NIWAS SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) By means of these writ applications under Articles 226 and 227 of the Constitution of India, the petitioners have raised a grievance that the respondents have practised discrimination in violation of Articles 14 and 16 of the Constitution of India, refusing to pay them salary in the scale of pay prescribed for similarly placed employees like supervisors appointed under the Adult Education Scheme. They have also invoked the doctrine of 'equal pay for equal work' as enshrined under Article 39 (d) the Constitution. The contempt application (MJC 702/89) was filed for appropriate action against the respondent of C. W. J. C. No. 8315 of 1988 on the allegation that they made an attempt to violate interim order dated 17. 11. 1988 passed in that case.

(2.) All these writ applications and the intervention applications, although on behalf of different petitioners but for the same relief, have been heard together and, therefore, are being disposed by this common judgment.

(3.) To have a brief survey of the factual background of the case with relative brevity, it will be appropriate to notice few facts : in the year 1978/79, the Central Government sponsored a scheme. "adult Education Programme" to open centres in various States including the State of Bihar to eradicate illiteracy amongst the persons between the age group of 15-35. Under said scheme, in the year 1983, the State Government, through its Labour and employment Department, issued an advertisement for appointment of Supervisors in Adult Education Projects in the pay and scale of Rs. 785-1210 with other admissible allowances including dearness and medical allowances etc. Pursuant to such an advertisement, larger number of persons who were duly qualified made applications. Thereafter, the candidates were called upon to appear before the Selection Committee duly constituted for such selection. Along with such candidates, some of the petitioners had also filed applications. Accordingly, a panel was prepared and about 300 candidates were appointed as adult education Supervisors in the pay, and scale of Rs. 785-1210. In the meantime, another scheme known as "non formal Education" was introduced by the Ministry of Human resources Development. Government of India, New Delhi. Financial assistance to implement such scheme was provided to the State in the ratio of 50 : 50. To implement such scheme, the state Government was required to engage supervisors on a condition that they should be local persons, residing in the close proximity of the centres. The supervisors were to be engaged on part time basis to give half of their time to this work. The implementation of the scheme was to be made by involving voluntary agencies and Panchayti Raj institutions.