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2021 Supreme(Sikk) 59

MEENAKSHI MADAN RAI
Garja Man Subba – Appellant
Versus
State of Sikkim – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. A. Moulik, Senior Advocate with Ms. K.D. Bhutia, Advocate
For the Respondent:Dr. (Ms.) Doma T. Bhutia, Additional Advocate General with Ms. Tamanna Chhetri, Advocate (Standing Counsel)

JUDGMENT :

Meenakshi Madan Rai, J.

1. The Petitioners are aggrieved by the alleged arbitrary State action of hand picking Employees for regularization of Services and granting them Salaries higher than the Petitioners, despite the Petitioners having performed similar works as the aforementioned Employees, thereby violating the doctrine of Equal Pay for Equal Work.

2.(i) The Petitioners’ case is that the Services of select Employees similarly situated with them were illegally and selectively regularized in the months of March, 2014 and September, 2014, whereas the Services of the Petitioners were regularized only in June, 2016, along with that of Employees junior to them. That, they have been receiving their Salaries in the new Pay Scale after their regularization from June, 2016 but not the Arrears of Salary due to them since September, 2014, which Employees whose Services were regularized in September, 2014 have been granted.

(ii) To comprehend the matter in its entirety, it is essential to retrace the averments in the Writ Petition. The Petitioners’ case is that they were initially employed by the Government of Sikkim on Muster Roll/Work Charge Basis and after having worked in variou

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