KHEM CHAND SHARMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioner is qualified as possessing ITI diploma in Hindi Stenography having so qualified form a college run by the State and is working as an Instructor in Stenography in Ambedkar Training Institute run by Social Welfare Department. THE other institute as run by the State are at Sriganganagar, Bharatpur, Jaipur, Kota, Sawai Madhopur an Nagaur. THE instructors are appointed for training imparting in Stenography in the instructors were also created. THE petitioner before joining the present institute at Bharatpur was earlier working as Instructor Industrial Training Institute, affiliated by the State of Rajasthan, but had resigned to join as Instructor in the present institute and so appointed in Ambedkar Training Institute in the year 1991 at the fixed pay of Rs. 300/- per month initially for a period of 10 months. Copy of the order of appointment is Annexure-3. It is mentioned in the order of appointment that the post is a part time and temporary. His appointment was extended vide Annexure-4 on 7. 9. 1992 for another 10 months or till the regularly selected instructors are appointed. Vide Annexure-8 the Government had taken a decision dated 7. 9. 1991 to pay an amount of Rs. 40/- per lecture. But so far the lecturers of stenography are concerned, they were to be paid fixed pay of Rs. 300/- p. m. THE petitioner submits that initially working hours for Instructors in the institute were for five hours at a stretch which has been now extended to 7 hours per day as per order Annexure-5.

(2.) GRIEVANCE of the petitioner is that he is being discriminated in not paying equal pay for equal work violating Article 14, 16, 21 and 39 (d) of the Constitution of India and, therefore, prayer has been made for direction to the respondents to pay salary in the pay scale of the Instructor. Vide Annexure- 11, the District Social Welfare Officer, Bharatpur had recommended that the petitioner is rather teaching in two different shifts from 10. 00 a. m. to 4. 00 p. m. and, therefore, he should be paid for each shift @ Rs. 300/- p. m.

(3.) THE writ petition is allowed with the above-said directions with a cost of Rs. 2000/ -. .