MANILAL U PARMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner, in this Special Civil Application, has come up with the case that he was appointed as additional cashier cum junior clerk under the direct control of respondent No. 3, Sub Treasury Officer, Kheralu, District Mehsana since 1982 on the basis of daily wage appointment of Rs. 10/- per day which rate subsequently was increased to Rs. 20/- per day. The grievance of the petitioner is that he is serving for respondent with utmost sincerity and hard work but he has not been regularized. Further grievance has been made that he is being paid on the basis of daily wages rate only whereas other regular employees working as additional cashier cum junior clerks are getting pay in the time scale of Rs. 950-1500 though both are performing similar nature of duties. Prayer has been made by the petitioner in this Special Civil Application for declaration that he is entitled to get benefit of minimum pay in the time scale for junior clerks payable to regular employees, on the basis "equal pay for equal work", with permissible allowances. The petitioner has further prayed to direct the respondents to pay him the said rate of wages from the date of his initial appointment with 18% interest thereon.

(2.) This writ petition has come up for hearing before this Court on 2.3.1994 on which date interim relief in terms-of para 12 (D) has been granted. In para 12(D) of the petition, the petitioner prayed that pending admission and final disposal of this petition, the respondents be restrained from terminating, discharging and/or discontinuing the services of the petitioner and further directing the respondents to pay the minimum of the time scale of pay of class III employees, i.e. the junior clerk to the petitioner with permissible allowances.

(3.) So what the learned counsel for petitioner stated was that the petitioner is getting minimum time scale with allowances for all these years.