannot be paid less than another who performs the same duties and responsibilities such an action is demeaning, strikes at the very foundation of human dignity.
The principle of 'equal pay for equal work' entitles temporary employees performing similar duties to receive at least the minimum pay of regular employees.
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)
Part-time employees are entitled to minimum pay but not to increments or allowances equal to regular staff due to lack of compliance with formal employment rules.
The main legal point established in the judgment is the entitlement of temporary employees to wages at the minimum of the pay-scale extended to regular employees holding the same post, based on the p....
Merely because, there is Government Resolution to consider the person who has continuously served for three years being considered for the permanent appointment as Class IV servant, it does not ipso ....
The main legal point established in the judgment is that temporary employees are entitled to the minimum of the pay scale attached to the post without any increments or allowances, based on the princ....
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