Disposed

Khuneshwar Ram v. Union Of India

Chhattisgarh HC9 Dec 2016WPS/6696/2016

Case brief

AI extract

What is this about?

High Court Bench directed respondent to consider representations of cooks working in Government Primary Schools for minimum wage increase from Rs.1200 to Rs.255 per day if skilled, relying on Supreme Court judgment on 'equal pay for equal work' for temporary employees, and disposed of writ petitions.

What did the court decide?

Direction to respondent to consider representations for minimum wage increase within 30 days and pass reasoned order.

Khuneshwar Ram Vs Union Of India — Pension and Retirement Benefits | Chhattisgarh HC (2016)

¶1

¶2

NAFR

¶3

HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 6693 of 2016

¶4

Dineshwar Singh, S/o Shri Meghnath Singh, aged about 45 years, working as Cook, presently posted on Primary School Kantabel, Tahsil & Block Manora, District Jashpur (CG).

¶5

---- Petitioner

¶6

Versus

¶7

Union Of India Through : The Secretary, Ministry Of Human Resources Development, Department, Of School Education And Literacy, Mid Day Meal Division Shastri Bhawan, New Delhi.

¶8

State Of Chhattisgarh, Through : The Secretary, Department Of Education, New Mantralay, Mahanadi Bhawan, New Raipur (Chhattisgarh)

¶9

Directorate, School Education, Through : The Director, School Education, Shiksha Parisar, Pension Bada, Raipur, District Raipur (Chhattisgarh)

¶10

The Collector, Jashpur, District Jashpur (Chhattisgarh)

¶11

District Education Officer, Jashpur, District Jashpur (Chhattisgarh)

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Block Education Officer, Bagicha, Distt. Jashpur (Chhattisgarh)

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---- Respondents

¶14

AND

¶15

WPS No. 6695 of 2016

¶16

Smt. Saroj Xalxo, W/o Belon Xaxlo, aged about 40 years, working as Cook, presently posted as Primary School Beltoli, Tahsil and Block Manora, District Jashpur (CG).

¶17

---- Petitioner

¶18

Versus

¶19

1. Union Of India Through : The Secretary, Ministry Of Human Resources Development, Department, Of School Education And Literacy, Mid Day Meal Division Shastri Bhawan, New Delhi.

¶20

2. State Of Chhattisgarh, Through : The Secretary, Department Of Education, New Mantralay, Mahanadi Bhawan, New Raipur (Chhattisgarh)

¶21

3. Directorate, School Education, Through : The Director, School Education, Shiksha Parisar, Pension Bada, Raipur, District Raipur (Chhattisgarh)

¶22

4. The Collector, Jashpur, District Jashpur (Chhattisgarh)

¶23

5. District Education Officer, Jashpur, District Jashpur

¶24

¶25

(Chhattisgarh)

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6. Block Education Officer, Manora, Distt. Jashpur (Chhattisgarh)

¶27

---- Respondents

¶28

AND

¶29

WPS No. 6696 of 2016

¶30

Khuneshwar Ram, S/o Shri Lokhnath, aged about 45 years, working as Cook, presently posted on Primary School Dodidand, Thana & Block Kunkuri, District Jashpur (CG).

¶31

---- Petitioner

¶32

Versus

¶33

1. Union Of India Through : The Secretary, Ministry Of Human Resources Development, Department, Of School Education And Literacy, Mid Day Meal Division Shastri Bhawan, New Delhi.

¶34

2. State Of Chhattisgarh, Through : The Secretary, Department Of Education, New Mantralay, Mahanadi Bhawan, New Raipur (Chhattisgarh)

¶35

3. Directorate, School Education, Through : The Director, School Education, Shiksha Parisar, Pension Bada, Raipur, District Raipur (Chhattisgarh)

¶36

4. The Collector, Jashpur, District Jashpur (Chhattisgarh)

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5. District Education Officer, Jashpur, District Jashpur (Chhattisgarh)

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6. Block Education Officer, Kunkuri, Distt. Jashpur (Chhattisgarh)

¶39

---- Respondents

¶40

AND

¶41

WPS No. 6699 of 2016

¶42

Maghu Ram, S/o Shri Atwa Ram, aged about 47 years, working as Cook, presently posted on Primary School, Kaprol, Thana & Block Manora, District Jashpur (CG).

¶43

---- Petitioner

¶44

Versus

¶45

1. Union Of India Through : The Secretary, Ministry Of Human Resources Development, Department, Of School Education And Literacy, Mid Day Meal Division Shastri Bhawan, New Delhi.

¶46

2. State Of Chhattisgarh, Through : The Secretary, Department Of Education, New Mantralay, Mahanadi Bhawan, New Raipur (Chhattisgarh)

¶47

3. Directorate, School Education, Through : The Director, School

¶48

¶49

Education, Shiksha Parisar, Pension Bada, Raipur, District Raipur (Chhattisgarh)

¶50

4. The Collector, Jashpur, District Jashpur (Chhattisgarh)

¶51

5. District Education Officer, Jashpur, District Jashpur (Chhattisgarh)

¶52

6. Block Education Officer, Manora, Distt. Jashpur (Chhattisgarh)

¶53

---- Respondents

¶54

AND

¶55

WPS No. 6702 of 2016

¶56

Lasru Ram, S/o Shri Ghoghro Ram, aged about 45 years, working as Cook, presently posted on Primary School Ghughri, Tahsil and Block Bagicha, District Jashpur (CG).

¶57

---- Petitioner

¶58

Versus

¶59

1. Union Of India Through : The Secretary, Ministry Of Human Resources Development, Department, Of School Education And Literacy, Mid Day Meal Division Shastri Bhawan, New Delhi.

¶60

2. State Of Chhattisgarh, Through : The Secretary, Department Of Education, New Mantralay, Mahanadi Bhawan, New Raipur (Chhattisgarh)

¶61

3. Directorate, School Education, Through : The Director, School Education, Shiksha Parisar, Pension Bada, Raipur, District Raipur (Chhattisgarh)

¶62

4. The Collector, Jashpur, District Jashpur (Chhattisgarh)

¶63

5. District Education Officer, Jashpur, District Jashpur (Chhattisgarh)

¶64

6. Block Education Officer, Bagicha, Distt. Jashpur (Chhattisgarh)

¶65

---- Respondents

¶66

AND

¶67

WPS No. 6703 of 2016

¶68

Akbar Ram, S/o Lahru Ram, aged about 45 years, working as Cook, presently posted as Primary School Farsatoli, Tahsil and Block Pathalgaon, District Jashpur (CG).

¶69

---- Petitioner

¶70

Versus

¶71

1. Union Of India Through : The Secretary, Ministry Of Human Resources Development, Department, Of School Education And Literacy, Mid Day Meal Division Shastri Bhawan, New Delhi.

¶72

¶73

2. State Of Chhattisgarh, Through : The Secretary, Department Of Education, New Mantralay, Mahanadi Bhawan, New Raipur (Chhattisgarh)

¶74

3. Directorate, School Education, Through : The Director, School Education, Shiksha Parisar, Pension Bada, Raipur, District Raipur (Chhattisgarh)

¶75

4. The Collector, Jashpur, District Jashpur (Chhattisgarh)

¶76

5. District Education Officer, Jashpur, District Jashpur (Chhattisgarh)

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6. Block Education Officer, Pathalgaon, Distt. Jashpur (Chhattisgarh)

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---- Respondents

¶79

AND

¶80

WPS No. 6704 of 2016

¶81

Kum. Seema Bai, D/o Lojho Ram, aged about 35 years, working as Cook, presently posted on Girls Primary School Kunjara, Thana and Block Kunkuri, District Jashpur (CG).

¶82

---- Petitioner

¶83

Versus

¶84

1. Union Of India Through : The Secretary, Ministry Of Human Resources Development, Department, Of School Education And Literacy, Mid Day Meal Division Shastri Bhawan, New Delhi.

¶85

2. State Of Chhattisgarh, Through : The Secretary, Department Of Education, New Mantralay, Mahanadi Bhawan, New Raipur (Chhattisgarh)

¶86

3. Directorate, School Education, Through : The Director, School Education, Shiksha Parisar, Pension Bada, Raipur, District Raipur (Chhattisgarh)

¶87

4. The Collector, Jashpur, District Jashpur (Chhattisgarh)

¶88

5. District Education Officer, Jashpur, District Jashpur (Chhattisgarh)

¶89

6. Block Education Officer, Kunkuri, Distt. Jashpur (Chhattisgarh)

¶90

---- Respondents

¶91

AND

¶92

WPS No. 6705 of 2016

¶93

Tantu Ram, S/o Shri Bhadwa Ram, aged about 45 years, working as Cook, presently posted as Primary School Sonpur, Tahsil and Block Bagicha, District Jashpur (CG).

---- Petitioner

Versus

1. Union Of India Through : The Secretary, Ministry Of Human Resources Development, Department, Of School Education And Literacy, Mid Day Meal Division Shastri Bhawan, New Delhi.

¶98

2. State Of Chhattisgarh, Through : The Secretary, Department Of Education, New Mantralay, Mahanadi Bhawan, New Raipur (Chhattisgarh)

¶99

3. Directorate, School Education, Through : The Director, School Education, Shiksha Parisar, Pension Bada, Raipur, District Raipur (Chhattisgarh)

¶100

4. The Collector, Jashpur, District Jashpur (Chhattisgarh)

¶101

5. District Education Officer, Jashpur, District Jashpur (Chhattisgarh)

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6. Block Education Officer, Bagicha, Distt. Jashpur (Chhattisgarh)

¶103

---- Respondents

¶104

AND

¶105

WPS No. 6708 of 2016

¶106

Manbahal Ram, S/o Shri Harihar Ram, aged about 45 years, working as Cook, presently posted as Primary School Samarbar, Tahsil and Block Bagicha, District Jashpur (CG).

¶107

---- Petitioner

¶108

Versus

¶109

1. Union Of India Through : The Secretary, Ministry Of Human Resources Development, Department, Of School Education And Literacy, Mid Day Meal Division Shastri Bhawan, New Delhi.

¶110

2. State Of Chhattisgarh, Through : The Secretary, Department Of Education, New Mantralay, Mahanadi Bhawan, New Raipur (Chhattisgarh)

¶111

3. Directorate, School Education, Through : The Director, School Education, Shiksha Parisar, Pension Bada, Raipur, District Raipur (Chhattisgarh)

¶112

4. The Collector, Jashpur, District Jashpur (Chhattisgarh) '

¶113

5. District Education Officer, Jashpur, District Jashpur (Chhattisgarh)

¶114

6. Block Education Officer, Bagicha, Distt. Jashpur (Chhattisgarh)

¶115

---- Respondents

¶116

AND

¶117

WPS No.6709 of 2016

¶118

¶119

Smt. Mulari Bai, W/o Jagat Ram, aged about 40 years, working as Cook, presently posted as Primary School Mahuadih, Tahsil and Block Bagicha, District Jashpur (CG).

¶120

---- Petitioner

¶121

Versus

¶122

1. Union Of India Through : The Secretary, Ministry Of Human Resources Development, Department, Of School Education And Literacy, Mid Day Meal Division Shastri Bhawan, New Delhi.

¶123

2. State Of Chhattisgarh, Through : The Secretary, Department Of Education, New Mantralay, Mahanadi Bhawan, New Raipur (Chhattisgarh)

¶124

3. Directorate, School Education, Through : The Director, School Education, Shiksha Parisar, Pension Bada, Raipur, District Raipur (Chhattisgarh)

¶125

4. The Collector, Jashpur, District Jashpur (Chhattisgarh)

¶126

5. District Education Officer, Jashpur, District Jashpur (Chhattisgarh)

¶127

6. Block Education Officer, Bagicha, Distt. Jashpur (Chhattisgarh)

¶128

---- Respondents

¶129

AND

¶130

WPS No. 6710 of 2016

¶131

Mahavir Ram, S/o Shri Sudhwa Ram, aged about 48 years, working as Cook, presently posted as Primary School Borokona,, Tahsil and Block Manora, District Jashpur (CG).

¶132

---- Petitioner

¶133

Versus

¶134

1. Union Of India Through : The Secretary, Ministry Of Human Resources Development, Department Of School Education And Literacy, Mid Day Meal Division Shastri Bhawan, New Delhi.

¶135

2. State Of Chhattisgarh, Through : The Secretary, Department Of Education, New Mantralay, Mahanadi Bhawan, New Raipur (Chhattisgarh)

¶136

3. Directorate, School Education, Through : The Director, School Education, Shiksha Parisar, Pension Bada, Raipur, District Raipur (Chhattisgarh)

¶137

4. The Collector, Jashpur, District Jashpur (Chhattisgarh)

¶138

5. District Education Officer, Jashpur, District Jashpur (Chhattisgarh)

¶139

6. Block Education Officer, Manora, Distt. Jashpur (Chhattisgarh)

¶140

---- Respondents

¶141

¶142

AND

¶143

WPS No. 6712 of 2016

¶144

Smt. Sumitra Bai W/o Ganesh, Aged About 40 Years Working As Cook, Presently Posted On Primary School Korwadera (Kunkuri), Tahsil + Block Kunkuri, Distt. Jashpur (Chhattisgarh)

¶145

Smt. Esther Kujur, W/o Jon Elias, Aged About 40 Years Working As Cook, Presently Posted On Primary School Korwadera (Kunkuri), Tahsil + Block Kunkuri, Distt. Jashpur (Chhattisgarh)

¶146

Smt. Saroj, W/o. Sita Ram, Aged About 40 Years Working As Cook, Presently Posted On Girls Primary School Kunkuri Tahsil + Block Kunkuri, Distt. Jashpur (Chhattisgarh)

¶147

Smt. Sunita Kansari, W/o Harishchandra, Aged About 42 Years Working As Cook, Presently Posted On Boys Primary School Kunkuri Tahsil + Block Kunkuri, Distt. Jashpur (Chhattisgarh)

¶148

Smt. Ahilya Kansari, W/o Chintamani, Aged About 42 Years Working As Cook, Presently Posted On Boys Primary School Kunkuri Tahsil + Block Kunkuri, Distt. Jashpur (Chhattisgarh)

¶149

Smt. Jagmani Bai, W/o Viphal Ram, Aged About 40 Years Working As Cook, Presently Posted On Boys Primary School Kunkuri Tahsil + Block Kunkuri, Distt. Jashpur (Chhattisgarh)

¶150

Santu Ram, S/o Lasmat Ram, Aged About 39 Years Working As Cook, Presently Posted On Gyan Jyoti Primary School Kusumtoli, Tahsil + Block Kunkuri, Distt. Jashpur (Chhattisgarh)

¶151

Mansai Ram, S/o Shri Late Lalchand Ram, Aged About 45 Years Working As Cook, Presently Posted On Primary School Bene, Tahsil + Block Kunkuri, Distt. Jashpur (Chhattisgarh)

¶152

Smt. Muniyaro Bai, W/o. Sidheshwar Ram, Aged About 39 Years Working As Cook, Presently Posted On Primary School Kandora, Tahsil + Block Kunkuri, Distt. Jashpur (Chhattisgarh)

¶153

Smt. Basanti Bai, W/o. Ketku Ram, Aged About 38 Years Working As Cook, Presently Posted On Primary School Karmtoli, Tahsil + Block Kunkuri, Distt. Jashpur (Chhattisgarh)

¶154

11.Kum. Payro Bai, D/o Dugru Ram, Aged About 37 Years Working As Cook, Presently Posted On Primary School Mahuatoli, Tahsil + Block Kunkuri, Distt. Jashpur (Chhattisgarh)

¶155

Smt. Jaymati Bai, W/o Nemnarayan, Aged About 38 Years Working As Cook, Presently Posted On Primary School Kandora, Tahsil + Block Kunkuri, Distt. Jashpur (Chhattisgarh)

¶156

Arun Minj, S/o Mikhail Minj, Aged About 45 Years Working As Cook, Presently Posted On R.C.D. Primary School Pharsakani, Tahsil + Block Kunkuri, Distt. Jashpur (Chhattisgarh)

¶157

Estanislas Ekka, S/o Marcus Ekka, Aged About 45 Years Working As Cook, Presently Posted On R.C.D. Primary School Pharsakani, Tahsil + Block Kunkuri, Distt. Jashpur (Chhattisgarh)

¶158

¶159

Prabhu Yadav, S/o Ramdani Yadav, Aged About 35 Years Working As Cook, Presently Posted On Primary School Barpath, Tahsil + Block Manora, Distt. Jashpur (Chhattisgarh)

¶160

Manual Ekka, S/o Nikolas Ekka, Aged About 34 Years Working As Cook, Presently Posted On Primary School Ordih, Tahsil + Block Manora, Distt. Jashpur (Chhattisgarh)

¶161

Sudheer Ram, S/o Temba Ram, Aged About 45 Years Working As Cook, Presently Posted On Primary School Dihidand, Tahsil + Block Manora, Distt. Jashpur (Chhattisgarh)

¶162

Lalit Minj, S/o Simon Minj, Aged About 35 Years Working As Cook, Presently Posted On Mishan Primary School Dhasma, Tahsil + Block Manora, Distt. Jashpur (Chhattisgarh)

¶163

Sameshwar Ram, S/o Kisun Ram, Aged About 35 Years Working As Cook, Presently Posted On Primary School Dhasma, Tahsil + Block Manora, Distt. Jashpur (Chhattisgarh)

¶164

---- Petitioner

¶165

Versus

¶166

1 Union Of India Through : The Secretary, Ministry Of Human Resources Development, Department Of School Education And Literacy, Mid Day Meal Division Shastri Bhawan, New Delhi.

¶167

2. State Of Chhattisgarh, Through : The Secretary, Department Of Education, New Mantralay, Mahanadi Bhawan, New Raipur (Chhattisgarh)

¶168

3. Directorate, School Education, Through : The Director, School Education, Shiksha Parisar, Pension Bada, Raipur, District Raipur (Chhattisgarh)

¶169

4. The Collector, Jashpur, District Jashpur (Chhattisgarh)

¶170

5. District Education Officer, Jashpur, District Jashpur (Chhattisgarh)

¶171

6. Block Education Officer, Kunkuri, Distt. Jashpur (Chhattisgarh)

¶172

7. Block Education Officer, Manora, District Jashpur (CG).

¶173

---- Respondents

¶174

AND

¶175

WPS No. 6714 of 2016

¶176

Ram Sai S/o Late Shri Kandu Sai, Aged About 46 Years Working As Cook, Presently Posted On Primary School Pagurabahar, Tahsil + Block Farsabahar, Distt. Jashpur (Chhattisgarh)

¶177

Sukhdev Ram, S/o Poro Ram, Aged About 45 Years Working As Cook, Presently Posted On Primary School Semrdand, Tahsil + Block Bagicha, Distt. Jashpur, (Chhattisgarh)

¶178

¶179

Subenath, S/o Sahdev, Aged About 45 Years Working As Cook, Presently Posted On Primary School Rangpur, Tahsil + Block Bagicha, Distt. Jashpur, (Chhattisgarh)

¶180

Gajedhar Ram, S/o Pandu Ram, Aged About 40 Years Working As Cook, Presently Posted On Primary School Chhichhali ( R), Tahsil + Block Bagicha, Distt Jashpur, (Chhattisgarh)

¶181

Suresh, S/o Bhikhram, Aged About 40 Years Working As Cook, Presently Posted On Primary School Ragra, Tahsil + Block Bagicha, Distt. Jashpur, (Chhattisgarh)

¶182

Phaneshwar, S/o Jhanak, Aged About 40 Years Working As Cook, Presently Posted On Primary School Goatmahua, Tahsil + Block Bagicha, Distt Jashpur, (Chhattisgarh)

¶183

Ram, S/o Chamru Ram, Aged About 39 Years Working As Cook, Presently Posted On Primary School Saraipani, Tahsil + Block Bagicha, Distt. Jashpur, (Chhattisgarh)

¶184

Warsa, W/o Kisun Ram, Aged About 36 Years Working As Cook, Presently Posted On Middle School Saraipani, Tahsil + Block Bagicha, Distt. Jashpur, (Chhattisgarh)

¶185

Ramcharan Sai, S/o Rada Sai, Aged About 39 Years Working As Cook, Presently Posted On Primary School Bagdol, Tahsil + Block Bagicha, Distt. Jashpur, (Chhattisgarh)

¶186

Parmanand, S/o Kajru Ram, Aged About 40 Years Working As Cook, Presently Posted On Primary School Gaylunga, Tahsil + Block Bagicha, Distt. Jashpur, (Chhattisgarh)

¶187

Saghad Ram, S/o Jiytbhan Ram, Aged About 40 Years Working As Cook, Presently Posted On Primary School Ghattari, Tahsil + Block Bagicha, Distt. Jashpur, (Chhattisgarh)

¶188

Vijay Nath Ram, S/o Nakul Ram, Aged About 39 Years Working As Cook, Presently Posted On Primary School Bimda, Tahsil + Block Bagicha, Distt. Jashpur, (Chhattisgarh)

¶189

Asman Ram, S/o Dalu Ram, Aged About 45 Years Working As Cook, Presently Posted On Primary School Tatikona, Tahsil + Block Bagicha, Distt. Jashpur, (Chhattisgarh)

¶190

Balak Ram Yadav, S/o Gurubal Yadav, Aged About 40 Years Working As Cook, Presently Posted On Primary School Tarekela, Tahsil + Block Pathalgaon, Distt. Jashpur (Chhattisgarh)

¶191

Chintamani Ram Yadav, S/o Ratan Ram Yadav, Aged About 52 Years Working As Cook, Presently Posted On Primary School New Kokiyakhar, Tahsil + Block Pathalgaon, Distt. Jashpur, (Chhattisgarh)

¶192

---- Petitioners

¶193

Versus

¶194

1. Union Of India Through : The Secretary, Ministry Of Human

¶195

¶196

Resources Development, Department Of School Education And Literacy, Mid Day Meal Division Shastri Bhawan, New Delhi.

¶197

2. State Of Chhattisgarh, Through : The Secretary, Department Of Education, New Mantralay, Mahanadi Bhawan, New Raipur (Chhattisgarh)

¶198

3. Directorate, School Education, Through : The Director, School Education, Shiksha Parisar, Pension Bada, Raipur, District Raipur (Chhattisgarh)

¶199

4. The Collector, Jashpur, District Jashpur (Chhattisgarh)

¶200

5. District Education Officer, Jashpur, District Jashpur (Chhattisgarh)

¶201

6. State of Chhattisgarh, through Secretary, Department of Finance, Mahanadi Bhawan, Mantralaya, Naya Raipur, District Raipur (CG).

¶202

---- Respondents

¶203

AND

¶204

WPS No. 6715 of 2016

¶205

Naval Ram, S/o Shri Biro Ram, aged about 42 years, working as Cook, presently posted as Primary School Sarnatoli, Tahsil and Block Bagicha District Jashpur (CG).

¶206

---- Petitioner

¶207

Versus

¶208

1. Union Of India Through : The Secretary, Ministry Of Human Resources Development, Department Of School Education And Literacy, Mid Day Meal Division Shastri Bhawan, New Delhi.

¶209

2. State Of Chhattisgarh, Through : The Secretary, Department Of Education, New Mantralay, Mahanadi Bhawan, New Raipur (Chhattisgarh)

¶210

3. Directorate, School Education, Through : The Director, School Education, Shiksha Parisar, Pension Bada, Raipur, District Raipur (Chhattisgarh)

¶211

4. The Collector, Jashpur, District Jashpur (Chhattisgarh)

¶212

5. District Education Officer, Jashpur, District Jashpur (Chhattisgarh)

¶213

6. Block Education Officer, Bagicha, Distt. Jashpur (Chhattisgarh)

¶214

---- Respondents

¶215

AND

¶216

WPS No. 6716 of 2016

¶217

Smt. Suganti Bai, W/o Shri Kailash Prajapati, aged about 39 years,

¶218

¶219

working as Cook, presently posted as Primary School Fatepur, Tahsil and Block Manora, District Jashpur (CG).

¶220

---- Petitioner

¶221

Versus

¶222

1. Union Of India Through : The Secretary, Ministry Of Human Resources Development, Department Of School Education And Literacy, Mid Day Meal Division Shastri Bhawan, New Delhi.

¶223

2. State Of Chhattisgarh, Through : The Secretary, Department Of Education, New Mantralay, Mahanadi Bhawan, New Raipur (Chhattisgarh)

¶224

3. Directorate, School Education, Through : The Director, School Education, Shiksha Parisar, Pension Bada, Raipur, District Raipur (Chhattisgarh)

¶225

4. The Collector, Jashpur, District Jashpur (Chhattisgarh)

¶226

5. District Education Officer, Jashpur, District Jashpur (Chhattisgarh)

¶227

6. Block Education Officer, Manora, Distt. Jashpur (Chhattisgarh)

¶228

---- Respondents

¶229

AND

¶230

WPS No. 6718 of 2016

¶231

Sobhnath Ram S/o Baiju Ram, Aged About 36 Years Working As Cook, Presently Posted On Middle School Kardana, Tahsil + Block Manora, Distt. Jashpur (Chhattisgarh)

¶232

Peter Lakra, S/o Piyus Lakra, Aged About 41 Years Working As Cook, Presently Posted On St. Josef Primary School Kharwatoli, Tahsil + Block Manora, Distt. Jashpur, (Chhattisgarh)

¶233

Milu Ram, S/o Devnath Ram, Aged About 45 Years Working As Cook, Presently Posted On Primary School Khutapani, Tahsil + Block Manora, Distt. Jashpur, (Chhattisgarh)

¶234

Smt. Savitri Bai, W/o Vijay Kumar, Aged About 40 Years Working As Cook, Presently Posted On Primary School Kharsota, Tahsil + Block Manora, Distt. Jashpur, (Chhattisgarh)

¶235

Basant Ram, S/o Jhubla Ram, Aged About 40 Years Working As Cook, Presently Posted On New Primary School Khonga ( Bartoli), Tahsil + Block Manora, Distt. Jashpur, (Chhattisgarh)

¶236

---- Petitioners

¶237

Versus

¶238

1. Union Of India Through : The Secretary, Ministry Of Human Resources Development, Department Of School Education And Literacy, Mid Day Meal Division Shastri Bhawan, New Delhi.

¶239

2. State Of Chhattisgarh, Through : The Secretary, Department Of

¶240

¶241

Education, New Mantralay, Mahanadi Bhawan, New Raipur (Chhattisgarh)

¶242

3. Directorate, School Education, Through : The Director, School Education, Shiksha Parisar, Pension Bada, Raipur, District Raipur (Chhattisgarh)

¶243

4. The Collector, Jashpur, District Jashpur (Chhattisgarh)

¶244

5. District Education Officer, Jashpur, District Jashpur (Chhattisgarh)

¶245

6. Block Education Officer, Manora, Distt. Jashpur (Chhattisgarh)

¶246

---- Respondents

¶247

AND

¶248

WPS No. 6727 of 2016

¶249

Rejina Kujur D/o Poulus Kujur, Aged About 45 Years Working As Cook, Presently Posted On Primary School Karanjtoli, Tahsil + Block Manora, Distt. Jashpur (Chhattisgarh)

¶250

Pankhrasius Panna, S/o Piys Panna, Aged About 36 Years Working As Cook, Presently Posted On Primary School Jakba, Tahsil + Block Manora, Distt. Jashpur (Chhattisgarh)

¶251

Jagdev Ram, S/o Pethe Ram, Aged About 42 Years Working As Cook, Presently Postedc On Primary School Kharsota, Tahsil + Block Manora, Distt. Jashpur, (Chhattisgarh)

¶252

Smt. Chaiti Bai, W/o Krishna Ram, Aged About 45 Years Working As Cook, Presently Posted On Boys Primary School Ambakona, Tahsil + Block Manora, Distt. Jashpur (Chhattisgarh)

¶253

Smt. Sita Bai, W/o Kamleshwar Bhagat, Aged About 36 Years Working As Cook, Presently Posted On Primary School Tikaitganj, Tahsil + Block Manora, Distt. Jashpur, (Chhattisgarh)

¶254

---- Petitioners

¶255

Versus

¶256

1. Union Of India Through : The Secretary, Ministry Of Human Resources Development, Department Of School Education And Literacy, Mid Day Meal Division Shastri Bhawan, New Delhi.

¶257

2. State Of Chhattisgarh, Through : The Secretary, Department Of Education, New Mantralay, Mahanadi Bhawan, New Raipur (Chhattisgarh)

¶258

3. Directorate, School Education, Through : The Director, School Education, Shiksha Parisar, Pension Bada, Raipur, District Raipur (Chhattisgarh)

¶259

4. The Collector, Jashpur, District Jashpur (Chhattisgarh)

¶260

5. District Education Officer, Jashpur, District Jashpur (Chhattisgarh)

¶261

¶262

6. Block Education Officer, Manora, Distt. Jashpur (Chhattisgarh)

¶263

---- Respondents

¶264

AND

¶265

WPS No. 6728 of 2016

¶266

Kamlesh S/o Jalsu Ram, Aged About 35 Years Working As Cook Presently Posted On Primary School Kandora, Arakona, Tahsil Block Manora, Dsitirct Jashpur Chhattisgarh

¶267

Smt. Sirma Bai W/o Aghnu Ram, Aged About 42 Years Working As Cook, Presently Posted On Primary School Khonga, Tahsil Block Manora, Distirct Jashpur Chhattisgarh

¶268

Smt. Devmati Bai W/o Jagsai Ram, Aged About 37 Years Working As Cook, Presently Posted On Primary School Irai, Tahsil Block Manora, Distirct Jashpur Chhattisgarh

¶269

Linus Kujur, S/o Alvis Kujur, Aged About 30 Years Working As Cook, Presently Posted On Primary School Harri, Tahsil Block Manora, Distirct Jashpur Chhattisgarh

¶270

Rameshwar Ram, S/o Guda Ram, Aged About 36 Years Working As Cook, Presently Posted On Primary School Dumartoli, ( Jhargaon), Tahsil Block Manora, Distirct Jashpur Chhattisgarh

¶271

---- Petitioners

¶272

Versus

¶273

1. Union Of India Through : The Secretary, Ministry Of Human Resources Development, Department Of School Education And Literacy, Mid Day Meal Division Shastri Bhawan, New Delhi.

¶274

2. State Of Chhattisgarh, Through : The Secretary, Department Of Education, New Mantralay, Mahanadi Bhawan, New Raipur (Chhattisgarh)

¶275

3. Directorate, School Education, Through : The Director, School Education, Shiksha Parisar, Pension Bada, Raipur, District Raipur (Chhattisgarh)

¶276

4. The Collector, Jashpur, District Jashpur (Chhattisgarh)

¶277

5. District Education Officer, Jashpur, District Jashpur (Chhattisgarh)

¶278

6. Block Education Officer, Manora, Distt. Jashpur (Chhattisgarh)

¶279

---- Respondents

¶280

For Petitioners :	Mr. Somkant Verma and Shri Manoj Chouhan, Advocates
For Respondents/State :	Shri Prafull N. Bharat, Addl.A.G., Shri Raj Kumar Gupta, Shri Ashwin Shukla,
	Shri Ramakant Pandey, Advocates and
	Ms. Astha Shukla, Panel Lawyer

¶281

¶282

Hon’ble Shri Justice Sanjay K. Agrawal

¶283

Order on Board

¶284

09/12/2016

¶285

Learned counsel for the petitioners would submit that the petitioners are working on the post of Cook in the Government Primary School and they are being paid only Rs.1200/- per month i.e. Rs.40/per day, whereas according to the notification Annexure P/2, minimum wages prescribed by the Chhattisgarh Minimum Wage, they are entitled for Rs.255/- per day as they are skilled labour. He would rely upon the judgment of the Supreme Court in the matter of State of Punjab & Ors. Vs. Jagjit Singh & Ors ., decided on 26^th October, 2016, in which the Supreme Court has held that the principle of equal pay for equal work will also applicable to all the temporary employees and has been held as under:-

¶286

“54. There is no room for any doubt, that the principle of ‘equal pay for equal work’ has emerged from an interpretation of different provisions of the Constitution. The principle has been expounded through a large number of judgments rendered by this Court, and constitutes law declared by this Court. The same is binding on all the courts in India, under Article 141 of the Constitution of India. The parameters of the principle, have been summarized by us in paragraph 42 hereinabove. The principle of ‘equal pay for equal work’ has also been extended to temporary employees (differently described as workcharge, daily-wage, casual, ad-hoc, contractual, and the like). The legal position, relating to temporary employees, has been summarized by us, in paragraph 44 hereinabove. The above legal position which has been repeatedly declared, is being reiterated by us, yet again”

¶287

In view of above, respondent No.2 is directed to consider the

¶288

¶289

representation of the petitioners in the light of aforesaid judgment of the Supreme Court within 30 days from the date of receipt of certified copy of this order and to pass a reasoned order in accordance with law on its own merit. The petitioners are at liberty to make an additional representation,if any.

¶290

With the aforesaid direction, the writ petitions stand finally disposed of. No order as to costs.

¶291

Sd/-

¶292

(Sanjay K. Agrawal) JUDGE

¶293

L/-

Khuneshwar Ram v. Union Of India

Case brief

What is this about?

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Khuneshwar Ram v. Union Of India

Case brief

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