The principle of equal pay for equal work applies to temporary employees, entitling them to draw wages at the minimum of the payscale extended to regular employees holding the same post.

JUDGMENT

1. The petitioners have preferred this writ petition under Article 226 of the Constitution of India, claiming the following reliefs:

"(a) by an appropriate writ order or direction the writ petition filed by the petitioners may kindly be allowed.

(b) by an appropriate writ order or direction, the impugned action on the part of the respondent authorities in not extending minimum of the regular pay scale to the petitioners who are working on the post of Pump Driver may kindly be directed to comply wit the directions issued by this Honble Court in the case of Janta Jal Nalkpoop Union (supra) in its true letter and spirit and accordingly, allow similar treatment i.e. benefit of minimum of the pay scale allowed to the regular employees holding the same/corresponding post in the State Government on the principle of equal pay for equal work to the petitioners from the date of their initial appointment forthwith.

(c) by an appropriate writ, order or direction, the respondent authorities may also kindly be directed to grant all other consequential benefits including arrears of pay in favour of the petitioners in accordance with law forthwith.

(d) Any other appropriate writ, order or direction, which this Honble Court deems just and proper in the facts and circumstances of the case may kindly be passed in favour of the petitioners.

(e) Cost of writ petition may also please be awarded in favour of the petitioners."

2. Learned counsel for the petitioners prayed that their representation may be considered by the respondents in light of the judgment in State of Punjab & Ors. v. Jagjit Singh & Ors. reported in (2017) 1 SCC 148 . The relevant portion of the judgment reads as under:

"60. Having traversed the legal parameters with reference to the application of the principle of equal pay for equal work, in relation to temporary employees (daily-wage employees, ad-hoc appointees, employees appointed on casual basis, contractual employees and the like), the sole factor that requires our determination is, whether the concerned employees (before this Court), were rendering similar duties and responsibilities, as were being discharged by regular employees, holding the same/corresponding posts. This exercise would require the application of the parameters of the principle of equal pay for equal work Page 101 101 summarized by us in paragraph 42 above. However, insofar as the instant aspect of the matter is concerned, it is not difficult for us to record the factual position. We say so, because it was fairly acknowledged by the learned counsel representing the State of Punjab, that all the temporary employees in the present bunch of appeals, were appointed against posts which were also available in the regular cadre/establishment. It was also accepted, that during the course of their employment, the concerned temporary employees were being randomly deputed to discharge duties and responsibilities, which at some point in time, were assigned to regular employees. Likewise, regular employees holding substantive posts, were also posted to discharge the same work, which was assigned to temporary employees, from time to time. There is, therefore, no room for any doubt, that the duties and responsibilities discharged by the temporary employees in the present set of appeals, were the same as were being discharged by regular employees. It is not the case of the appellants, that the respondent-employees did not possess the qualifications prescribed for appointment on regular basis. Furthermore, it is not the case of the State, that any of the temporary employees would not be entitled to pay parity, on any of the principles summarized by us in paragraph 42 hereinabove. There can be no doubt, that the principle of equal pay for equal work would be applicable to all the concerned temporary employees, so as to vest in them the right to claim wages, at par with the minimum of the pay-scale of regularly engaged Government employees, holding the same post.

61. In view