Research › Browse › Judgment

Rajasthan High Court · body

1991 DIGILAW 693 (RAJ)

Bhura Ram Raiger v. State of Rajasthan

1991-09-05

G.S.SINGHVI

body1991
JUDGMENT 1. - Hundreds and thousands of writ petitions are being filed in this court and in other courts by the employees who are getting salary on daily wage basis. More or less similar facts are given. Reliefs claimed are also identical. 2. In view of the expanded scope of Articles 14 and 16, of which Article 39(d) of the Constitution of India has been treated as part in Randhir Singh v. Union of India, AIR 1982 S.C. 879 , this court gave direction to the respondents for payment of salary to the daily wage earner in the regular pay scale meant for the post against which he is appointed, by fixing his pay at the minimum of the pay scale. A direction is also given for payment of Dearness Allowance. It is further directed that other allowances, which are admissible under the rules should also be paid to the daily wage earner. 3. Despite hundreds of decisions of this court, the authorities of the Government have not take care to give effect to the concept of equality in cases, which are of similar nature. This is so despite the Circular issued by the Department of Personnel and Administrative Reforms in the year 1987 directing that the judgments of the courts, which have become final, must be given effect to and implemented in similar cases. A pious hope expressed in the Circular of the Department of Personnel has remained a hope on paper only. In reality, the same I AIR 1982 S.C. 879 trend continues. One has to realise that when a petitioner approaches the court of law, not only he spends his money but the public at large is put to loss. In filing the petitions each petitioner has to make use of lot of stationary. The court has to issue notices, reply to the petition is filed and then every time the court has to make an order directing payment of salary in the regular pay scale by fixing the pay at the minimum of the regular pay scale. Time and again various sections of the society have raised hue and cry against the non-availability of note-books to the children for the purpose of study. Often there are news of black-marketing of note-books, answer books and reading books meant for the students of the schools and colleges. Time and again various sections of the society have raised hue and cry against the non-availability of note-books to the children for the purpose of study. Often there are news of black-marketing of note-books, answer books and reading books meant for the students of the schools and colleges. The Government cry for literacy, but the education is hampered on account of non-availability of books and stationary. This is the plight on the one hand and on the other hand, the authorities of the various departments are so unmindful that they are not giving effect to the orders in the similar cases and that would lead to vest age of valuable stationary. One also cannot forget that the forests wood is used for manufacture of papers and the ecology and atmosphere of not only a particular town, State or the country but of the entire world is adversely affected on account of de-forestation. Thus, indirectly every one becomes a part to the destruction of ecological system of the world. 4. This petition is yet another example of the total inaction and virtual negligence on the part of the administrative authorities in giving effect to the decisions of this court in more than one cases which are similar to that of the present petitioner, and this is so despite the fact that a notice for demand of justice had been given by the petitioner on 25.4.1991 through his counsel giving a reference to the decided cases of this court for the purpose of his claim that he should be paid salary and other allowances in the regular pay scale of Class IV employee. Petitioner has stated that he is in service since in the Social Welfare Department and is being paid salary on daily wage basis. He filed Writ petition No. 821/90 for grant of equal pay for equal work. On 15.2.1991, the court gave direction that the petitioner must first approach the departmental authorities who will have an opportunity to remedy the grievance of the petitioner. Notice of demand for justice sent on behalf of the petitioner proved futile. 5. This is the back-ground of this writ petition. Petitioner has claimed that he should be given the benefit of the principle of equal pay for equal work and the respondents should be directed to pay him salary in the regular pay scale meant for Class IV employees. 5. This is the back-ground of this writ petition. Petitioner has claimed that he should be given the benefit of the principle of equal pay for equal work and the respondents should be directed to pay him salary in the regular pay scale meant for Class IV employees. In their reply, the respondents have admitted that the petitioner is serving the department as daily wage earner. The foundation of contest is that the petitioner was employed purely on temporary basis. It is sufficient to say that the reply filed on behalf of the respondents, do not carry any conviction with the court. Once it has been admitted by the respondents that the petitioner is in the service of the department and is being paid salary on daily wage basis and it is un controverted fact that the petitioner is discharging the duties which are similar to those being discharged by the other Class IV employees who are getting the regular pay scale. The Court has no option but to conclude that the petitioner has been subjected to hostile discrimination. The equal protection clause has been followed only in its breach. 6. From Randhir Singh's case to Dharwad P.W.D. Literate Employees Union v. State of Karnataka', 1990(2) S.LR. 431 their Lordships of the Supreme Court have laid down and reiterated the same principle at least in 10 cases, which are quoted below: Daily Rated Causal Labour employed under P and T Department v. Union of India, 1988 (1) SCC 122 , Surinder Singh v. Chief Engineer, C.P.W.D, 1986(1) SCC 639 , Dhirendra Chamoli v. State of U.P., 1986(1) SCC 637 , R.D. Gupta v. Lt. Governor Delhi Administration, 1987 (4) SCC 505 , Bhagwan Das v. State of Haryana, 1987(4) SCC 634 , Jai Pal v. State of Haryana, 1988(3) SCC 354 , Federation of All India Customs and Excise Stenographers v. Union of India, 1988(3) SCC 91 , and Y.K. Mehta v. Union of India, AIR 1988 SC 1970 . 7. This court is bound by the principle of law declared by the Supreme Court by virtue of Article 141 and in discharge of its constitutional duty, the court has rendered hundreds of judgments enforcing the principle of equal pay for equal work. 7. This court is bound by the principle of law declared by the Supreme Court by virtue of Article 141 and in discharge of its constitutional duty, the court has rendered hundreds of judgments enforcing the principle of equal pay for equal work. In fact it has become a daily feature that in one or the other write petition a direction is given to the respondents for giving effect to the principle of equal pay for equal work as enshrined in Article 39(d) of the Constitution of India and which has been found to be a part of equality about 9 years ago by the Apex court of the country in Randhir Singh's case (supra). 8. For the reasons aforesaid, the writ petition succeeds and is hereby allowed. Respondents are directed to pay to the petitioner salary in the regular pay scale meant for Class IV employees plus other allowances admissible according to the rules, w.e.f. 6.1.1991 when the petitioner had filed the writ petition. Necessary orders should be passed within a period of six weeks from the date of filing of copy of this order. Arrears payable to the petitioner should be paid within 3 months. Normally, I would have awarded costs to the petitioner, but I would refrain from doing so in this case because I would like to give further directions in the matter. 9. The Director, Social Welfare Department should submit a statement before this court within a period of 3 months from the date of receipt of copy of this order indicating the number of persons employed in various units of the Social Welfare Department through out the State of Rajasthan, who are being paid salary on daily wage basis/part-time basis. He should also indicate the reasons as to why these persons are being be paid salary on daily wage basis despite various decisions of this court. After receipt of the statement from the Director, Social Welfare Department, the court would examine the matter further for the purpose of giving appropriate direction for grant of salary in the regular pay scale to those who have not been able to muster courage to approach this court by way of writ petitions under Article 226 of the Constitution of India. 10. For further proceedings the case be listed on 17th December, 1991. 10. For further proceedings the case be listed on 17th December, 1991. Deputy Registrar (Judi.) is directed to forward a copy of this order to the Director, Social Welfare Department, Government of Rajasthan, Jaipur.Writ Petition allowed. *******