STATE OF H.P Vs. JAGDISH KUMAR

JUDGEMENT

(1.) The present Letters Patent Appeal seeks to challenge the judgment dtd. 23/6/2021, passed by the learned Single Judge, whereby CWP No.3047 of 2020, titled Jagdish Kumar and others Versus State of Himachal Pradesh and others, was allowed, with a direction to the appellants herein to engage the respondents as Pump Attendants from the dates their counterparts/juniors were engaged, with all consequential benefits, including seniority and monetary benefits; on or before 31/7/2021. The appellants were also directed to make payments of arrears of emoluments on or before 31/8/2021.

(2.) The respondents, total ten in numbers, filed Civil Writ Petition, inter alia, with the pleadings that they were engaged as Water Guards by Irrigation and Public Health Department (in short 'I&PH Department') in various Gram Panchayats in District Sirmour, Himachal Pradesh, under I&PH Division Nohradhar, in the year, 2007, on Part-Time basis to operate Water Pumps of various Water Schemes, under various Gram Panchayats in District Sirmour, H.P. They were initially engaged in the year, 2007, and since then they worked in each successive year for 240 days and more. Even though, they were described at Part-Time basis, but in fact, they have been discharging their duties throughout the day and sometimes even during night hours, as and when they receive calls, as per directions of the Pradhans of Gram Panchayats.

(3.) It was contended that appointments of the Water Guards were made on account of shortage of regular Pump Operators and Pump Attendants in the I&PH Department. The respondents were performing all those duties, which were otherwise being performed by the Pump Operators and Pump Attendants and there was no distinction or difference between the duties being discharged by the respondents and the regularly appointed Pump Operators and Pump Attendants. The respondents were entitled to parity in pay on the principle of 'equal pay for equal work' as envisaged under Article 39(d) of the Constitution of India. Action of the Department in not paying equal pay to the respondents is also violative of Article 14 of the Constitution of India.