Shiv Shankar and Others v. State of Haryana and Others

Punjab & Haryana HC6 Mar 2026CWP/7/2025

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-1- IN THE HIGH COURT OF PUNJAB AND HARYANA…

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Shiv Shankar and Others Vs State of Haryana and Others — Punjab & Haryana HC (2026) — LawSathi Research

¶50

57. Having traversed the legal parameters with reference to the application of the principle of equal pay for equal work', in relation to temporary employees (daily*wage employees, ad*hoc appointees, employees appointed on casual basis, contractual employees and the like), the sole factor that requires our determination is, whether the concerned employees (before this Court), were rendering similar duties and responsibilities, as were being discharged by regular employees, holding the same/corresponding posts. This exercise would require the application of the parameters of the principle of equal pay for equal work' summarised by us in paragraph 42 above. However, insofar as the instant aspect of the matter is concerned, it is not difficult for us to record the factual position. We say so, because it was fairly acknowledged by the learned counsel representing the State of Punjab, that all the temporary employees in the present bunch of appeals, were appointed against posts which were also available in the regular cadre/establishment. It was also accepted, that during the course of their employment, the concerned temporary employees were being randomly deputed to discharge duties and responsibilities, which at some point in time, were assigned to regular employees. Likewise, regular employees holding substantive posts, were also posted to discharge the same work, which was assigned to temporary employees, from time to time. There is, therefore, no room for any doubt, that the duties and responsibilities discharged by the temporary employees in the present set of appeals, were the same as were being discharged by regular employees. It is not the case of the appellants, that the respondent*employees did not possess the qualifications prescribed for appointment on regular basis. Furthermore, it is not the case of the State, that any of the temporary employees would not be entitled to pay parity, on any of the principles summarised by us in paragraph 42 herein above. There can be no

Shiv Shankar and Others v. State of Haryana and Others

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Case details

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