1989 Supreme(Raj) 801
RAJASTHAN HIGH COURT AT JAIPUR BENCH
D.L.Mehta, J.
Smt. Kamla - Appellant
Versus
State of Rajasthan & ors. - Respondent
S. B. Civil Writ Petition No. 1669 of 1989.
Decided On : 28-08-1989
Advocates:
For the Petitioner:Mr. Hanuman Choudhary, Advocate.
For the State :Mr. Ajay Purohit, Advocate.
Equal pay for equal work is a fundamental right and cannot be denied.
Headnote:
Exploitation - Teacher's Salary - The court held that equal pay for equal work is a fundamental right and cannot be denied to the petitioner. The petitioner, who had served as a teacher for more than 12 years, was being paid a consolidated salary much lower than that of a class IV employee, reflecting exploitation by the respondents. The court directed the respondents to pay the regular salary, including dearness allowance, to the petitioner and others similarly situated.
Fact of the Case:
The petitioner, a teacher, was being paid a consolidated salary much lower than that of a class IV employee, despite serving for more than 12 years.
Finding of the Court:
The court found that the petitioner was being exploited by the respondents and held that equal pay for equal work is a fundamental right.
Issues: Exploitation of teacher by the respondents, denial of regular salary, violation of fundamental right to equal pay for equal work.
Ratio Decidendi: Equal pay for equal work is a fundamental right and cannot be denied. Exploitation of the petitioner by paying a consolidated salary much lower than that of a class IV employee.
Final Decision: The writ petition filed by the petitioner was accepted, and the respondents were directed to pay the regular salary, including dearness allowance, to the petitioner and others similarly situated.
JUDGMENT
1. 1. Heard learned counsel for the parties.
2. It is a cast of a cry of a teacher.
3. The petitioner has come with a case that she joined the service on 20th April, 1977 and she was appointed on a consolidated pay of Rs. 300/- per month. Since then she is working on the consolidated pay of Rs. 300/- per month. The petitioner has been confirmed in the service vide order dated 1.5.1984. In spite of the fact that the petitioner has served as a teacher for more than 12 years and still she is not getting the regular salary of the post of a teacher. A class IV employee is getting better salary than a teacher like the petitioner. It reflects the attitude of the respondents towards the petitioner.
4. Equal pay for equal work is basic and fundamental right and the same facility cannot be denied to the petitioner. To ask a teacher to work on a consolidated salary of Rs. 300/- per month for more than 10 to 12 years as a regular teacher is nothing but the exploitation by the respondents. The starving people has no other alternative except to surrender to the whims of the exploiters. The law is enacted to disarm the strong man and to provide arms to the weaker section of the society. This is the basic guideline of the Constitution. The weaker person should be armed and the strong man should be dis-armed so that the opportunity of justice may come into existence in the mind of the persons who have been exploited. To fight against the exploitation is the fundamental right, it is also the duty of every citizen to do so and to help others to do so.
5. In the facts and circumstances of the case, it is a case of exploitation of a teacher by the respondents and the respondents claim to be a welfare of the State.
6. In the result, the writ petition filed by the petitioner is accepted. The respondents are directed to pay the regular salary including dearness allowance to the petitioner of the post of teacher from the date of filing of the writ petition i.e. to say 19.4.1989. The respondents are further directed to pay the regular salary of teachers to the persons who are similarly situated. The respondents are prohibited to pay the consolidated pay to the petitioner. This judgment will also apply to all the persons who are not party in this case and who did not come to this court.
7. No order as to costs.Petition Allowed.
*******
Click Here to Read the rest of this document
Back
