STATE OF RAJASTHAN Vs. MOHAMMED FAYYAZ

JUDGEMENT

(1.) Defects are overruled. There is delay in filing of this appeal. The appellants have filed an application under Section 5 of the Limitation Act for condonation of delay. For stated reasons, the application filed under Section 5 of the Limitation Act is allowed. The delay in filing appeal is condoned. Heard learned counsel for the appellants.

(2.) Mr. C.L. Saini, learned Additional Advocate General who appears on behalf of the appellants-State, submits that this matter is squarely covered by order dated 20.09.2018 of a Coordinate Bench of this court in D.B. Special Appeal (Writ)No.970/2018 - The State of Rajasthan and Others Vs. Smt. Itee Shri Maheshwari. It is submitted that the respondents, who were the writ- petitioners, stated before the Court in the writ petition that they were para teachers. They claimed parity with Teacher Gr.III and Prabodhaks. The learned Single Judge has allowed the writ petition on the very first date of listing without notice to the appellants herein. The principle of law culled out by the learned Single Judge is 'equal pay for equal work'. There are two infirmities in the impugned order. The first is violation of principles of natural justice. The respondents were not issued a notice before the direction was issued. Secondly, para teachers were claiming equivalence with 'Prabodhaks' and Teacher Gr.III. and without deciding equivalence, impugned order has been passed.

(3.) Learned Additional Advocate General submitted that judgment of the Supreme Court in State of Punjab & Others Vs. Jagjit Singh & Others, (2017) 1 SCC 148, relying upon which the learned Single Judge has allowed the writ petition filed by the respondents without notice to the appellants, has itself been distinguished by the Supreme Court in State Bihar & Others Vs. The Bihar Secondary Teachers Struggle Committee, Munger &Others (Civil Appeal No. 4862/2019 and other connected matters decided on 10.05.2019).