Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(Mad) 4278

IN THE HIGH COURT OF JUDICATURE AT MADRAS
J. SATHYA NARAYANA PRASAD, J.
K. Kalamani - Appellant
Versus
State of Tamil Nadu - Respondent
W.P. No. 27781 of 2023
Decided On : 31-01-2025

Advocates:
Advocate Appeared:
For the Appellant : L. Chandrakumar
For the Respondent: M. Rajendiran

The court affirmed that denying equal pay to similarly situated casual labourers violates constitutional rights, emphasizing the need for timely administrative action.

Headnote:(A) Constitution of India - Article 39(d) - Equal pay for equal work - Petitioners, daily rated casual labourers, sought minimum pay of Rs.18,500/- as per G.O.Ms.No.233, Public Works Department dated 06.12.2019 - Court found that petitioners were arbitrarily excluded from the Screening Committee - Administrative delay in verifying documents led to denial of benefits - Court quashed the impugned order and directed payment. (Paras 1, 6, 18, 20, 24)

(B) Administrative Law - Principles of natural justice - Denial of equal pay to similarly situated employees violates Articles 14, 16, and 21 of the Constitution - Respondents failed to submit petitioners' names to the Screening Committee in a timely manner, leading to arbitrary exclusion. (Paras 20, 21, 22)

Facts of the case:
Petitioners were appointed as Daily Rated Casual Labourers between 2008 and 2013, seeking minimum pay of Rs.18,500/- based on a government order applicable to similarly placed employees.

Findings of Court:
The court found that the petitioners were entitled to the minimum pay scale due to administrative delays in processing their claims, which were not their fault.

Issues: The main issues included the arbitrary exclusion of petitioners from the Screening Committee and the applicability of the government order for minimum pay.

Ratio Decidendi: The court ruled that the respondents' failure to submit the petitioners' names for consideration constituted a violation of natural justice and equal pay principles.

Result: Writ petition allowed, impugned order quashed, and respondents directed to grant minimum pay.

ORDER :

1. This writ petition has been challenging the impugned order passed by the second respondent vide proceedings Order No.S.4(1)/30584/2021 dated 10.04.2023 and further directing the respondents to grant a minimum time scale of pay of Rs.18,500/- per mensum applying equal pay for equal work under Article 39(d) of the Constitution of India and as had been granted and extended in favour of similarly placed persons as per G.O.Ms.No.233, Public Works Department dated 06.12.2019.

2. The case of the petitioners is that they were all appointed as Daily Rated Casual Labourers between 2008 and 2013 and the service particulars of the respective petitioners are annexed to the typed set of papers. They are all rendering services under Nominal Muster Roll (NMR) and have continued as such as on date.

3. The Government by a Policy Decision came up with a proposal that in view of their continuous, uninterrupted services which is required in the Irrigation Management under the Water Resources Organization (WRO), issued an order in G.O.Ms.No.233, Public Works Department dated 06.12.2019, arriving at a total of about 3407 such daily rated casual labourers who are working on a temporary basis to be granted and extended with basic pay at the minimum of the pay scale applicable to the post of sweeper/scavenger with Dearness Allowance thereupon applicable from time to time directed that instead of bringing them under regular time scale of pay or for permanent absorption.

4. While being so, a Screening Committee was also constituted for the purpose of verification of these types of NMRs. The Screening Committee which was directed to identify the eligible casual labourers arrived at 3407 NMRs.

5. In an earlier round of litigation, as many as 20 persons approached the Madurai Bench of Madras High Court in W.P.(MD)No.8092 of 2020 to permit the petitioners to continue as NMRs' till their permanent absorption among other prayers. This Court after making certain observations dispose of the writ petition by giving few directions:

56. In view of the aforesaid discussions and the factual matrix of this case, this Court is inclined to pass the following orders in this writ petition:

(1) That out of the 20 petitioners, except Petitioner Nos.2, 15 and 19, others are not entitled to seek for any relief, as they have claimed in this writ petition. Therefore, insofar as the other 17 petitioners, the prayer sought for by the petitioners is rejected.

(2) In respect of the petitioner Nos.2, 15 and 19, based on the certificate issued by the very PWD Executive Engineers concerned certifying that, they have been engaged directly as NMR employees for more than five years and ten years respectively, their candidature can be considered by the respondents PWD for the continuous engagement.

(3) In future, as has been declared in the G.O.137 Public Works Department dated 13.09.2019, no NMR employees shall be engaged in the Public Works Department, except at the campus, sites indicated in Item No. (i) of Paragraph 6 of G.O.137. However, for any emergency or contingency, if the Government decides to engage any new NMR employees only for the specific purpose or for a limited period, even such engagement shall be strictly made only from among the candidates, whose names are sponsored by the concerned Employment Exchange and at no circumstances, direct engagement shall be made by way of pick and choose method by the PWD officials.

(4) The Government shall come forward to issue necessary Government orders prescribing the age, educational qualifications and physical fitness for the purpose of engagement and method of engagement of NMR employees in future.

(5) In this context, the G.O., may indicate or prescribe the educational qualifications of only or the maximum of up to Higher Secondary, ie., +2 and as far as possible, such engagement shall only be made from among the candidates, who have the educational qualification only upto +2 and the highly qualified people, who are having profess