JUDGMENT 1. - The petitioner who is a Class IV Employee has approached this Court for purpose of issuance of a writ, order or direction against the respondents to pay him salary in regular pay scale of the post of Class IV Employee with all consequential benefits and interest at the rate of 24% per annum. 2. The case of the petitioner is that in the year 1986 he was employed as Class IV Employee in the Government Primary School, Harmada, on a monthly salary of Rs. 35/- and is presently getting 60/- per month. He is a full time employee. He had served a notice of demand for justice. Inspite of the service of the notice no relief was given to the petitioner and therefore he has filed this writ petition. 3. A notice of this writ petition was issued to the respondents on 13-2-1990 calling upon them to show cause as to why the writ petition may not be admitted/disposed of. The notices were served in the month of March, 1990 When the case was listed before the Court on 4-5-1990, none was present but the Court granted 2 months' time to the respondents to file reply. The case was ultimately listed on 9-7-1990 but could not be taken up. No reply has been filed to the writ petition by the respondent despite notice of this Court. In the absence of reply averments made in the writ petition have to be taken as correct. 4. After hearing the learned counsels for the parties, I am of the opinion that the writ petition deserves to be allowed. The petitioner is working as Class IV Employee in the Government Primary School, Harmada. This school is under the control of Panchayat Samiti, Amer. Since petitioner is a Class IV Employee, he is entitled to get his salary in the pay scale of Class IV Employees. Rule 11 of the Rajasthan Panchayat Samities and Zila Parishads (Class IV servants) Rules, 1959 provides that scales of pay admissible to a member of the service shall be such as may be fixed by the Government from time to time. Rule 12 provides that till framing of separate rules all matters relating to pay, allowances, pension, leave and other conditions of service shall be regulated by the Rajasthan Service Rules and the Rajasthan Travelling Allowances Rules.
Rule 12 provides that till framing of separate rules all matters relating to pay, allowances, pension, leave and other conditions of service shall be regulated by the Rajasthan Service Rules and the Rajasthan Travelling Allowances Rules. This shows that all those who are appointed substantively as Class IV Employees with the Panchayat Samities and Zila Parishads are entitled to grant of pay scales prescribed by the Government from time to time and their service conditions are regulated by Rajasthan Service Rules and Rajasthan Travelling Allowances Rules. 5. In my view even if a person is not a member of service and he is appointed as Class IV Employee on temporary/ad hoc basis, he is entitled to grant of at least minimum pay in the pay Scales prescribed for Class IV Employees. The duties discharged and work performed by substantive as well as temporary employees are identical. The petitioner has been subjected to discriminatory treatment by being paid fixed salary of Rs. 60/- per month. There is no provision under the Rules, 1959 or any other law for payment of such a meagre salary to an employee employed with a public body. The action of the respondents militates against the basic concept of human rights what to say of equality clause enshrined in Article 14 of the Constitution and also the concept of equal pay for equal work embodied in Article 39 (d) of the Constitution of India. It is a glaring case of exploitation. 6. I therefore, allow this writ petition and direct the respondents to pay to the petitioner minimum pay in the Pay Scales of Class IV Employees from 1-1-1990 (taking into account consideration that in fact the notice for justice of demand (sic demand of justice) issued on 8-12-1989). The respondents should continue to pay the petitioner minimum pay in the regular Pay Scale till the date of regularisation of the petitioner's service. The petitioner shall be entitled to all other benefits admissible to temporary Class IV Employee. The arrears payable to the petitioner in view of grant of minimum pay in the regular pay scale w.e.f. 1-1-1990 shall be paid to him within a period of 2 months from the presentation of the copy of this order.
The petitioner shall be entitled to all other benefits admissible to temporary Class IV Employee. The arrears payable to the petitioner in view of grant of minimum pay in the regular pay scale w.e.f. 1-1-1990 shall be paid to him within a period of 2 months from the presentation of the copy of this order. In case the payment is not made within 2 months as aforesaid, the petitioner shall be entitled to interest at the rate of 15% on the amount of arrears with effect from 1-1-1990. This would be in addition to other consequences which would follow as a result of non-compliance of the order of this Court. The petitioner shall get costs Rs. 500/- of this writ petition from the respondents.Petition allowed with costs. *******