- (1.) What could have been serious matter of contest between the parties has now been reduced to the examination of a question as to what relief the petitioner, who is now dead and is represented by his legal representative, should be given by the court.
(2.) The petitioner who was a member of Scheduled Caste joined the service of Municipal Council, Jaipur as Sub- Sanitary Inspector on being appointed as such by order dated 15.7.64. He was promoted as Sanitary Inspector by order dated 31.1.73. After a passage of another 12 years he was made Chief Sanitary Inspector vide order dated 2.2.85 passed by the Commissioner, Civil Lines Zone, Municipal Council, Jaipur. A copy of this order (Ann. 4) was endorsed to the Administrator, Municipal Council, Jaipur. Apparently, the Administrator, Municipal Council, Jaipur did not object to this arrangement and the petitioner continued to work as Chief Sanitary Inspector. This fact is also born out from Annexure-5 dated 27.11.86, Annexure-6 dated 6.4.88 and Annexure-7 dated 15.7.88. The petitioner represented to the Administrator of the Municipal Council, Jaipur on 1.6.87 for being promoted as Chief Sanitary Inspector and for being paid salary in the pay scale of Chief Sanitary Inspector. When he did not get relief from the Administrator, he knocked the doors of this Court by filing the writ petition under Article 226 of the Constitution of India. During the pendency of the writ petition the petitioner has died and his legal representatives have been ordered to be brought on record.
(3.) The petitioner has claimed that since he has been working as Chief Sanitary Inspector from the date of his posting as such/assignment of work to him of the post of Chief Sanitary Inspector, he is entitled to be treated as regularly promoted and is entitled to back wages in the pay scale of Chief Sanitary Inspector on the basis of the principle of equal pay for equal work embodied in Article 39(d) of the Constitution of India. The petitioner has claimed that when he has been made to discharge the duties of the post of Chief Sanitary Inspector, there is no justification whatsoever for non-payment of salary to him in the pay scale of that post.;