Case Note & Summary
The petitioners, four individuals employed on contract basis in the District Child Protection Unit under the Integrated Child Protection Scheme (ICPS) in Osmanabad, filed a writ petition seeking regularisation of their services and equal pay for equal work. They were appointed pursuant to an advertisement dated 10.11.2012 issued by the Commissioner, Women and Child Development Department, Pune, for various posts on contract basis. The petitioners had been working continuously for several years, performing duties identical to those of regular employees, but were denied regularisation and paid lower wages. The respondents, including the State of Maharashtra and the Commissioner, opposed the petition, arguing that the appointments were purely contractual and that regularisation would violate the terms of the scheme. The court, after hearing arguments, held that the continued engagement of the petitioners on contract basis despite the existence of regular posts and the ongoing need for their services constituted a violation of Articles 14 and 16 of the Constitution. The court directed the respondents to consider regularisation of the petitioners' services within three months and to ensure parity in pay. The judgment emphasised that the ICPS was a permanent scheme and that the petitioners had a legitimate expectation of regularisation.
Headnote
A) Service Law - Regularisation of Contractual Employees - Articles 14 and 16 of Constitution of India - Petitioners appointed on contract basis under Integrated Child Protection Scheme for District Child Protection Units - They have been working continuously for years performing same duties as regular employees - Held that failure to regularise their services despite availability of regular posts and continuous need for their services amounts to violation of Articles 14 and 16 - Court directed respondents to consider regularisation within three months (Paras 1-10). B) Service Law - Equal Pay for Equal Work - Integrated Child Protection Scheme - Petitioners performing same duties as regular employees but receiving lower pay on contract basis - Held that principle of equal pay for equal work applies - Respondents directed to ensure parity in pay (Paras 5-8).
Issue of Consideration
Whether the petitioners, who were appointed on contract basis under the Integrated Child Protection Scheme and have been working for several years, are entitled to regularisation of their services and equal pay for equal work.
Final Decision
The court allowed the writ petition and directed the respondents to consider regularisation of the petitioners' services within three months and ensure parity in pay.
Law Points
- Regularisation of contractual employees
- Equal pay for equal work
- Articles 14 and 16 of Constitution of India
- Integrated Child Protection Scheme
- Contractual employment
- Legitimate expectation
