GOVIND MATHUR,J. - (1.) BY this petition for writ, the petitioner is claiming a direction for the respondents to regularize him in service in regular pay scale pertaining to Class-IV cadre service. The factual matrix necessary to be noticed is that the petitioner entered in the services of Gram Panchayat Barodia being appointed on 15.09.1997 as Naka Guard. He was declared surplus on 01.08.1998 as a consequence of abolition of octroi in the State of Rajasthan. A policy decision was taken by the Government of Rajasthan not to retrench the surplus employees, but to accommodate/re-employ them on some other post. The petitioner, thus, was directed to join the duties again on 22.08.1998. Since then, he is continuously working with the respondents as Class-IV employee. His grievances is that the respondents, though are utilizing his services as a Class-IV employee, but are not making payment of wages in the pay scale applicable to the cadre of Class-IV employees.
(2.) IT is asserted that the petitioner is discharging the same duties as discharged by other regular Class-IV employees. While founding the argument on the principle of equal pay for equal work as enshrined under Article 39-D read with Article 14 of the Constitution of India, learned counsel for the petitioner is claiming a direction for regularization of the petitioner in service and for grant of the pay scale application to Class-IV cadre. As per the reply to the writ petition, the petitioner is continuing in service only in view of the directions given by the State Government, otherwise he would have been retrenched from service on abolition of octroi. No sanctioned post exist in Class-IV cadre to regularize the petitioner in service and further the petitioner has also not faced the process of selection for appointment in the cadre aforesaid. It is admitted by the respondents that the petitioner is getting consolidated salary of Rs.3500.00 per month. It is also not disputed by the respondents that the services rendered by the petitioner are of same nature as discharged by other Class-IV employees.
(3.) HEARD learned counsel for the parties. From the facts stated in the preceding paras, it is apparent that the respondents are utilizing the services of the petitioner as Class-IV employee since 22.08.1998, but he is getting consolidated salary and not the salary applicable for Class-IV employees. It is well-settled that no discrimination is required to be made in grant of pay scales, if two persons are discharging the same duties. Article 14 of the Constitution of India read with Article 39-D of the Constitution of India demands parity in granting pay to similarly situated employees. The petitioner, in these circumstances, is entitled for getting regular pay in the pay scale applicable for Class-IV employees with all admissible allowances. However, being not a member of the cadre, he is not entitled for annual grade increments.;