The principle of 'equal pay for equal work' applies to temporary employees, but claims for minimum pay must be explicitly made in the writ petitions.

JUDGMENT

Anoop Kumar Dhand, J. - Since the controversy involved in all these Special Appeal (Writs) is identical in nature, hence all these appeals are being heard and decided by passing this common order.

2. The intra Court D.B. Civil Special Appeal (Writ) No.502/2020 (Dr. Gaurav Sharma v. State of Rajasthan & Ors.) arises out of the judgment dated 20.01.2020 passed by the learned Single Bench of this Court in S.B. Civil Writ Petition No. 16913/2019 and rest of the seven Special Appeal (Writs) arise out of the orders passed by the learned Single Benches on different dates, by which, all the writ petitions filed on behalf of the petitioners were decided in light of Gaurav Sharma (Supra) vide judgment dated 20.01.2020 with the following directions as mentioned in Para Nos.15 and 16 of the said judgment, which are reproduced as below:-

"15. In view of the aforesaid, the present writ petitions are disposed of with a direction to 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).

16. The respondents shall 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."

3. While deciding the writ petition, learned Single Bench has not issued any directions for payment of grant of minimum pay scale from the date of decision in the matter of State Of Punjab v. Jagjit Singh reported in (2016) AIR (SC) 5176.

4. Feeling aggrieved by the impugned judgment dated 20.01.2020 and the subsequent orders passed by the learned Single Bench, these intra court appeals are being filed.

5. The two fold common arguments have been raised by the learned counsel for the appellants that the appellants are entitled for getting minimum pay scale on the post of Veterinary Officer from the date of judgment of Jagjit Singh's case (Supra) i.e. w.e.f. 26.10.2016. In support of their contention, they have relied upon the decision of the Division Bench of this Court in the case of Smt. Uji Devi v. State of Rajasthan & Ors. rendered in D.B. Special Appeal Writ No.883/2015 decided on 17.04.2018, wherein, the Court issued directions for grant of minimum and equal pay scale from the date of decision of Jagjit Singh's case (Supra). It is further contented on behalf of the appellants that they are entitled for the benefits of attached dearness allowances and other allowances. In support of their contentions, they relied upon the various judgments in the matters of Maharaj Krishan Bhatt & Another v. State of Jammu and Kashmir & Ors. reported in (2008) 9 SCC 24 and Smt. Uji Devi v. State of Rajasthan & Ors. passed in D.B. Special Appeal Writ No.883/2015 decided on 17.04.2018.

6. Per contra, learned counsel for the respondents opposed the arguments advanced by the counsel for the appellants and argued that the directions issued in the case of Smt.Uji Devi (Supra) for grant of minimum pay scale cannot be granted from the date of decision of Jagjit Singh's case (Supra) i.e. from 26.10.2016 because the facts of the cases in hand and Jagjit's cases are different and the same cannot be applied in the cases in hand.

7. Heard learned counsel for the parties and perused the material available on record.

8. On careful perusal of the record, it is clear that there are two sets of Special Appeals. In one set of appeals, no prayer was made by the petitioners in the writ petitions filed before the learned Single Judge for grant of minimum pay scale w.e.f. the date of decision of Jagjit Singh's case (Supra). The details of the Special Appeals and the writ Petitions are as under:-