- (1.) Petitioner Babulal Sharma has filed this writ petition with a prayer for quashing of order dated 19.6.91 (Annexure-lO) and for issue of a direction to the respondents to appoint him as Carpenter with effect from 17.1.87 as well as for payment of salary to him in the regular pay scale of that post. Alternative prayer made by him relates to payment of 100 rupees as additional allowance.
(2.) Petitioner's case is that he was initially appointed in the Rajasthan High Court at Jaipur Bench on daily wages of Rs. 11/- with effect from 17.1.87. Order for his appointment was however issued by the Additional Registrar, Rajasthan High Court, Jaipur Bench, Jaipur on 4.2.87 appointing him for a period of 60 days. By order dated 3.4.87, term of his appointment was extended for another 60 days and the amount of wages was enhanced by Rs. 20/- per day. By order dated 16.8.87, regular pay scale of Rs. 700-850, meant for Class IV post, was given to him. The petitioner stated that since the date of his appointment he has continuously been working as Carpenter at Jaipur Bench of the High Court. He made representations for grant of salary in the pay scale of Carpenter. In support of his statement that he is working as a Carpenter, he has produced the certificates Annexures-3 and 4 issued respectively by the Store Keeper of the Rajasthan High Court, Jaipur Bench. He made representations for grant of salary as Carpenter/appointment as Carpenter. His application dated 15.1.90 was forwarded by the Additional Registrar, Rajasthan High Court, Jaipur Bench to the Registrar, Rajasthan High Court along with letter dated 27.7.90. Claim of the petitioner was turned down, as would appear from letter dated 13.8.90 (Annexure-7) written by the Registrar, Rajasthan High Court to the Additional Registrar, Rajasthan High Court, Jaipur Bench. On a further representation made by the petitioner, the Registrar, Rajasthan High Court conveyed to the Additional Registrar, Rajasthan High Court, Jaipur Bench vide Annexure-10 dated 19.6.91 that the State Government has not agreed for creation of the post of Carpenter at Jaipur Bench and, therefore, it was not possible to consider the case of petitioner for appointment as Carpenter. Petitioner has pleaded that pay scale of the post of Carpenter was Rs. 850-1520 till 31.8.88. By Notification dated 23.9.89 it has been revised to Rs..910-1530. Further case of the petitioner is that even though he is regularly discharging the duties as Carpenter,he is not being paid salary in the pay scale prescribed for the post of Carpenter. In that manner he has been denied the benefit of the principle of equal pay for equal work.
(3.) Respondent No. 1 has in its reply admitted the actum of appointment of the petitioner on daily wages and also of his appointment in the regular pay scale of Class IV post. It has then been stated that service of the petitioner is utilised sometimes for the work of Carpenter because he knows the work of Carpentry. The petitioner is required to work as Carpenter as and when any urgent work is to be done. Respondent No. 1 has then stated that it had moved the State Government for creating the post of Carpenter at Jaipur Bench but the State Government has not agreed to the same and that the petitioner is not entitled to be promoted as Carpenter as he does not fulfil the conditions of eligibility for appointment as Carpenter. Respondent No. 1 has then stated that there is a need of permanent Carpenter for day to day affairs and a letter was written to the Government for creation of the post of Carpenter. Government has however not agreed with the proposal. Respondent No. 2 has not filed any reply to the writ petition. It has, therefore, to be presumed that the respondent Government does not want to contest the facts narrated in the writ petition.;