N. VIJAYAKUMAR Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) This writ petition has been challenging the impugned order passed by the second respondent vide proceedings Order No.S.4(1)/30584/2021 dtd. 3/3/2023 and further directing the respondents to grant a minimum time scale of pay of Rs.18,500.00 per mensum applying equal pay for equal work under Article 39(d) of the Constitution of India and as had been granted and extended in favour of similarly placed persons as per G.O.Ms.No.233, Public Works Department dtd. 6/12/2019.

(2.) The case of the petitioners is that they were all appointed as Daily Rated Casual Labourers since 1/6/1998, 1/1/1990 and 1/6/2004 respectively, and the service particulars of the respective petitioners are annexed to the typed set of papers. They are all rendering services under Nominal Muster Roll (NMR) and have continued as such as on date.

(3.) The Government by a Policy Decision came up with a proposal that in view of their continuous, uninterrupted services which is required in the Irrigation Management under the Water Resources Organization (WRO), issued an order in G.O.Ms.No.233, Public Works Department dtd. 6/12/2019, arriving at a total of about 3407 such daily rated casual labourers who are working on a temporary basis to be granted and extended with basic pay at the minimum of the pay scale applicable to the post of sweeper/scavenger with Dearness Allowance thereupon applicable from time to time directed that instead of bringing them under regular time scale of pay or for permanent absorption.