Honble MADAN, J. – The petitioner who was appointed as Sweeper (Class IV employee) as a daily wager has been continuing his services as such in the S.M.S. Hospital Jaipur since 1.5.87 at the rate of Rs. 22/- per day which was then prevailing.

(2). The grievance of the petitioner is that instead of regularisation of his services by fixiing him up in the regular Pay Scale since he has been performing his duties similar to that of substantively appointed Sweepers on the principle of `equal pay for equal work as enshrined under Article 39(d) read with Article 14 and 16 of the Constitution of India, the petitioner was purposely kept on daily wage basis on order to deprive him the benefits of regular pay scale. It has been further contended in the writ petition that the petitioner is not a work-charge employee hence he is not covered by the Rajasthan Class-IV (Recruitment & other Service Condition) Rules 1963 (hereinafter to be referred as the Rules of 1963) and the said Rules are not applicable to the Medical & Health Services of the State. The petitioner has further challenged the vires of the Rules of 1963 as violative and discriminatory of Articles 14 and 16 of the Constitution of Ind

Click Here to Read the rest of this document