DEVI SINGH Vs. STATE

JUDGEMENT

(1.) THE petitioner's case is that he was appointed on the post of part -time Peon (Class -IV) on a sanctioned and vacant post in the office of respondent no. 4 Gram Panchayat on 29.5.1963. In the beginning he was paid Rs. 10/ - per month but the amount was increased time to time. When the writ petition was filed, he was getting Rs. 200 per month. It has been averred that the petitioner discharges the same duties which are being discharged by the Class -IV employees and therefore he was entitled to get salary in the regular pay scale of Class IV employee with all consequential benefits but the respondents have ignored his legitimate demands. It has been prayed that the respondents be directed to pay the petitioner his salary and other consequential benefits of the post of Class IV employee from the date of his initial appointment.

(2.) IN the reply filed by respondents no. 1 to 3 it has been averred that the petitioner was appointed purely on part time basis and he was not discharging the duties of Class -IV employees. It has been stated that the petitioner is asked to work only for two days in a month -i.e. on the day the meetings of Gram Panchayat are held. It has been denied that there is any sanctioned post of Class -IV employee. It has been averred that the petitioner was engaged without the permission of the Gram Panchayat (sic : Panchayat Samiti) and he is not entitled to get salary in the regular pay scale and the other benefits payable to Class -IV employees.

(3.) MR . Purohit contended that the petitioner who is working in the office of respondent no. 4 for the last about 34 years is entitled to salary in the regular pay scale of Class IV employees on the principle of 'equal pay for equal work'. He has placed reliance on the decision of this Court rendered in the case of State of Rajasthan v. Heeralal (D.B. Special Appeal No. 598/95) decided on 26.8.1996.