IMPORTANT POINT
The principle of 'equal pay for equal work' requires the employee to prove that their duties are similar in nature and responsibility to those of regular employees; failure to do so negates the claim for equal pay.

JUDGMENT :

N. Unni Krishnan Nair, J

Heard Mr. I. Choudhury, learned Advocate General for the State of Arunachal Pradesh assisted by Mr. S. Tapin, learned Senior Government Advocate appearing for the appellants. Also heard Mr. S. K. Singha, learned counsel appearing for the sole respondent.

2. The appellants have instituted the present Intra Court Appeal, presenting a challenge to a Judgment and Order, dated 16.06.2023, passed by the learned Single Judge in WP(C)/485(AP)/2022, instituted by the respondent/writ petitioner.

3. The facts leading to the institution of the writ petition being no. WP(C)/485(AP)/2022 are noticed herein below;

I. The respondent/writ petitioner was initially appointed as a Skilled Contingent paid staff, vide an order dated 10.10.1990, issued by the Deputy Commissioner, Lower Subansiri District, Ziro. The petitioner thereafter, continued to discharge services in such capacity. The petitioner had projected in the writ petition that on vacancies arising in the post of Lower Division Clerk (LDC) in the establishment of the Deputy Commissioner, Lower Subansiri District, Ziro, on account of the incumbents therein proceeding on leave, the petitioner was so engaged on few occasions against such posts on temporary basis and she was authorized a scale of pay during such period of engagement. The petitioner has projected that although she was being engaged for the works as discharged by a LDC in the said establishment, she was however paid her remuneration at a lower rate than that authorized to the incumbents holding the posts of LDC in the regular establishment.

II. The petitioner, in support of her claim that she was being engaged for works similar in nature to that discharged by an LDC, had relied upon the orders appointing her against the post of LDC from time to time and also upon an order dated 29.05.2012, issued by the District Food & Civil Supplies Officer, (DFCS), Lower Subansiri District, Ziro, pertaining to allocation of work to the employees of the establishment, wherein the petitioner was also allotted certain works, which she contends was the works so discharged by regular incumbents in the cadre of LDC.

III. The petitioner, vide an order dated 13.11.2014, was thereafter transferred and posted as a Skilled Contingency worker to the office of the Deputy Resident Commissioner (DRC), Tezpur, and the petitioner is presently discharging her duties in the said capacity in the said office.

IV. The petitioner, having rendered around 31 years of service and her services having not been regularized, she had approached this Court by way of instituting the above noted writ petition, praying for regularization of her services and in the same writ petition, she has also prayed for a direction upon the authorities for authorizing her wages at the minimum of the scale of pay as authorized to a regular incumbent in the post of LDC.

4. The above noted writ petition, being WP(C)/485(AP)/2022 was taken up for final consideration by the learned Single Judge; and upon hearing the learned counsels for the parties and on perusal of the materials brought on record, the learned Single Judge proceeded vide the Judgment and Order dated 16.06.2023 to dispose of the said writ petition. The learned Single Judge, vide the said Judgment and Order, dated 16.06.2023, rejected the prayer of the petitioner for a direction to the authorities for regularization of her services, noticing the fact that there were persons senior to the petitioner working as Contingency staff in the establishment. However, it was provided that the respondent authorities shall regularize the services of the petitioner on her turn as per the Rules holding the field.

5. The learned Single Judge with regard to the claim of the petitioner for being authorized the minimum of the pay scale, as authorized to the incumbents working as LDC in the regular establishment, proceeded by placing reliance on the decision of the Hon’ble Supreme Court in the case of State of Punjab & O