BHAGWAN DASS AND OTHERS versus STATE OF HARYANA & ORS.

BHAGWAN DASS AND OTHERS versus STATE OF HARYANA & ORS.

Temporary or scheme-based appointment cannot justify discrimination in pay or denial of increments when nature of duties performed is equivalent to regular cadre; petitioners entitled to same pay scale as regular supervisors from date of writ petition, ignoring service breaks given for scheme reasons.

Parties
Petitioner: Bhagwan Dass and others; Respondent: State of Haryana & Ors.
Jurisdiction
India
Judgment Date
31 July 1987
Procedural Posture
Writ Petition Under Article 32 of the Constitution of India / Final Judgment
Outcome
Petition partly allowed
Legal Topics
Equal Pay for Equal Work, Temporary Employment, Article 14, Article 16
Constitutional Law Service Law Equal Pay for Equal Work Temporary Employment Article 14 Article 16

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Parties

Bhagwan Dass and others

Petitioner

State of Haryana & Ors.

Respondent

Procedural Posture

Writ Petition Under Article 32 of the Constitution of India / Final Judgment

Legal Issues

  1. 1 Whether temporary supervisors are entitled to equal pay as regular supervisors under the 'equal work equal pay' doctrine
  2. 2 Whether breaks in service due to scheme's temporary nature justify denial of benefits available to regular employees

Ratio Decidendi

Temporary or scheme-based appointment cannot justify discrimination in pay or denial of increments when nature of duties performed is equivalent to regular cadre; petitioners entitled to same pay scale as regular supervisors from date of writ petition, ignoring service breaks given for scheme reasons.

Court Disposition

Petition partly allowed

Orders

  • Petitioners to be fixed in same pay scale as regular supervisors (respondents 2-6).
  • Pay of each petitioner to be fixed from date of initial appointment, disregarding breaks in service.