Point of Law: In determining equality of functions and responsibilities, under principle of ‘equal pay for equal work’, it is necessary to keep in mind, that duties of two posts should be of equal sensitivity, and also, qualitatively similar.

JUDGMENT :

ROBIN PHUKAN, J.

1. In this petition, under article 226 of the Constitution of India, the petitioner, Smti Bina Devi seeking following reliefs:

(A) for issuing direction to the respondent authorities, more particularly the respondent Nos. 1 and 2 to regularize her in a regular vacancy of LDC, under the establishment of respondent authorities.

(B) to direct the respondent authorities to enhance her salary with the minimum regular pay scale of LDC, along with dearness allowance as revised from time to time.

2. The background facts leading to filing of the present petition is adumbrated herein-below:

“In the year 1990, the petitioner was appointed as a skill contingent paid staff by the then District Food & Civil Supply Officer, (DFCS), Lower Subansiri, Dist - Ziro, Arunachal Pradesh against the vacant post under his establishment @ Rs.750/- only (fixed) per month, vide memo No. SUP-18/90 dated 10th October, 1990. Since the date of her appointment, she was entrusted the duty of LDC in the office of the respondent No. 4, i.e., the District Food and Civil Supply Officer, Lower Subansiri, District - Ziro, Arunachal Pradesh and since then she has been serving in the department for 32 years without any break. The respondent authorities, since then, neither given the benefit of minimum scale of pay and allowance to the petitioner nor her service has been regularized till date. Thereafter, on 02.11.2001, she has filed one representation to the respondent authorities for being appointed her in regular LDC post. But, the same failed to yield any result. Then being aggrieved, the petitioner approached this court by filing a WP (C) No. 277(AP)/2002, for regularization of her service. The said writ petition was disposed of by this court with a direction to the Director of Civil Supplies, Arunachal Pradesh, Naharlagun to consider her case in the light of discussion of the case and existing circulars as expeditiously as possible within a period of 3 months from the date of receipt of the copy of the order. The respondent authorities thereafter, challenged the order of the learned Single Judge by filing a writ appeal before this court, being W.A. No. 06(AP)/2007. In the said appeal a Division Bench of this court has interfered with the judgment and order dated 31.05.2005, passed by the learned Single Judge in the WP (C) No. 277(AP)/2002. However, it was clarified that the disposal of the writ appeal shall not be a bar to the concerned authorities to consider and regularise service of the petitioner in the post of LDC, in accordance with the relevant rule. Thereafter, vide Memo No. DFCS/ESTT/ECM-369/08 dated 13.11.2014, the petitioner was transferred from DFCS Office, Ziro to the office of the Deputy Resident Commissioner (DRC), Tezpur. And since then she has been discharging her duty in the office of the DRC, Government of Arunachal Pradesh, Tezpur and there also she has been discharging her duty, which an LDC used to discharge, diligently and sincerely and in view of the period of service rendered by her she is entitled to regularization of her service. Thereafter, she has preferred one representation on 03.11.2022, through proper channel addressing the Secretary, General Administration Department, Government of Arunachal Pradesh for redressing her grievances and the same is still pending before the concerned authorities. And thus the conduct of the respondent authorities is violative of Article 14, 16 and 21 of the Constitution of India. Therefore, she approached this court again by filing the present writ petition seeking the reliefs mentioned hereinabove.

3. The respondent authorities have filed their affidavit-in-opposition denying the averments made in the petition. It is stated that as per Recruitment Rule of LDC, LDC cum Computer Operator, Date Entry Operator of 2019, 15% post shall be filled up from amongst skill contingency staff with minimum 12 (twelve) years of continuous service as skilled contingency in the department/office a