The principle of equal pay for equal work is applicable if the work component is the same, and workers doing the same work cannot be paid less than others similarly situated.

JUDGMENT :

KAKHETO SEMA, J.

The present appeal has been preferred by the State appellant against the order dtd. 14/6/2022 passed by the learned Single Judge directing the State to pay to the respondent/petitioner the minimum scale of pay of sweeper along with arrears from the date of filing of the writ petition within 4(four) months from the date of receipt of the certified copy of the order.

2. The facts of the case in brief is narrated as follows;

(i) That by an order bearing No. NL/ESTT/10/ADMN/2008 dt. 8/8/2012, the writ petitioner was appointed as a sweeper on contingency basis in the Office of the Extra Assistant Commissioner, Aghunaqa under the establishment of the Addl. Deputy Commissioner, Nuiland, Nagaland, on a fixed pay of Rs.3000.00 P.M. which has been enhanced to Rs.3450.00 P.M.

(ii) The writ petitioner, it is contended, discharges the same work and duties as those sweepers appointed on regular basis. The category of post held by the writ petitioner and the regularly appointed sweeper is also the same. The writ petitioner is however paid only a fixed pay of Rs.3450.00 P.M whereas the sweeper appointed on regular basis are granted salary in accordance with the revision of pay adopted by the State Government from time to time.

(iii) That the writ petitioner submitted the representation dtd. 7/12/2018 to the Addl. Deputy Commissioner, Nuiland, who in turn by the letter dtd. 7/12/2018 forwarded the representation submitted by the petitioner to the Deputy Commissioner, Dimapur, Nagaland stating that the petitioner has been rendering her service with sincerity and dedication. However, till date the State respondents has not taken any favourable action to pay the scale of pay to the petitioner as paid to the similarly circumstanced regular sweeper.

(iv) The State respondents contested the claim of the writ petitioner contending that the petitioner was appointed as sweeper on contingency basis which was temporary in nature and liable to be terminated without notice and therefore, the petitioner was not entitled to claim scale pay at par with the regular employees of the State Government.

(v) The State respondents had also relied in the Office Memorandum dtd. 17/7/2013, issued by the Government of Nagaland, Office of the Commissioner, Nagaland which reads as follows;

"Government of Nagaland

Office of the Commissioner: Nagaland : Kohima

Office Memorandum

Dated Kohima, the th July, 2013

Sub: Matter relating to appointment made on the basis of casual/contingency/admissible pay and regularization thereof.

No. CNE-1/8/2013/DMR:: It has come to the attention of the undersigned that a number of proposals are being received from the districts in respect of employees who have been appointed either on casual or contingency basis, for releasing them "scale of pay" or for regularization of service;

2. It is hereby clarified that there is no difference between "casual" and "contingency" appointments and they are made without sanctioned posts. All such appointments are therefore on FIXED PAY. No application should therefore be submitted for release of "scale of pay" in respect of any employee in this category.

3. Regularization of service through the District Level Recruitment Board (DLRB) is admissible, provide that there is a sanctioned post/vacancy and the employee has the prescribed qualification. Applications for regularization of service outside this shall not be entertained by this office and may therefore not be submitted/forwarded.

Kindly acknowledge receipt of this memorandum.

Sd/- Banuo Z Jamir

Addl. Chief Secretary and Commissioner, Nagaland."

(vi) Further, the State respondents has also relied on the Office Memorandum dt. 24/7/2017 which also reads as follows;

"Government of Nagaland

Office of the Commissioner: Nagaland : Kohima

Office Memorandum

Dated Kohima, the 24/7/2017

Sub : Matter relating to appointment made on the basis of casual/contingency/admissible pay and regularization thereof.

No. CNE-1/GEN/2017 : In continuation to the Office O.M N