RADHEY SHYAM DHOBI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) IN all these nine Writ petitions, common questions of law are involved and, therefore, it is proper to dispose them of by a common order. In order to decide the questions raised in these Writ Petitions, it would be appropriate to give a brief of the factual matrix of these Writ Petitions.

(2.) PETITIONER Radhey Shyam Dhobi (Writ Petition No. 4656/90) was appointed as Hand Pump Mistry on temporary and contract basis by Panchayat Samiti, Jamuwa Ramgarh in pursuance of order dated 1. 4. 90 issued by the Vikas Adhikari, Jamuwa Ramgarh. In the order, it has been stated that the petitioner will be entitled to salary fixed by the State Government and his service is liable to be terminated in case the work is not found satisfactory and in case he is found to have violated office orders. It has also been mentioned in the order that the period of service will be extended on the basis of satisfactory performance and recommendations made by the Administrative Standing Committee of the Panchayat Samiti. The petitioner has stated that he was asked to start the duties as Hand Pump Mistry and was required to undertake the job of the repairs of hand pump in the rural areas which were initially installed by the Publi-chealth Engineering Department. He has participated in the training of repairing of hand pumps installed by the Public Health Engineering Department. Petitioner has been discharging the duties which arc similar to those being discharged by the Mistries employed in the Public Health Department. The petitioner has been allotted 30 to 35 hand pumps for repairs. However, payment which is being made to the petitioner is not equal even to the minimum wage payable to the employees of the State of Rajasthan. The petitioner has claimed that he has a right to get salary in the regular pay scale of mistry as is admissible to persons holding the posts in corre -sponding cadre in the Public Health Department.

(3.) FACTS given in the Writ Petition No. 4662/90 filed by Nand Kishore are more or less identical to those given in the Writ Petition of Radhey Shyam Dhobi. The main difference is that Nand Kishore was appointed in Panchayal Samiti Jamuwa Ramgarh on the basis of order dated 1. 2. 90, issued by Vikas Adhikari.