IMPORTANT POINT
Temporary employees performing similar duties as regular employees are entitled to equal pay under the principle of 'equal pay for equal work'.

JUDGMENT :

(Kaushik Goswami, J.)

Heard Mr. Joshua Sheqi, learned counsel for the petitioners. Also heard Mr. V. Zhimomi, learned Junior Government Advocate for the State respondent.

2. By way of this petition under Article 226 of the Constitution of India, the petitioners are seeking direction to the State respondent to pay them the equal pay for equal work as per the latest ROP rules as that of the Dobashi’s appointed against sanctioned post through regular selection.

3. The facts of the case is that the petitioners were appointed as Dobashi, Grade-II in between 1996 to 2014 as contingency, casual, temporary or ex-cadre in the pay scale of Rs. 1150-30-1450-35-1800-40-2120.

4. Since, the Dobashis appointed regularly in sanctioned post were granted the benefit of pay under the latest ROP rules, the instant petition has been filed by the petitioners for granting of the same benefit of pay to them as that of the regularly employed Dobashis.

5. Mr. Joshua Sheqi, learned counsel for the petitioners by relying on the judgments of the Apex Court, i.e State of Punjab and Others vs. Jagjit Singh and Others reported in (2017) 1 SCC 148 and Sabha Shankar Dube vs Divisional Forest Officer and Others reported in (2019) 12 SCC 297 submitted that the case of the present petitioners are covered by the aforesaid two judgments of the Apex Court, wherein it has been clearly held by the Apex Court that the daily wage employees, ad-hoc appointees, employees appointed on casual basis, contractual employees and likewise are entitled to the minimum of the regular pay scale on account of their performing the same duties which are discharged by those engaged on regular basis against the sanctioned post .

6. He further submits the petitioners are performing the same duties which are being discharged by the Dobashi engaged regularly against the sanctioned post and therefore there is no justifiable basis for denying them the same pay scale as that of the dobashis appointed regularly against sanctioned post.

7. To buttress his submission, he further draws the attention of this Court to the letter date 14.08.2019, issued by the Joint Commission, office of the Commissioner, Nagaland, Kohima, wherein it has been clearly stated that the petitioners are performing the same duties as that of the regular employees.

8. He further submits that this Court in the case of Shri Hevishe Sema vs The State of Nagaland and 3 Ors. in WP(C) No.153/2022 has clearly held that the sweepers appointed temporarily is entitled to equal pay similar to that of a regularly appointed sweepers.

9. He further relies upon the Judgment and Order dated 13.12.2022 passed by the Division Bench of this Court, in the case of State of Nagaland and Another vs Heshito Sema in WA No.29/2022, wherein, the Division Bench of this Court upon relying the office memorandum dated 17.03.2015 held that the respondent in that case is entitled to the minimum of the scale extended to regular employees holding the same post.

11. Per contra, Mr. V. Zhimomi, learned Junior Government Advocate for the respondent nos. 1 to 5, submits that the said writ petition is liable to be rejected at the outset for non joinder of the Finance Commissioner, to the Government of Naganand, Finance Department, who is a necessary party.

12. He further submits that the petitioners are governed by the Nagaland Work Charged and Casual Employees Regulation Act, 2001 (herein referred to as Regulation Act, 2001) and are engaged without sanctioned post and therefore are not entitled for the paid under the latest ROP 2017.

13. He further submits that ROP 2017 framed by the Government of Nagaland under Article 309, clearly spelled out in rule 2(a) and 2(b) that these rules shall apply only to regular employee and that these rules shall not be applicable to categories of work charged contract contingencies and person re-employee to service after retirement.

14. In support of the aforesaid submissions, he further relies on the following author