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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RANJAN SHARMA
Naresh Kumar – Appellant
Versus
State of Himachal Pradesh – Respondent
| Table of Content |
|---|
| 1. compassionate daily wage clerk seeks pay parity. (Para 1 , 2 , 3) |
| 2. policy clauses justify lower daily wage pay. (Para 4) |
| 3. clauses 11 and 2(b)(ii) misapplied to parity claim. (Para 5 , 6) |
| 4. acceptance does not bar equal pay right. (Para 7) |
| 5. designation irrelevant for same work pay. (Para 8) |
| 6. equal pay mandated for temporary clerks. (Para 9) |
| 7. no delay in post-rejection petition. (Para 10) |
| 8. quash orders; grant parity from 2007. (Para 11 , 12) |
JUDGMENT :
RANJAN SHARMA, J.
1. Petitioner, Naresh Kumar, a compassionate appointee Clerk, on daily wages, at the relevant time, has come up before this Court, seeking the following relief:-
(i) That a writ in the nature of certiorari may kindly be issued thereby quashing the impugned order dated 16.03.2012 [Annexure P-4].
(ii). That a writ in the nature of mandamus may kindly be issued and the respondent be directed to pay emoluments at par with the contract basis Clerk i.e. Rs.7800/- per month instead of Rs.4300/- from the date of appointment alongwith arrears thereto with interest at the rate of 12% per annum or alternatively to pay regular pay scales of Clerks as hundreds of posts are lying vacant in the respondent Depart
Daily wage compassionate Clerk entitled to pay parity with contract basis counterpart from initial appointment for identical work; mode of appointment cannot justify lower emoluments, violating equal....
Point of law: A scale of pay is attached to a definite post and in case of a daily-wager, he holds no post. The respondent workers cannot be held to hold any posts to claim even any comparison with t....
The principle of 'equal pay for equal work' entitles temporary employees performing similar duties to receive at least the minimum pay of regular employees.
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.
Equal pay for equal work applies to absorbed employees from merged entities performing identical duties as regulars, entitling pay scale parity, benefits, arrears despite initial lump sum irregular a....
The principle of equal pay for equal work mandates that employees performing identical duties must receive the same remuneration, regardless of their employment status.
The principle of equal pay for equal work mandates that employees performing similar duties must receive the same remuneration, regardless of their employment status.
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