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2017 DIGILAW 2680 (RAJ)

Ramji Lal v. State of Rajasthan

2017-12-04

ASHOK KUMAR GAUR

body2017
ORDER : Ashok Kumar Gaur, J. Petitioner has filed the present writ petition, seeking relief of regularization on the Post of Class-IV and hence further prayed for grant of regular pay scale on the said post. Petitioner has submitted in his petition that he was employed vide order dated 17th December, 1993 as a part time Class-IV Employee at Rs. 200/- per month by an order issued by CMHO, Dausa. 2. Counsel for the petitioner submits that though the appointment order reads as a part time employee but he has been discharging his duties as regular Class-IV Employee and his working hours are in both the shifts of the hospital. Petitioner has further asserted in his petition that time and again he requested for grant of regular pay scale and regularization, but no heed was paid to him. 3. Per contra, learned counsel for the respondent submits that the petitioner is only a part time employee and he is not entitled for regularization of his services and further regular pay scale can also not to be granted to him. 4. Learned counsel for the petitioner has filed Misc. Application No. 59166/2017, wherein he has annexed certificate of Medical Officers of Government Primary Health Centre, Bagdi, Tehsil Lalsot, District Dausa, where it was certified that petitioner was working in both the shifts since 1993. 5. Mr. Sanjay Kumar Sharma, G.C., submits that the said certificate is not issued by the Competent Authority and as such it is not relevant for deciding the present controversy. 6. Counsel for the petitioner submits that regularization of the petitioner is not prayed for, in view of the law laid down by the Apex Court, however, he submits that at least minimum pay scale on the post of Class-IV be granted to the petitioner. 7. Learned counsel further relied upon the judgments passed by this Court in S.B. Civil Writ Petition No. 9572/2006 (Kanhaiya Lal v. State of Rajasthan and Anr) decided on 15th February, 2017; S.B. Civil Writ Petition No. 13615/2012 (Om Prakash v. State of Rajasthan and Anr.) decided on 14th September, 2017 and further the order passed in S.B. Civil Writ Petition No. 6106/2002 (Kedar Lal Sen v. Secretary, Gram Vikas & Panchayati Raj and Ors.) decided on 9th August, 2017. 8. 8. Counsel for the respondent submits that petitioner is working only as a part time employee & he is even not entitled for minimum pay scale for Class-IV Post. 9. Counsel for the petitioner has drawn the attention of this Court towards order dated 19th September, 2008, passed by this Court on a Misc. Application, wherein this Court had directed the respondents to pay all the wages of the petitioner for the work done by him at the rate of minimum wages, prescribed by the State. Counsel submits that the present petitioner is paid the minimum wages and as such further directions to pay him minimum pay scale will be in continuation of the orders passed by this Court. 10. I have considered the submissions made by the learned counsel for the parties. 11. In the opinion of the Court, petitioner has been continuously working since 1993 & this Court had also decided the similar controversy & the petitioner is also entitled to get the minimum pay scale on Class-IV Post. 12. This Court relying on judgment passed by the Apex Court in the case of State of Punjab & Ors. v. Jagjit Singh and Ors. reported in (2017) 1 SCC 148 issued directions to comply the principle of "equal pay for equal work", in relation to various categories of temporary employees like daily wage employees, ad hoc appointees, employees appointed on causal basis and contractual employees. 13. There is no dispute that the petitioner is continuously working and has been discharging his duties in the office of the respondents. In view of the judgment passed by the Apex Court and by this Court, petitioner is held entitled for minimum pay scale on the post of Class-IV. The respondents are under legal obligation to grant minimum pay scale to such employees who were working even for a considerable long time. 14. The present writ petition is disposed of in the terms that the petitioner will be granted minimum pay scale on the post of Class-IV & the respondents are expected to comply with this order within a period of three months.