RATHORE, J. - (1.) THE petitioner passed his Higher Secondary School Examination in the year 1986 from the Rajasthan Board of Secondary Education, Ajmer which is the qualification required to be appointed on the post of House Keeper/telephone Operator/receptionist. THE petitioner was initially employed as House Keeper in the Rajasthan House, New Delhi on daily wage basis on 15. 5. 88 vide order dated 26. 6. 90, he was continued on the said post and was working as House Keeper till 1991. THEreafter, the services of the petitioner were regularised as Class-IV employee vide order dated 21. 1. 91.
(2.) THE appointment was made on the post of Class IV but the petitioner since inception discharging the duty and working as House Keeper till today in the Rajasthan House, New Delhi. The petitioner while discharging the duties as House Keeper though the he was regularly appointed on the post of Class IV submitted an application dated 28. 7. 94 to the Special Secretary (GAD) Govt. of Rajasthan through Manager, Rajasthan House, New Delhi for consideration and appointment on the post of House Keeper as the petitioner is possessing the requisite qualification. One Miss Kavita Sharma was also working on daily wages and was assigned duties as House Keeper along with the petitioner and since she was discharging the duties as House Keeper she filed a writ petition which was registered as S. B. Civil Writ Petition No. 5825/90 "miss Kavita Sharma vs. State of Rajasthan and same was decided on 12. 1. 94 and this court while allowing the writ petition, directed the respondent that from 3. 10. 1990 i. e. the date of filing of the writ petition, the petitioner shall be paid wages in the minimum of the pay scale admissible to House Keeper/telephone Operation. It was further directed that the amount shall be paid to the petitioner within a period of four months from the date of passing of the order. Since the petitioner is also similarly situated person filed a writ petition before this court which was registered as SB Civil Writ Petition No. 184/96 and same was decided by this Court vide judgment dated 17. 3. 98 and this court observed as under:- " However, the ends of justice requires that in case the petitioner was asked to serve as House Keeper for certain period, he should be paid the minimum of the salary of the House Keeper during the period he has so worked on the doctrine of equal pay for equal work. " Against the order of the learned Single Judge dated 17. 3. 90, the petitioner filed a DB Special Appeal (Writ) No. 1007/98 as order with regard to appointment on the post of House Keeper not passed by the court and while deciding the appeal, the Division Bench Bench held as under:- " We are unable to accept the contention on behalf of the respondents that the appellant has not been discharging functions of a House Keeper in the Rajasthan House at New Delhi since 1991. The appellant is accordingly entitled to the minimum of the salary as House Keeper since 1991 on the doctrine of equal pay for equal work.
(3.) AGAINST the judgment of Hon'ble Division Bench dated 9. 5. 2002 the respondents filed special leave petition before Hon'ble Supreme Court which was dismissed on 20. 12. 2002 and Hon'ble the Supreme Court has observed that- " though the learned counsel for the petitioners states that there are no statutory provisions for taking additional work of higher responsibility from a class IV employee however, considering the reasons recorded by the High Court, the impugned order does not call for any interference and the SLP was dismissed. " Even after the judgment of Hon'ble the Supreme Court, the respondents have failed to comply with the direction of Hon'ble the Supreme Court in true and letter spirit and deprived the petitioner from his legitimate rights therefore, the petitioner has no option to serve a legal notice upon the respondents through his counsel on 25. 3. 2004. Ultimately, the payment of the minimum salary of the post of House Keeper was made to the petitioner. The judgment passed in the writ petition filed by Miss Kavita Sharma was not challenged before the Division Bench and before the Hon'ble Supreme Court. On the contrary, not only the respondents have made the payment as directed by this court in the minimum of pay scale of the House Keeper/telephone Operation but also appointed on the post of House Keeper/telephone Operator vide order dated 6. 11. 93. But the same treatment has not been given to the petitioner despite of the fact that petitioner's case is also at similar footing and time and again petitioner was compelled to file writ petitions and this present writ petition is also filed by the petitioner seeking writ order or direction directing the respondents to consider the case of the petitioner as he is fully qualified for the post of House Keeper/telephone Operator and further seeks direction to appoint him on the post of House Keeper/telephone Operator in the regular pay scale as similarly situated person Miss Kavita Sharma is given appointment on the post of House Keeper/telephone Operator way back on 6. 11. 93. ;