S SAJAPPAN Vs. MUNICIPAL COUNCIL

JUDGEMENT

(1.) This is to consider an application under Article 226 of the Constitution of India ('writ petition' in short) filed by the writ petitioners alleging, inter alia, that although they have been discharging the functions of Lower Grade Clerks ('LGCs' in short), they are paid in the grade of Daily Rated Majdoors ('DRMs' in short).

(2.) The writ petitioners, namely, Sajappan and Karma Runda, were appointed as DRMs, by the Municipal Council, Port Blair and it has been alleged by them that from the date of their appointments they have been discharging the duties of LGCs. The writ petitioners in support of their allegations annexed certain documents as annexures-C and F to the writ petition indicating that they have actually discharged the functions of LGCs inasmuch as they were engaged for preparing Salary Bills, Over-Time OTA Bills, Leave Salary Bills and other allied works assigned by the Head Clerk concerned. From the Note-Sheet, annexed as annexure-C, it appears that the writ petitioner No. 2, namely, Karma Runda was entrusted with all despatch works and was directed to maintain the accounts of postal stamps.

(3.) To enforce their right of "equal pay for equal work" the writ petitioners earlier moved a writ petition before this Court and by order dated September 21, 2001 Lala, J. directed the authority concerned to consider the issue within a period of one month from the date of communication of the said order upon giving fullest opportunity of hearing to the writ petitioners and by passing a reasoned order,