BISHWANATH RAM Vs. ZILA PARISHAD AND ANOTHER

JUDGEMENT

(1.) The petitioner has filed this writ application for issuance of a direction to the respondents to pay the difference between the pay scale of the Disinfector and the Assistant since 17.5.1986 as also the arrears of salary since 1.1.1997 and also for payment of provident fund, bonus along with interest 18% per annum.

(2.) The short question to be answered in this writ application is whether in the event of the petitioner discharging the duties of a higher post of Assistant, is entitled to salary therefor on the doctrine of equal pay for equal work.

(3.) Undisputedly, the petitioner was appointed as a Disinfector. He was confirmed to that post and subsequently he was deputed to work as an Assistant for three months with a condition that he will not be entitled to any additional honorarium, nor he will be entitled to claim any promotion on that basis (Annexure 3). His performance during the period of deputation was found satisfactory and consequently the District Engineer sought instruction from the Secretary, District Board, Palamau, in this regard, Annexure 4. There was a Government notification that the class IV Government employees, who were also proficient in typing, could be given promotion on preferential basis (Annexure-5). Then the petitioner made a statement showing the difference of salary between the post of Assistant and Disinfector, Annexure 6 and presented it before the authorities for payment of the difference of salary. His provident fund amount used to be deducted, but with effect from 1.1.1997 his salary was stopped. He made representations before the authorities, Annexure 8 and 9, for payment of bonus, arrears of salary so that he could arrange the marriage of his daughter and could sustain his family members but that representations were not allowed. Subsequently, it transpired that the petitioner was transferred to Bishrampur Block in the same capacity, which is at a distance of 50 kms. from the place of residence of the petitioner and according to the petitioner, in the absence of payment of salary, it was not possible for him to join to his job at Bishrampur Block, but he had no objection to join this post, if the arrears of salary are paid.