HANS RAM KASANA Vs. RAJASTHAN POLLUTION CONTROL BOARD

JUDGEMENT

(1.) This writ petition has been filed by the petitioner for enforcement of the principle of equal pay for equal work enshrined in Article 39(d) of the Constitution.

(2.) Petitioner's case is that he joined service of the Rajasthan Board for Prevention and Control of Pollution (for short 'the respondent Board') in the year 1989 on the basis of appointment order dated 16.11.89 issued by the Principal Secretary of the respondent Board. The petitioner was appointed for a period of two months as Junior Engineer on consolidated salary of Rs. 1876/-. The term of appointment of the petitioner was extended from time to time. A number of persons were appointed as Junior Engineers on temporary/adhoc basis in the service of the Board. These persons have been allowed regular pay scale, however, the petitioner who too was appointed as Junior Engineer on temporary/adhoc basis is being paid consolidated salary for the last number of years. The petitioner made representation before the authorities of the Board for being paid salary in the regular time scale but no need was paid by the respondent Board.

(3.) The petitioner has claimed that he is discharging the duties as Junior Engineer which are similar to the duties being performed by the other Junior Engineers who are holding the posts in the same capacity in which the petitioner is working. Other persons appointed in the service of the Board are being paid salary on regular time scale and there is no reason for not paying salary to the petitioner on regular time scale. The principle of equal pay for equal work enshrined in Article 39(d) as also the provisions contained in Articles 14 and 16 of the Constitution have been violated by the respondent Board. The respondent Board is under an obligation to pay the petitioner salary in the regular time scale.