JUDGMENT 1. - Despite several opportunities, reply has not been filed and Shri Rathore submits that the matter may be disposed of on the basis of the material available on record. This writ petition is with reference to the order dated 24th July, 1989 (Ex. 3). By this order dated 24th,July, 1989 (Ex. 3), the Asstt. Director, Social Welfare Department passed an order appointing the petitioner as a part-time Chowkidar against the vacant post in the Hostel in Adarsh Nagar, Jaipur which is run and maintained by the Social Welfare Department. The petitioner's greivance against this order, Ex. 3 is that he had been appointed as Class-IV employee on 1st January, 1988. He is a member of Scheduled Caste. He was appointed on daily wages and thus he has been continuing to work as Class IV employee discharging all the duties of Class IV employee ever since his appointment on 1st January, 1988 as is evident from the documents Ex. 1, dated 1.5.89 and Ex. 2 dated 8.6.89 issued under the signatures of the Asstt. Director, Social Welfare Department, Government of Rajasthan, Jaipur. He has also produced the part of the 'Dak Book' in order to show that he is working as Class IV employee. The petitioner submits that he is being paid Rs. 350/- in all per month ever since his appointment and at no stage he was entier appointed or treated as a part-time employee except by the order dated 24th July, 1989 wherein he has been mentioned as a part-time Chowkidar. The petitioner's grievance in this case is two-fold. He has submitted an application on 24th July, 1989 with the passing of the order dated 24th July, 1989, that he had not been paid the salary from March, 1989 to June, 1989. Secondary that he is not and cannot be treated as a part-time employee. The counsel for the petitioner has submitted that neither his status could be changed to that of part-time nor from Class - IV to Chowkidar because while working as Chowkidar he is to serve for a period of nearly 21 hours a day.
Secondary that he is not and cannot be treated as a part-time employee. The counsel for the petitioner has submitted that neither his status could be changed to that of part-time nor from Class - IV to Chowkidar because while working as Chowkidar he is to serve for a period of nearly 21 hours a day. The petitioner has prayed that he may be paid the minimum of the regular pay scale prescribed for Class-IV employees because he has been discharging all the duties of a Class-IV employees for all purposes and other allowances admissible on the minimum of the regular pay scale prescribed for Class-IV employees. Since it has no been controverted that the petitioner has been discharging all the duties of Class-IV employees, on the principle of 'equal pay for equal work', it is directed that the petitioner shall be paid at the minimum of the regular pay scale prescribed for Class-IV employees from the date of the filing of the writ petition i.e. 11th July, 1990 and the other allowances which are admissible in accordance with law in the case of 'equal pay for equal work' shall also be paid to him from 11th July, 1990. If any amount of salary has not been paid to him for any period, prior to 11th July, 1990, the salary shall be paid to the petitioner for such period at the rate of Rs. 350/- per month as he was getting from the time of his appointment but for the period from 11th July, 1990 he shall be paid at the minimum of the regular pay scale prescribed for Class-IV employees along with other admissible allowances and the petitioner shall be treated as a whole time Class-IV employee. The writ petition is allowed as indicated above. The aforesaid order shall be implemented and the due amount shall be paid to the petitioner within a period of two months from the date the copy of the order is made available to the respondents. In case the amount is not paid within two months, the petitioner shall be paid interest at the rate of 12% per annum on the amount which has been with-held. No order as to costs.Writ Petition Allowed. *******