The principle of 'equal pay for equal work' applies, entitling the petitioner to minimum wages despite the denial of regularization.

ORDER :

SUDESH BANSAL, J.

1. By means of filing instant civil writ petition under Article 226 of the Constitution of India, petitioner is claiming regularisation of her services as Cook and for grant of regular pay-scale. In alternative, counsel for petitioner has prayed that petitioner is at least entitled to get minimum wages at the current rate of minimum wages payable to a skilled IV Class employee under the Minimum Wages Act, 1948 (as amended) (for short 'the Act of 1948').

2. It has inter alia been pleaded and argued by and on behalf of petitioner that she was appointed as Cook by the Mess Committee w.e.f. 17.09.1999 and since then petitioner is discharging her duties as a full time Cook in the Government Hostel, run by the Government of Rajasthan and since the appointment of petitioner is against the sanctioned post of Cook, she is eligible for regularisation as also to get the regular pay-scale of the Cook/ IV Class employee.

3. Alternative submission of counsel for petitioner is that even if petitioner is not found eligible for regularisation and regular pay- scale, at least, she is entitled to get minimum wage for rendering service as full time Cook in the Government Hostel, run by the respondent-Department.

4. Counsel for petitioner, to buttress his contention and to support the case of petitioner has relied upon and referred final judgment dated 25.04.2017 passed by the Coordinate Bench in bunch of writ petitions, involving the identical nature of issue, lead case being Anokha Bai Vs. State of Rajasthan & Ors., S.B. Civil Writ Petition No. 372/2013and other connected matters. In this case, the Coordinate Bench of this High Court, while relying upon the previous judgment delivered in case of Anshkalin Samaj Kalyan Sangh, Banswara Vs. The State of Rajasthan,WLR 1996 Raj. 291, which was affirmed by the Apex Court in respect of issuing directions for grant of wages equivalent to minimum pay-scale to the Cook appointed by the Mess Committee and discharging their duties at the Government Hostel run by the Government of Rajasthan as also having relied upon the ratio decidendi expounded by the Hon'ble Apex Court in case of State of Punjab Vs. Jagjit Singh & Ors.,AIR 2016 SC 5176, held and observed as under:

"These writ petitions have been filed by those, who are working on the posts of Cook and Watchman for last many years in the mess of the hostels meant for scheduled caste and scheduled tribes students. The petitioners are not working in the aided hostels but in the hostels run by government. They are paid wages as decided by the Mess Committee. Initially they were engaged directly but now through placement agencies for the reasons best known to the State Government. The involvement of the placement agencies is at the cost of public exchequer. It is moreso when even after involvement of placement agencies, the Department remains the principal employer thus liable for all consequences.

This Court had issued direction to the respondents to find out as to why they are incurring amount on placement agencies but no satisfactory reply has been given.

The prayer for regularisation of services has not been pressed thus the issue aforesaid is not required to be considered.

The only prayer is for equal pay for equal work. The Government has already taken a decision to pay at the rate of minimum wages. The aforesaid decision is appreciated. It shows that the State Government has also recognised long working of the petitioners. It is a fact that Cooks and Watchmen engaged similarly in the Police Department and Social Welfare Department before a cut off date are getting wages in the regular pay scale. They are working and discharging similar duties as are discharged by the petitioners. The denial of minimum of the pay scale is alleged to be in absence of sanctioned posts. The petitioners are working against the post shown in the Circular issued by the Government on 19th October, 2012 and earlier on 18th January, 1982. Circulars were issued to