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Judgment
MA No. 4253/2026 (MA for joining together)
The present MA has been filed by the applicants seeking joining together in a single OA.
For the reasons explained therein, the MA is allowed.
MA No.4252/2026 (MA for exemption)
The present MA has been filed by the applicants seeking certain exemptions.
For the reasons explained therein, same is allowed subject to just exceptions.
OA No. 3309/2026
The present OA has been filed by the applicants 11 in number seeking equal pay for equal work. The applicants were employees of National Institute of Unani Medicines, the respondents w.e.f. 2022-23 onwards on contractual basis and consolidated salary varying from 24000 to 37500 as mentioned in para
of the OA. Learned counsel for the applicant states that the applicants were appointed by following due procedure of selection subsequent to publication of advertisement 25.07.2022. There were sanctioned posts against which the applicants were appointed. Learned counsel for the applicant states that there are several judgments vide which the Courts have taken the view that if the functions and responsibilities of the contractual employees are the same as regular employees, they should be paid at least basic minimum of the pay scale for the post for which they are appointed on contractual basis and Dearness Allowances should be given in that basic scale.
Learned counsel for the applicant further refers to order dated 17.08.2026 passed in OA No. 2930/2026, vide which similar kind of employees of the same respondents approached this Tribunal. This Tribunal allowed the OA by directing the respondents to consider the case of equal pay for equal work.
Learned counsel for the applicant further refers to DOPT OM dated 04.09.2019 vide which the following has been mentioned:-
“ OFFICE MEMORANDUM Subject: Equal pay for Equal Work for Casual workers Compliance with earlier instructions and Hon'ble Court's Judgements thereon.
The undersigned is directed to refer to this Department's Ο.Μ.No.49014/2/86-Estt.(C) dated 07.06.1988 wherein it was, inter alia, stated that:
Where the nature of work entrusted to the casual workers and regular employees is the same, the casual workers may be paid at the rate of 1/30th of the pay at the minimum of the relevant pay scale plus dearness allowance for work of 8 hours a day.
In cases where the work done by a casual worker is different from the work done by a regular employee, the casual worker may be paid only the minimum wages notified by the Ministry of Labour & Employment or the State Government/Union Territory Administration, whichever is higher, as per the Minimum Wages Act, 1948.
Persons on daily wages (casual workers) should not be recruited for work of regular nature.
2.The above instructions have been issued keeping in view the judgements of the Hon'ble Supreme Court. It is reiterated that it is the responsibility of all Ministries/Departments to follow the above instructions in letter and spirit.”
In view of the aforementioned judgment and DOPT OM, learned counsel for the applicant states that the present applicants are entitled to the minimum of the relevant basic pay along with Dearness Allowance (DA), which are granted to other contractual employees.
Issue notice. Mr. Archit Vasudeva, learned counsel who appears for respondents on advance service, accepts notice. Learned counsel for the respondents seeks and is allowed four weeks’ time to file reply.
At this stage, learned counsel for the applicants submits that the applicants have submitted representation dated 17.10.2025 (Annexure A-1), However, the respondents have not given any response in respect of the said representation.
At this stage, learned counsel for the applicants states that the applicants will be fairly satisfied if direction may be issued to the respondents to dispose of the pending representations annexed at Annexure A-1 by passing a reasoned and speaking order in a time bound manner.
Learned counsel for the respondents states that they have no objection if such direction be issued to the respondents.
In view of the above, with the consent of learned counsels for the parties, the present OA is disposed of at the admission stage itself with the direction to the respondents to consider the pending representations dated 17.10.2026 (Annexure A-1) of the applicants by passing a reasoned and speaking order within a period of eight weeks from the date of receipt of certified copy of this Order. Till the disposal of the representation of the applicants by passing a reasoned and speaking order, the respondents should not take any coercive actions against the applicants.
We make it emphatically clear that we have not examined or expressed any opinion in respect of merits of the case.
The OA is disposed of in the above manner. Pending MA also stands disposed of accordingly. No order as to costs.