The main legal point established in the judgment is that the principle of equal pay for equal work applies to temporary employees and extends to various categories of temporary employees, as established by the Hon’ble Apex Court.

JUDGMENT :

1. Heard Mr. Moa Jamir, learned counsel for the petitioner. Also heard Mr. E. Thiba Phom, learned Senior Government Advocate, Nagaland.

2. This writ petition under Article 226 of the Constitution of India has been filed by the petitioner, namely, Shri Hevishe Sema, being aggrieved by the Letter No. CNJ/MISC/2021/141 dated 06.05.2022 issued by the Respondent No. 3 of the instant writ petition to the present petitioner whereby the petitioner's prayer for grant of Scale of Pay in terms of latest Revision of Pay i.e. ROP 2017 was rejected. The petitioner has prayed for quashing and setting aside the impugned Letter No. CNJ/MISC/2021/141 dated 06.05.2022 and directing the respondents to pay to him the minimum pay scale in terms of latest Revision of Pay adopted from time to time along with accumulated arrears.

3. The facts relevant for consideration of the instant writ petition, in brief, are as follows:-

(i) That the petitioner was appointed temporarily to the post of Sweeper by Office Order No. EST-3/2003-04/366-72 dated 05.07.2003, issued by the Additional Deputy Commissioner, Kiphire in the Scale of Pay of Rs. 800-18-890-20-1050-25-1475 per month plus all other allowances as are admissible under rule from time to time w.e.f. 01.07.2003.

(ii) Initially, the petitioner was appointed to work in the residence of Additional Deputy Commissioner, Kiphire. Thereafter, by Office Order No. EST-3/03-04/2006-52 dated 21.01.2004, the petitioner was transferred and posted in the Office of Extra Assistant Commissioner, Sitimi w.e.f. 10.02.2004, wherein the petitioner has been serving for 16 years in the same capacity.

(iii) The petitioner submitted an application to the Deputy Commissioner, Kiphire for regularization of his service, however, it was not acted upon.

(iv) The petitioner is a Sweeper appointed on temporary/contingency basis and has been paid an amount of Rs.5,280/-only as per ROP 1993. However, the State respondents have revised the pay from time to time and since 1993 the State respondents have adopted the ROP 1999, 2003, 2010 and 2017 and the regular Grade-IV employees including the sweeper at directorate and district level are granted pay scale as per ROP 2017. However, the petitioner claims that as he is discharging duties and responsibilities as a sweeper similar to the duties and responsibilities performed by the sweepers who were appointed on regular basis and, hence, it is submitted that he deserved to be treated similarly with those sweepers who are employed on regular basis. It is also stated in the writ petition by the petitioner that the sweepers who are appointed on regular basis are getting scale of pay in terms of ROP 2017 under the establishment of Additional Deputy Commissioner, Seyochung, Kiphire.

(v) The petitioner being aggrieved by denial of equal pay to him similar to those sweepers who are placed similarly and who performed similar works like the petitioner, he submitted a representation to the respondent No. 4 on 28.10.2021 for granting of scale of pay as per latest ROP, however, the respondent kept the said representation in the cold storage. That, being aggrieved, by the non-consideration of the representation filed by the present petitioner, he approached this Court by filing writ petition which was registered as WP(C) No. 354/2021 and the said writ petition was disposed of by order dated 21.01.2022 whereby the respondents were directed to consider the representation filed by the present petitioner in the light of the principle of law settled by the Hon’ble Apex Court in “State of Punjab and Others–Vs-Jagjit Singh and Others” reported in “(2017) 1 SCC 142” within a period of three months from the date of receipt of the said order.

(vi) When the respondent failed to comply with the order dated 21.01.2021 passed in WP(C) No. 354/2021, the present petitioner was compelled to file a contempt petition which was registered as COP(C) No. 14/2022 before this Court and during the pendency of the said contempt