RAVINDER KUMAR AND ORS. Vs. STATE OF J&K

JUDGEMENT

(1.) Petitioners possessing the qualification of Degree/Diploma in Civil Engineering came to be engaged as Technical Assistants in district Rajouri under Mahatama Gandhi National Rozgar Employee Guarantee Act (hereinafter called as MGNREGA). Petitioners No. 1 to 4 claim to have completed seven years of service whereas other petitioners have completed four years of service. The engagement of petitioners was consequent upon the selection made by a duly constituted Selection Committee under the Scheme. As per the terms and conditions of their engagement, the petitioners were entitled to be paid consolidated sum on monthly basis by debit to administration cost under MNNREGA as permissible in terms of the guidelines. The Technical Assistants having three years Diploma in Civil Engineering were initially entitled to be paid Rs. 4,500/- per month and those with higher qualification were entitled to be paid Rs. 5,000/- per month. This amount, however, has subsequently been revised to Rs. 7,000/- for Diploma Holders and Rs. 7,500/- in case of Degree Holder. Grievance of the petitioners in this petition is that though they are qualified Engineers and performing the same duties as are being performed by the Junior Engineers serving in the State Government Departments yet they have been denied the salary attached to the post of Junior Engineer of the State Government and therefore, the principle of equal pay for equal work is being violated by the respondents. Further grievance of the petitioners is that the respondent No. 1 has come up with two Government Orders providing certain benefits to the employees engaged under MGNREGA. It is submitted that vide Government Order No. 125-RD &PR of 2014 dated 25.03.2014, the Programme Officers engaged in the similar manner under MGNREGA on contractual basis have been sanctioned certain benefits in the shape of leave, compensatory allowance, border allowance and travelling allowance etc., but the same have been denied to the petitioners without any reason or justification. The further grievance of the petitioners is that with a view to bring the employees of MGNREGA at par with contractual employees appointed under SRO 255 dated 05.08.2003, the respondent No. 1 issued Government SRO 255 dated 05.08.2003 but the benefits envisaged in the aforesaid order have not been given to all the employees serving under MGNREGA. On the strength of aforesaid two Government Orders, it is contended that the petitioners are at least entitled to the benefit of salary as envisaged under SRO 255 dated 05.08.2003 as also the benefits envisaged under Government Order 125-RD &PR of 2014 dated 25.03.2014.

(2.) Respondents have filed their objections and the only stand taken in the objections is that both the Government Orders of the year 2014 relied upon by the petitioners are under reconsideration in the department as the same have been issued in violation of prescribed guidelines for contractual employees working under MGNREGA.

(3.) Having heard learned counsel for the parties and perused the record I am of the view that the petitioners who are similarly situated with the Programme Officers working under MGNREGA cannot be denied the benefit of Government Order No. 125-RD &PR of 2014 dated 25.03.2014 wherever applicable. This Court does not find any valid reasons for treating the Programme Officers differently than the Technical Assistants under the same Scheme. The plea of the respondents that the Government Order No. 125-RD &PR of 2014 dated 25.03.2014 is under reconsideration cannot be a ground to deny the benefits envisaged in the aforesaid order to the petitioners, particularly, when the same benefit has been extended to and is being enjoyed by the Programme Officers. So long as the Government Order No. 125-RD &PR of 2014 dated 25.03.2014 is not withdrawn, rescinded or modified, it is to be applied evenly to all those similarly circumstanced. Learned counsel appearing for the respondents has not been able to point out any cogent distinction to treat the Programme Officers differently than the petitioners in the matter of sanctioning the benefits as envisaged under Government Order No. 125- RD &PR of 2014 dated 25.03.2014.