BHURA RAM RAIGER Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Hundreds and thousands of writ petitions are being filed in this court and in other courts by the employees who are getting salary on daily wage basis. More or less similar facts are given. Reliefs claimed are also identical.

(2.) In view of the expanded scope of Articles 14 and 16, of which Art. 39(d) of the Constitution of India has been treated as part in Randhir Singh Vs. Union of India, AIR 1982 S.C. 879 , this court gave direction to the respondents for payment of salary to the daily wage earner in the regular pay scale meant for the post against which he is appointed, by fixing his pay at the minimum of the pay scale. A direction is also given for payment of Dearness Allowance. It is further directed that other allowances, which are admissible under the rules should also be paid to the daily wage earner.

(3.) Despite hundreds of decisions of this court, the authorities of the Government have not take care to give effect to the concept of equality in cases, which are of similar nature. This is so despite the Circular issued by the Department of Personnel and Administrative Reforms in the year 1987 directing that the judgments of the courts, which have become final, must be given effect to and implemented in similar cases. A pious hope expressed in the Circular of the Department of Personnel has remained a hope on paper only. In reality, the same I AIR 1982 S.C. 879 trend continues. One has to realise that when a petitioner approaches the court of law, not only he spends his money but the public at large is put to loss. In filing the petitions each petitioner has to make use of lot of stationary. The court has to issue notices, reply to the petition is filed and then every time the court has to make an order directing payment of salary in the regular pay scale by fixing the pay at the minimum of the regular pay scale. Time and again various sections of the society have raised hue and cry against the non-availability of note-books to the children for the purpose of study. Often there are news of black-marketing of note-books, answer books and reading books meant for the students of the schools and colleges. The Government cry for literacy, but the education is hampered on account of non-availability of books and stationary. This is the plight on the one hand and on the other hand, the authorities of the various departments are so unmindful that they are not giving effect to the orders in the similar cases and that would lead to vest age of valuable stationary. One also cannot forget that the forests wood is used for manufacture of papers and the ecology and atmosphere of not only a particular town, State or the country but of the entire world is adversely affected on account of de-forestation. Thus, indirectly every one becomes a part to the destruction of ecological system of the world.