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Mool Raj Upadhyaya v. State Of H.P And Others
Factual and Procedural Background
The petitioners are Class III and Class IV employees engaged on a daily-wage basis in the Irrigation and Public Health Wings of the Himachal Pradesh Public Works Department. Many have worked for more than ten years while receiving only the minimum daily wages periodically fixed by the State Government. Invoking Article 32 of the Constitution, they sought (i) regularisation of their services and (ii) parity in salary, allowances and benefits with regular employees under the principle of “equal pay for equal work.”
During the pendency of the writ proceedings, the State placed on record a “Scheme for Betterment (Appointment) Regularisation of Muster-Roll/Daily-Wagers in Himachal Pradesh.” The Court considered this scheme, the State’s financial data, and written as well as oral submissions before issuing the present order.
Legal Issues Presented
- Whether long-serving daily-wage/muster-roll workers in Himachal Pradesh are entitled to regularisation of their services.
- Whether such workers are entitled to receive wages and service benefits equal to those of regular government employees performing similar work.
- From what date, if any, should arrears or enhanced financial benefits be paid without imposing an undue burden on the State exchequer.
Arguments of the Parties
Petitioners' Arguments
- They have rendered continuous service—often exceeding a decade—and therefore merit regularisation.
- Under the constitutional principle of “equal pay for equal work,” they should receive the same salary, allowances and benefits as regular employees.
- Government notifications dated 15-5-1990, 23-8-1991 and 20-6-1992 prescribe higher daily-wage rates (Rs 34.50, Rs 37.75 and Rs 42.40 respectively) and should be applied to them.
State of Himachal Pradesh's Arguments
- Provided detailed figures demonstrating the additional financial obligations that would arise if daily-wage workers were paid at the notified rates and/or regularised.
- Highlighted the fiscal impact of granting arrears prior to a cut-off date, urging the Court to limit retroactive liability.
- Submitted the Government’s proposed scheme, requesting that any implementation consider the State’s financial capacity.
Table of Precedents Cited
No precedents were cited in the provided opinion.
Court's Reasoning and Analysis
The Court balanced the petitioners’ constitutional claim to fair wages and regularisation against the State’s demonstrated financial constraints. Acknowledging both the need for equitable treatment of long-serving workers and the fiscal realities presented, it decided to modify the State’s proposed scheme rather than impose immediate full parity or retrospective arrears.
Key analytical steps included:
- Accepting the Government’s scheme as a framework but substituting new paragraphs 1–4 to ensure clear timelines and eligibility criteria.
- Fixing 31-12-1993 as the reference date for assessing ten years of continuous service with at least 240 days worked per calendar year.
- Ordering that workers qualifying on that date become work-charged employees effective 1-1-1994 and be placed on the appropriate time-scale.
- Providing that others will transition to work-charged status on completing ten years, while continuing to receive daily-wage rates prescribed by the Government.
- Directing phased regularisation thereafter on a seniority-cum-suitability basis.
- Explicitly relieving the State of liability for arrears prior to 1-1-1994, citing the “additional financial obligations” detailed by the Government.
- Protecting employees from refunding any excess amounts received under interim Court orders.
Holding and Implications
The writ petitions are DISPOSED OF in terms of the modified scheme set out by the Court. Contempt Petition No. 342 of 1991 is dismissed. There is no order as to costs.
Implications: Effective 1-1-1994, eligible daily-wage workers become work-charged employees on the time-scale of the lowest government grade; others will transition upon completion of ten years of qualifying service. While the order improves job security and future pay, it denies arrears before 1-1-1994, thereby limiting the immediate fiscal impact on the State. No new legal precedent beyond the specific scheme modification is announced.
Order
1. The petitioners in these writ petitions filed under Article 32 of the Constitution are employed on daily-wage basis in the Irrigation and Public Health Wings of the Himachal Pradesh Public Works Department. They are Class III and Class IV employees who are being paid their daily wages as per the minimum wages prescribed by the Government of Himachal Pradesh from time to time. A number of them have been thus employed for more than ten years. They have sought regularisation of their services as well as for payment of the same salary, allowances and other benefits as are being given to the regular employees on the principle of ‘equal pay for equal work’. The wages that are being paid to the petitioners who fall in the unskilled category are at Rs 22 per day. Shri Ashwini Gupta, the learned counsel for the petitioners, has invited our attention to the notifications of the Government of Himachal Pradesh dated 15-5-1990, 23-8-1991 and 20-6-1992, whereby the rates for Class III and Class IV daily-wage staff have been fixed by the Government of Himachal Pradesh from time to time. Under the notification dated 15-5-1990, daily wage at the rate of Rs 34.50 was fixed with effect from 1-5-1990 for Peon, Chowkidar/Sweeper/Farrash/Mali/Rasoia and other Class IV employees. By notification dated 23-8-1991, the said rate was enhanced to Rs 37.75 per day with effect from 1-5-1991 and by notification dated 20-6-1992, it was further enhanced to Rs 42.40 per day with effect from 1-6-1992.
2. A Scheme for Betterment (Appointment) Regularisation of Muster-Roll/Daily-Wagers in Himachal Pradesh has been prepared by the Government of Himachal Pradesh and the same has been placed on record along with the supplementary affidavit of Shri K.J.B.V Subramanyam dated 7-12-1992 in WP (C) No. 249 of 1988.
3. We have heard the learned counsel for the parties. Apart from oral submissions in the Court, the learned counsel have also submitted written submissions. Along with written submissions that have been filed on behalf of the State of Himachal Pradesh, figures have been given showing additional financial obligations resulting from the daily-wage workers being paid the wages at the rates prescribed in the notifications issued by the State Government referred to above as well as on account of the daily-wage workers who have completed 10 years' service being placed on work-charge cadre. Having regard to the additional financial obligations that may be incurred by the proposed scheme for regularisation, as modified, we are of the opinion that the State should not be burdened with the financial obligations arising out of payment of arrears for the period prior to 1-1-1994 and the said scheme, as modified, may be brought into operation with effect from 1-1-1994.
4. Taking into consideration the facts and circumstances of the case, we modify the said scheme by substituting paragraphs 1 to 4 of the same by the following paragraphs:
“(1) Daily-wage/muster-roll workers, whether skilled or unskilled, who have completed 10 years or more of continuous service with a minimum of 240 days in a calendar year on 31-12-1993, shall be appointed as work-charged employees with effect from 1-1-1994 and shall be put in the time-scale of pay applicable to the corresponding lowest grade in the Government;
(2) daily-wage/muster-roll workers, whether skilled or unskilled, who have not completed 10 years of continuous service with a minimum of 240 days in a calendar year on 31-12-1993, shall be appointed as work-charged employees with effect from the date they complete the said period of 10 years of service and on such appointment they shall be put in the time-scale of pay applicable to the lowest grade in the Government;
(3) daily-wage/muster-roll workers, whether skilled or unskilled who have not completed 10 years of service with a minimum of 240 days in a calendar year on 31-12-1993, shall be paid daily wages at the rates prescribed by the Government of Himachal Pradesh from time to time for daily-wage employees falling in Class III and Class IV till they are appointed as work-charged employees in accordance with paragraph 2;
(4) daily-wage/muster-roll workers shall be regularised in a phased manner on the basis of seniority-cum-suitability including physical fitness. On regularisation they shall be put in the minimum of the time-scale payable to the corresponding lowest grade applicable to the Government and would be entitled to all other benefits available to regular government servants of the corresponding grade.”
5. The scheme, as modified, shall be implemented with effect from 1-1-1994 and if any excess amount has been received by any employee on the basis of the interim orders passed by this Court, the same shall not be required to be refunded by him.
6. The writ petitions shall stand disposed of in terms of the aforesaid directions. Contempt petition No. 342 of 1991 is dismissed. No orders as to costs.
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