CHANDAN KUMAR GHOSH Vs. STATE OF TRIPURA

JUDGEMENT

(1.) These two cases involved common question of facts and law and, as such, these have been taken up together for hearing jointly and accordingly, these two cases are hereby disposed of finally on their own merit with the following common judgment and order :

(2.) Two writ petitioners in Civil Rule No. 291 /92 and the writ petitioners 10 in number in Civil Rule No. 3 of 1993 made the same and similar prayer for a direction to the respondents/authority concerned for afording similar time scales of pay amongst the Class- IV employees of the Government and permanent labourers working under the respondent department. In other words, to forbear from granting two different scales of pay to Class-IV employees and the permanent labourers by contending, inter alia, that these petitioners were initially engaged and employed as Daily Rated'Workers (for short DRW) since a pretty long time i.e. since the year ranging from 1974, 1975, 1976 and 1977 respectively and they have been given their place of posting at different places under the control of the Director of Animal Husbandry, Government of Tripura and since then they have been discharging their duties sincerely and diligently and in the year 1987 by virtue of a related Government order bearing No. F.2 (459) AHD/ESTT/3 dated 1 st August, 1987 as is Annexure-1 to the writ petitions these petitioners 12 in number have been engaged as permanent labourer @ Rs. 11.50 per day plus usual allowances as admissible from time to time on no work no pay basis with effect from 1.7.1987 and their services shall be regulated under Clause 7, 8(a)(b) and 9(a)(b) of Chapter IK of the Tripura Government Animal Husbandry Permanent Labourers (Recruitment and Conditions of Service) Rules, 1985 and Amendment Rules, 1987, hereinafter referred to as "Service Rules" of 1985. It is also the case of the petitioners that as per related revised Pay Rules, 1988, a Class IV regular employee like a Peon etc. i.e. the posts with various designations common to all departments in Grade-I, Grade-II and Grade- Ill the initial time scale of pay of Rs.370-650 ; 330-640 ; 340-530 have been revised as Rs.850-2150; Rs.800-1520; Rs.775-1130 respectively.

(3.) Mr. P.B. Dhar, learned counsel for the petitioners in these two cases contended that these petitioners have been engaged in similar types of works in which class IV employees on regular basis have been discharging in other words, these petitioners have been discharging same and similar duties like that of the-class IV employee and they are better qualified, more skillful in working yet they are discriminated in wages than those of other regular Class IV employees under the same department. It is also contended by Mr.P.B. Dhar, learned counsel for the petitioners that the State respondent/government had been taking advantage of the dominant position and compelling the band of labourers by classifying them as Permanent Labourers under the said Rules of 1985 to work on such low and starving wages in utter violation of the principles enshrined in Articles 14 and 16 read with Article 39 (d) of the Constitution of India.