R.B. Mehrotra, J. - (1.) Petitioner No. 1 was appointed as a part-time chaukidar, on J 2-12-1980 while petitioner No. 2 was appointed as a Chaukldar on 8-5-1980. in U.P. State Road Transport Corporation, Varanasi Region, Varanasi and were posted in Jaunpur Depot. The case of petitioner is that they had been working sincerely and honestly continuously since then without any breach and to the entire satisfaction of their superiors. Thereafter, the petitioners contended, that they had been working in shift wise duty, the shift being of 8 hours since the date of their appointment and were being paid Rs. 250/-per month. The Regional Manager has allotted 8 hours duty to each part-time chaukldar vide order, dated 7-9-1982. The petitioner's further contention is that other chaukidar who have been appointed on regular basis in the same Depot are performing the same duties as the petitioners are performing but they are being given salary in the pay scale of Rs. 350/- per month with usual dearness allowance admissible from time to time, house redd and compensatory allowance. The petitioners case is that they are performing the same duties which a regular chaukldar is performing and are doing the same work which a regular chaukldar is doing and as such the petitioners are entitled to the same pay and allowances which a regular chaukidar is getting.
(2.) In reply to the aforesaid averments made in the writ petition, it has been stated in the counter affidavit that the petitioners at best can be equated with a daily wager and they cannot be equated with a regular chaukidar. It has been stated that 'since the petitioners are only part-time chokidars' they can at best be treated as daily wages chaukidars and since they are working for 8 hours per day, as such they are entitled wages admissible to daily wage employees. They cannot be treated as a regular chaukidars. It has been further stated in the counter affidavit that since there is no vacancy on the post of regular chaukidar and in view of the fact that there is a been against fresh appointments, the corporation is appointing part time chaukidars and daily wages chaukidars.
(3.) The facts disclosed in the counter affidavit do not dispute the petitioners' contention that the petitioners are doing same work which a regular chaukidar in doing and are performing the same which a regular chaukidar is performing. It is not disputed that the regular chaukidars are also performing the duty of 8 hours per day shift wise. The only defence taken is that since the petitioners have been appointed as part time chaukidars they are not entitled to be at par with the regular chaukidars.;