RAJEEV KUMAR JAISAWAL Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The petitioners, who are working as Shiksha Karmi Grade-I, II & III, now re-designated as Assistant Teacher (Panchayat), Teacher (Panchayat) and Lecturer (Panchayat) respectively, have preferred the present writ petition for issuance of a directions to the respondent/State to grant regular pay scale of Education and Tribal Department to the petitioners from the date of their regularization together with all other benefits admissible to the government employees. Learned counsel for the petitioners would submit that grant of a different pay scale which is lesser than the Government employees like Assistant Teachers, Upper Division Teachers and Lecturers is violative of Article 14 of the Constitution of India and since they are discharging the same duties and functions, it is violative of their right guaranteed under the principle equal pay for equal work. Learned counsel has referred to the Chhattisgarh Panchayat Shiksha Karmi (Recruitment and Conditions of Service) Rules, 1997 (for short 'the Rules, 1997') to submit that under the said rules Shiksha Karmis are entitled to all other benefits like Panchayat employees. However, the respondent/State has not taken any steps in spite of several representations.

(2.) Insofar as the argument regarding conferral of the same monetary benefits as are being given to the employees of the Janpad Panchayats and Zila Panchayats, this Court in the case of Smt. Gayatri Nirmalkar and others v. State of Chhattisgarh and others W.P. (S) No. 1974/2011, had an occasion to consider the similar plea. Para-3, 4 & 5 of the said order reads thus:-

(3.) In view of the above, the said part of the argument, having already been decided by this Court, is rejected.