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2022 Supreme(Raj) 1455

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
Arun Bhansali, J.
Ramnath Saini & Ors. – Appellants
Versus
State Of Rajasthan & Ors. – Respondents
S.B. Civil Writ Petition No. 8771/2022 Connected with S.B. Civil Writ Petition No. 7853/2022
Decided On : 12-09-2022

Advocates appeared:
Mr. S.P. Sharma, Advocate., for the Petitioner
Mr. A.K. Gaur, AAG., for the Respondent

The principle of 'equal pay for equal work' applies to temporary employees, entitling them to claim wages at par with the minimum of the pay-scale of regularly engaged Government employees holding the same post.

Headnote:

Equal Pay for Equal Work - Pay Scale - State of Punjab v. Jagjit Singh (AIR 2016, SC 5176) - S.B. Civil Writ Petition No.16913/2019 Dr. Gaurav Sharma & Ors. v. State of Rajasthan - Para 57 & 58 of the judgment in State of Punjab v. Jagjit Singh (supra) - Smt. Uji Devi v. State of Rajasthan & Ors.: D.B. Special Appeal (Writ) No.883/2015 - Dr. Gaurav Sharma (supra) - Dr. Padam Bhusan Sharma & Ors. v. State of Rajasthan & Ors. - Dr. Vikram Bhati & Ors. v. State of Rajasthan & Ors. - The court held that the petitioners are entitled to minimum of the pay scale, which the regularly selected candidates are drawing, in light of judgment of Hon'ble the Supreme Court in the case of State of Punjab v. Jagjit Singh (supra). The court also directed the respondents to give minimum of the pay scale to the petitioners without any allowances from the date, when the petitioners filed the writ petition(s). The respondents were further directed to pay the arrears for such period by 31.03.2020, however, their pay will be matched with minimum of the pay scale w.e.f. 01.02.2020.

Fact of the Case:

The petitioners sought regular pay scales and benefits similar to those granted to similarly situated Veterinary Officers appointed under Rule 26 of the Rules of 1963 in the year 1998. They also sought the same benefits of pay and perks at par with these veterinary officers until their services are regularized.

Finding of the Court:

The court held that the petitioners are entitled to minimum of the pay scale, which the regularly selected candidates are drawing, in light of judgment of Hon'ble the Supreme Court in the case of State of Punjab v. Jagjit Singh (supra). The court directed the respondents to give minimum of the pay scale to the petitioners without any allowances from the date, when the petitioners filed the writ petition(s). The respondents were further directed to pay the arrears for such period by 31.03.2020, however, their pay will be matched with minimum of the pay scale w.e.f. 01.02.2020.

Issues: The issue raised in the petitions was whether the petitioners are entitled to the same regular pay scales and benefits granted to similarly situated Veterinary Officers appointed under Rule 26 of the Rules of 1963 in the year 1998, or the minimum of pay scale of Rs. 56,100/- in terms of the decision of the Hon'ble Supreme Court.

Ratio Decidendi: The court applied the principle of 'equal pay for equal work' and held that the petitioners are entitled to minimum of the pay scale, which the regularly selected candidates are drawing, in light of judgment of Hon'ble the Supreme Court in the case of State of Punjab v. Jagjit Singh (supra).

Final Decision: The petitions filed by the petitioners were disposed of in the light of the order in the case of Dr. Gaurav Sharma (supra) with a direction to the respondents to give minimum of the pay-scale to the petitioners without any allowances w.e.f 01.10.2022. The stay applications also stand disposed of.

JUDGMENT

1. These writ petitions have been filed by the petitioners seeking the following reliefs:-

      "(a) By an appropriate writ, order or direction in the nature thereof, the respondents may kindly be directed to grant same regular pay scales, with attached benefits, which has been granted to similarly situated Veterinary Officers, who were appointed under Rule 26 of the Rules of 1963, in the year 1998 and petitioners also may kindly be enlarged the same benefits of pay and perks, at par with these veterinary officers, until their services are regularized.

      Or in the alternate, By an appropriate writ, order or direction in the nature thereof, the respondents may kindly be directed to grant minimum of pay scale of Rs. 56,100/- of the post of Veterinary Officers, in terms of the decision of the Hon'ble Supreme Court, passed in the case of State of Punjab v. Jagjit Singh (AIR 2016, SC 5176) and in terms of directions issued in S.B. Civil Writ Petition No.16913/2019 Dr. Gaurav Sharma & Ors. v. State of Rajasthan, decided on 19.01.2020, with similar relief of enhanced salary with dearness allowances.

      (b) Any order appropriate order or direction, which this Hon'ble Court considers just and proper in the facts and circumstances of this, may kindly be passed in favour of the petitioners"

      2. At the outset, learned counsel for the petitioners confines his submissions and the prayer to the extent that the issue raised in the petitions may be decided in the light of order passed in Dr. Gaurav Sharma v. State of Rajasthan & Ors.: SBCWP No.16913/2019, decided on 20.01.2020.

      3. Learned counsel for the respondents attempted to distinguish the case of Dr. Gaurav Sharma (supra) by indicating that the petitioners therein were recruited on the basis of written test passed by them conducted by the RPSC and in the present case they have been selected by the District Level Committees and, therefore, they are not entitled to the reliefs as claimed in the case of Dr. Gaurav Sharma (supra). A Coordinate Bench of this Court after referring to the judgment in State of Punjab Ors. v. Jagjit Singh: (2017) 1 SCC 148 and distinguishing the order in Smt. Uji Devi v. State of Rajasthan & Ors.: D.B. Special Appeal (Writ) No.883/2015, decided on 17.04.2018 came to the following conclusion:-

          "13. This Court is of the considered opinion that the petitioners are entitled for minimum of the pay scale, which the regularly selected candidates are drawing, in light of judgment of Hon'ble the Supreme Court in the case of State of Punjab v. Jagjit Singh (supra). Operative portion contained in para No.57 & 58 is being reproduced hereinfra :

          "57. 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' 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 disch

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