Junior Engineer I and he had given an undertaking that on the basis of stop-gap arrangement, he would not claim any benefit pertaining to that post. It was held that the Government in its capacity as a model employer cannot be permitted to raise such an argument, and the undertaking which is said to constitute an agreement between the parties cannot be enforced at law. An agreement that if a person is promoted to the higher post or put to officiate on that post or, as in the instant case, a stop-gap arrangement is made to place him on the higher post, he would not claim higher salary or other attendant benefits would be contrary to law and also against public policy. It would, therefore, be unenforceable in view of Section 23 of the Contract Act, 1872. In W.P(C) No. 5742/2010, decided on 25th August, 2010, GNCT of Delhi v. B.S. Jarial another Division Bench had held that when a person is told to discharge the function and duties of a higher post till the same is filled up and he works for years together as in that case the Deputy Superintendent was made to work as Superintendent for more than 7 years, it would be unjust to deny him wages for the said post. The Division Bench had held that if an employee is directed to work on a higher post he has no option but to work at higher post at the dictate of the employer, as for his not so doing would attract penalty proceedings against him. In Sh. Bhagwan Dassv. State of Haryana, 1987 (3) SLJ 93 it was observed by the Supreme Court that whether the appointment was for temporary period or the scheme was temporary in nature is not relevant and what is to be seen is that once it is established that the nature of duties and functions discharged and the work done in similar, the doctrine of equal pay for equal work would be attracted. The employee in this case had been posted to officiate as Sub Post Master in HSG-I at the post office and he shouldered the higher responsibilities of the department and, therefore, he became entitled for emoluments of the post of HSG-I for those periods and he could not be denied those emoluments.
