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ASHOK KUMAR GAUR, ASHUTOSH KUMAR
Secretary Gramin Vikas & Panchayati Raj Deptt. – Appellant
Versus
Kedar Lal Sen S/o Shri Ganpat Lal Sen – Respondent
ORDER :
This case has a chequered history. The instant special appeal has been filed by the appellants-State employer challenging the order dated 09.08.2017 passed by the learned Single Judge, whereby the respondent-employee has been denied the benefit of regularization of his services but has been granted minimum pay in the pay scale of Class-IV employee.
2. The present appeal was filed belatedly and as such the Coordinate Bench of this Court on 21.10.2021 dismissed the application of the State filed under Section 5 of the Limitation Act by a detailed order.
3. The order dated 21.10.2021 was put to challenge by the appellants-State before the Apex Court in Civil Appeal No.1873/2022 (SLP(C) No.4248/2022) and the Apex Court allowed the Special Leave Petition of the State and order of the High Court dated 21.10.2021, was set aside and delay in filing the appeal was also condoned. The Apex Court remitted the matter back to the High Court for deciding on merits, in accordance with law. However, the order passed by the Learned Single Judge was to remain stayed till such time an application for stay was decided by the Division Bench.
4. Learned Additional Advocate General Mr. C.L. Saini has
The State's action in denying regularization and minimum pay to the respondent-employee was arbitrary and unreasonable, violating Article 14 of the Constitution of India. The respondent-employee was ....
Part-time employees cannot be regularised without a sanctioned post and proper recruitment process, as established by Supreme Court precedents.
The main legal point established in the judgment is the principle of 'equal pay for equal work' and the applicability of the Circular to part-time employees working for less than four hours.
For placement in a regular pay scale, the claimant has to be a regular appointee selected on the basis of a regular process of recruitment. An employee appointed on a temporary basis cannot claim to ....
Point of Law : Principle of “equal pay for equal work” has also been extended to temporary employees (differently described as work-charge, daily wage, casual, ad hoc, contractual, and the like)
The principle of 'equal pay for equal work' as established by the Hon'ble Supreme Court was applied by the court to issue the direction for payment of salary in the minimum of the pay scale.
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