The principle of 'equal pay for equal work' applies; however, petitioners are already compensated at wage levels equivalent to regular employees, negating claims of discrimination.

JUDGMENT :

KARDAK ETE, J.

1. Heard Mr. S. Koyang, learned counsel for the petitioners. Also heard Mr. S. Tapin, learned Senior Government Advocate for the State respondents and Mr. L. Perme, learned Standing Counsel, Power Department.

2. As the issues involved in these two writ petitions are similar, same are heard analogously and disposed of by this common judgment and order.

3. Seeking to invoke the principle of “equal pay for equal work”, these writ petitions are filed by the petitioners for a direction to the respondent authorities to pay salary/wages and other service benefits equal to the salary of regular employees of the same cadre.

4. In WP(C) No. 589/(AP)2024, the petitioners, 45 (Forty-Five) in numbers, are working as casual labourers in different posts, namely, Operator, Lineman, Peon, Wireman, Metre Reader, Driver, Handleman, Electrician etc. under Executive Engineer, Seppa Electrical Division, East Kameng District, Arunachal Pradesh. The petitioners have been engaged as casual labourers ranging from the year 1988 to 2024 and are continuously serving in Seppa Electrical Division, under the Department of Power, Government of Arunachal Pradesh.

5. In WP(C) No. 590(AP)2024, the petitioners, 73 (Seven Three) in numbers, are working as casual labourers in different posts, namely, Fitter, Chowkidar, Peon, Mate, Mason, WI, Carpenter, Driver, Mazdoor, Revenue Collector, Revenue Attendant, Mali, Computer Operator etc. under the Executive Engineer, PHE & WS Division, Seppa, East Kameng District, Arunachal Pradesh. The petitioners have been engaged as casual labourers ranging from the year 1986 to 2023 and are continuously serving in the Department of PHE & WS Division, Seppa.

6. It is contended that some of the petitioners have been working as causal labourers since last 30 (Thirty) years. The initial monthly salary of casual labourer is Rs. 12000/- per month, which is not sufficient to maintain their family members. They are facing hardship and are not able to afford the expenses of their children’s education, to provide food and cloth to their family members and to pay monthly house rent and other bills for basic amenities like electricity and water with their meagre salary. The regular employees are provided regular pay scale with all other benefits. The petitioners claim that they are also working with same duties and equal responsibilities in the Departments.

7. Mr. S. Koyang, learned counsel for the petitioners submits that the petitioners are engaged in the same work with similar duties and responsibilities. However, they are being paid a meagre monthly wage, which is discriminatory in nature and as such, is in violation of Article 14 and 16 of the Constitution of India. He submits that the causal employees like the petitioners are entitled for equal pay and allowances, with the pay and allowances of regular employee on the basis of principle of “equal pay for equal work”.

8. Mr. Koyang, learned counsel for the petitioners by placing reliance on the judgment of the Hon’ble Supreme Court in the case of Secretary, State of Karnataka and Ors. vs. Umadevi and Ors. , (2006) 4 SCC 1 and State of Punjab Vs. Jagjit Singh , (2017) 1 SCC 148 , submits that the daily wage earners/causal workers are entitled for payment of wages equal to the salary at the lowest grade of employee of their cadre. He submits that even the temporary employees would be entitled to draw wages at the minimum of pay scale at the lowest grade in the regular pay scale extended to the regular employees holding the same post. Therefore, he submits that the petitioners a