PCIT v. Pankaj Singh Brijwal (2022) 142 taxmann.com ( Uttarakhand ( HC) Editorial : SLP of Revenue dismissed , PCIT v. Pankaj Singh Brijwal (2022) 288 Taxman 643 (SC)

Constitution of India
Art:16 : Equality of opportunity in matters of public employment – Service matters – Certain principles of policy to be followed by the State – Pay Scale – Equal pay – Minimum wages – Casual workers for his employment under administrative control of PCIT as peon/watchman from 2013- Entitled to be paid minimum wages paid to salary equal to such daily wages paid to casual workers who were engaged prior to 2013 by department.[ Art , 14, 16(1) 39(d), 226 ]

Respondent was engaged as peon/watchman under administrative control of PCIT in 2013.  CBDT vide instruction to all Chief Commissioner had declared Group D, to which respondent belonged, as a dying cadre and subsequently, work post of peon and watchman were being taken by casual workers through outsourcing agency . Respondent filed a writ petition seeking equal pay and minimum wages on plea that respondent was discharging his duty but was not being paid minimum wages, whereas, similarly situated persons who were engaged directly by Department prior to 2013 were being paid minimum wages .  Singe judge allowed the petition . On appeal division bench of  High Court up held the order of single judge and  held that since respondent was similarly situated as casual workers for his employment, he was entitled to be paid minimum wages/salary equal to those employees who were working as daily wages casual workers in Department .