GARJA MAN SUBBA Vs. STATE OF SIKKIM

JUDGEMENT

(1.) The Petitioners are aggrieved by the alleged arbitrary State action of hand picking Employees for regularization of Services and granting them Salaries higher than the Petitioners, despite the Petitioners having performed similar works as the aforementioned Employees, thereby violating the doctrine of Equal Pay for Equal Work.

(2.) (i) The Petitioners' case is that the Services of select Employees similarly situated with them were illegally and selectively regularized in the months of March, 2014 and September, 2014, whereas the Services of the Petitioners were regularized only in June, 2016, along with that of Employees junior to them. That, they have been receiving their Salaries in the new Pay Scale after their regularization from June, 2016 but not the Arrears of Salary due to them since September, 2014, which Employees whose Services were regularized in September, 2014 have been granted.

(3.) (i) Learned Senior Counsel for the Petitioners advanced the contention that this High Court, vide its Order, dated 01.07.2016, disposed of the said Writ Petition with liberty to the Petitioners to take up the matter for their Incidental Reliefs. That, the names of the Petitioners although included in the List of Employees whose Services were to be regularized as per the Notification, dated 12.02.2014 supra, were left out without assigning any reason.