TRIBHUVAN DAHIYA, J. (Oral)

These three petitions are being decided together as common questions of law on similar facts arise herein. Facts for adjudication of the matter are being taken from the petition, CWP-1887-2019.

2. This petition has been filed, inter alia , seeking a writ of mandamus directing the respondents to grant the petitioners minimum of pay scale admissible to regular Assistant Professors from 20.07.2017, the date from which they were directed to perform similar duty as being performed by their regular counterparts. At the outset, learned counsel for the petitioners, on instructions, submits that the petitioners forego their claim for grant of the minimum of pay scale from the date of engagement, i.e., 20.07.2017, and restrict their claim to grant of such benefit with effect from 03.11.2017.

2.1. The petitioners were employed as Extension Lecturers on lecture basis with the respondents as per guidelines dated 20.07.2017, Annexure P-1, ‘Guidelines regarding engaging Extension Lecturers in Govt. College purely on temporary basis’ (hereinafter referred to as ‘the Guidelines’). It was decided to engage Extension Lecturers purely on temporary basis, if their workload was more than the prescribed norms of twenty-seven periods per week (non-practical subjects) and thirty periods per week (practical subjects).

CWP-2547-2019 (O&M) 2023:PHHC:160957

The qualifications for engagement would be as prescribed for regular Assistant Professors.

2.2. The petitioners fulfilled the qualifications for appointment as Assistant Professors on regular basis as per the rules, and were performing similar duties and responsibilities which were performed by the regular Assistant Professors.

2.3. The Supreme Court vide judgment dated 26.10.2016 passed in Civil Appeal No.213 of 2013 titled State of Punjab and others v. Jagjit Singh and others, held that right of ‘equal pay for equal work’ vests in every employee, whether engaged on regular or temporary basis on fulfilment of the parameters laid down in paragraph 42 of the judgment. In compliance of the law laid down, the respondent Government issued notification/instructions, dated 03.11.2017, Annexure P-4, that the principle of ‘equal pay for equal work’ shall be initially applicable to contractual employees engaged under outsourcing policy Part-II with effect from 01.11.2017. Further, as per clause (iii) of the notification, a committee was ordered to be constituted to decide on cases of other categories of employees to whom the principle of ‘equal pay for equal work’ shall apply.

2.4. Accordingly, the government vide memorandum dated

27.06.2019, Annexure R-2, decided to implement the principle of ‘equal pay for equal work’ for contractual guest/extension lecturers working in Government Colleges of the State from the date of notification after ascertaining that workload allotted to them was at par with regular CWP-2547-2019 (O&M) 2023:PHHC:160957 Assistant/Associate Professors. The relevant part of the memorandum reads as under:

2. The individual (amongst extension lecturers) may be given this benefit from date of notification after ascertaining that he/she has been allotted full workload at par with regular Assistant/Associate Professors after the assessment of workload for this academic session.

It is made clear that only amount equal to the initial basic pay of a regular Assistant Professor is to be given to above mentioned beneficiaries and no allowances are to be paid. It is also made clear that contractual guest/extension lecturers may be allotted all additional duties (at par with regular Assistant/Associate Professor), however, duties involving financial responsibilities may not be allotted to them. Such incumbents will be paid remuneration of Rs. 57,700/- per month. Howeve