ASHOK KUMAR MATHUR, J. - (1.) THE petitioners by this writ petition have prayed that by a writ of mandamus the respondents be directed to pay the petitioners the same pay as is paid to the persons belonging to their cadre.
(2.) THE petitioners are working on the post of L.DCs. in various offices of the State of Rajasthan in Udaipur District but they are not paid the regular pay scale of L.D.C. How ever, they have been paid a sum of Rs. 15/ - per day as daily rates workers. The grievance of the petitioners is that other persons who are working on the post of L.D.Cs. they are getting the regular pay scale of L.D.C. where as the petitioners are only paid daily wages at rate of Rs. 15/ -per day though they are performing the same duties as other L.D Cs. who are working in the office are performing. But they are paid in the pay scale of 880 -1680. Therefore, the petitioners' grievance is that on the principle of equal pay for equal work as enshrined in Article 39(d) of the Constitution of India they must be paid the same wages as is paid to the L.D.Cs. working in the various offices of the Collectorate Udaipur. A return has been filed by the respondents and the only plea taken was that these petitioners have accepted the appointment on the basis of daily wages at rate of Rs. 15/ - per day. It has further been submitted that these persons form one class whereas other persons who have been selected by the Rajasthan Public Service Commission form another class. Therefore, a distinction is sought to be made that the regularly selected candidates by the Rajasthan Public Service Commission are paid regular pay and these persons have been paid at rate of Rs. 15/ -per day as daily wages employees. It is not disputed that both class of L.D.Cs. are discharging the same duties.
(3.) LEARNED counsel for the petitioner has invited our attention to Daily Rated Casual Labour employed under P and T Department through Bhartiya Dak Tar Mazdoor Manch v. Union of India and Ors. : (1988)ILLJ370SC and U.P. Income Tax Department Contingent Paid Staff Welfare Association v. Union of India and Ors. 1988 SCC (L and S) 344.;