The principle of 'equal pay for equal work' applies to temporary employees, and denying equal pay for the same work is discriminatory and violative of fundamental rights.

JUDGMENT :

Mridul Kumar Kalita, J.

1. Heard Ms. S. Longkumer, learned counsel for the petitioner. Also heard Mr. Moa Imchen, learned Senior Government Advocate appearing for the State of Nagaland.

2. This writ petition under Article 226 of the Constitution of India has been filed by the petitioner, namely, Shri K Asura, praying for grant of minimum scale of pay to him.

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

(i) The petitioner was appointed as a worked charged employee on fixed pay of Rs. 300/- per month, on 02.09.1990, under the Establishment of the Executive Engineer, PWD (Housing) Tuensang Division, Nagaland. The pay of the petitioner was enhanced from time to time and presently, the petitioner is receiving a monthly fixed pay of Rs. 5250/- only.

(ii) The petitioner having been rendered his services continuously for more than thirty two (32) years had filed a representation to the respondent no.3 praying for grant of scale of pay to him against the retirement vacancy of Shri P. Longkhang Jugali, who retired on 29.02.2020. The said representation was forwarded to the Engineer-In-Chief by one Shri T. Yangseo Sangtam, Member of Nagaland Legislative Assembly, Nagaland, Kohima, requesting to consider the grant of scale of pay to the petitioner on humanitarian ground. Though the said forwarding letter bears the date 26.04.2021, however, till date the representation of the petitioner has not been considered by the respondent authorities.

4. Ms. S. Longkumer, learned counsel for the petitioner has submitted that the petitioner has rendered services for more than thirty two (32) years in the Establishment of Executive Engineer PWD (Housing) Tuensang Division, Nagaland and he would be retiring from service on completion of thirty five (35) years on 30.09.2025 and that he is entitled to get minimum scale of pay on the principle of equal pay for equal work, like any other employees of the State Government.

5. Learned counsel for the petitioner has also submitted that the case of the petitioner is a covered case as in a writ petition filed by a similarly situated worked charged employee, who approached this Court by filing Writ Petition No. WP (C) 80(K)/2020, directions were given to the respondent authorities to consider the case of the said petitioner for grant of minimum scale of pay within three (3) months from the date of receipt of the copy of the said judgment. Learned counsel for the petitioner has also placed a ruling of a Division Bench of this Court in Writ Appeal No. 25/2021, passed on 14.09.2022, whereby it upheld the judgment dated 14.06.2022, passed in WP(C) 228/2019, whereby the petitioner of that case, who was similarly situated to that of the present petitioner was held entitled to get salary like that of a sweeper appointed on regular basis who performs works of the same nature like that of the said petitioner, on the basis of equal pay for equal work. It is submitted by learned counsel for the petitioner that the present petitioner has been rendering his service for last 32 years by performing all kind of field works which is performed by similarly situated worked charged employees who are already given pay in a scale of pay by the respondent authorities.

6. On the other hand, Mr. Moa Imchen, learned Senior Government Advocate has submitted that the State Government does not have any policy regarding grant of minimum scale of pay to the worked charged employees and in absence of a clear policy of the Government for grant of scale of pay to the worked charged employees, the respondent authorities are not in a position to consider the case of the petitioner even though the petitioner has served the department for a long period of time. It is also submitted by learned Senior Government Advocate that grant of scale of pay to the present petitioner will open flood gates of petitions for grant of scale of pay to other similarly situated worked charged employees and it should