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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Civil Writ Petition No. 1149/2021

Deepak Kumar S/o Shri Birdichand, Aged About 35 Years, R/o

House No. 5/b/151, Kudi Bhagtasni Housing Board, District

Jodhpur.

----Petitioner

Versus

1. The Director, Zoological Survey Of India, M Hblock New

Alipur, Kolkata - 70053

2. The Officer - In - Charge, Zoological Survey Of India,

Desert Regional Center, Jhalamand, Pali Road, Jodhpur.

----Respondents

For Petitioner(s) : Ms. Archana Joshi

For Respondent(s) : Mr. H.R. Rawal

HON'BLE MR. JUSTICE KULDEEP MATHUR

Order

19/05/2026

1. By way of filing the present writ petition under Article 226 of

the Constitution of India, the petitioner has prayed for the

following reliefs:

“That in view of the facts stated and submission made above.it is

therefore most respectfully and humbly prayed that:-

A. By an appropriate writ order or directions, respondents may be

directed to regularize the services of petitioner on the post of .safai

karamchari

B. By an appropriate writ order or directions, petitioner may be

granted the pay scale of "safai Karamchari".

C. By an appropriate writ order or direction the Impugned order dated

27.03.2019(Annexure-5) may kindly be quashed and set aside. ....”

2. Having heard learned counsel for the parties and upon

perusal of the material available on record, this Court finds that

the petitioner was appointed as a Safai Karamchari by the

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respondents on 16.10.2000. Thereafter, the respondents

dispensed with the services of the petitioner on 01.12.2004,

whereupon he raised an industrial dispute. The said dispute was

referred to the Labour Court-cum-Industrial Tribunal, which, vide

award dated 04.05.2012, held the action of the respondents in

terminating the services of the petitioner to be illegal and directed

his reinstatement in service with back wage upto 50%. The award

dated 04.05.2012 passed by the Labour Court-cum-Industrial

Tribunal was challenged before this Court by way of filing S.B. Civil

Writ Petition No.7848/2012. This Court, after hearing learned

counsel for the parties, modified the award only to the extent of

reducing the back wages from 50% to 25%; however, the findings

regarding reinstatement and continuity of service were

maintained.

3. It is further noticed that when the aforesaid award was not

implemented in its true letter and spirit, the petitioner again

approached this Court by way of filing S.B. Civil Writ Petition

No.6895/2016 ‘Deepak Kumar v. The Director, Zoological Survey

of India’ seeking regularization of his services. The said writ

petition came to be disposed of vide order dated 16.11.2018,

whereby the respondents were directed to treat the petitioner as

continuing in service without any break and further consider his

case for regularization in the respondent organization.

4. The grievance of the petitioner in the present writ petition is

that despite having rendered service in the respondent

department for more than two decades as a Safai Karamchari, he

is being paid only a sum of Rs.4,000/- per month.

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5. According to the petitioner, since he has continuously and

uninterruptedly discharged duties as a Safai Karamchari and the

nature of work performed by him is perennial in nature, he is

entitled not only to wages equivalent to those payable to a Class-

IV employee in accordance with the principle of “equal pay for

equal work”, but also to consideration for regularization against an

available vacant post of Class-IV employee/Safai Karamchari.

6. This Court further finds that the respondents, in their reply,

have not disputed the fact that the petitioner has been working as

a Class-IV employee for more than two decades. However,

according to the respondents, the petitioner is not entitled either

to a regular pay scale or r