SUNIL THAKUR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The petitioners claimed that they were initially appointed as Work Inspectors on daily wage basis in the year 1998 and their services as Work Inspectors came to be regularized in the year 2007. It is contented that from the year 2007 onwards, though the petitioners were appointed/regularized as Work Inspectors, but the respondents have extracted the work of Clerks, as prescribed under the Recruitment and Promotion Rules. Further contended that though the respondents have extracted the work of Clerks from the petitioners, but have paid the salary of Work Inspectors to them. Hence, the impugned action of the respondents in extracting the work of Clerks from the petitioners and to pay them the salary attached to the Work Inspectors is said to be arbitrary and in violation of Article 14 and 39(d) of the Constitution of India. Thus, the petitioners have sought a direction to the respondents to pay the salary on the principle of 'equal pay for equal work'.

(2.) Learned Additional Advocate General submits that these petitions are to be dismissed on many counts, primarily, on the principle of delay and laches. The stand of the respondents is that the petitioners are working since the year 2007 whereas they have approached this Court in the year 2019 and on the ground of unreasonable delay in approaching the Court, these petitions are liable to be dismissed. Secondly, that no record/material has been produced in support of the claim of the petitioners that they are working as Clerks since the year 2007. On this count also, the respondents have prayed for dismissal of the writ petitions.

(3.) We have heard learned counsel for the parties.