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1999 DIGILAW 65 (PAT)

Social Welfare Employees Union Bihar State Social Welfare Advisory Board v. State of Bihar

1999-02-01

R.N.PRASAD

body1999
ORDER 1. The petitioner is Union of employees of the Social Welfare Advisory Board. The writ petition has been filed for issue of direction to respondent nos. 1 to 3 for release of fund to the Board for payment of salary to the employees of the Board. 2. In the counter-affidavit filed on behalf of the Board it has been stated that sanctioned post in the Family and Child Welfare Project is 187, out of which only 94 posts have been filled up. In Family Welfare Project sanctioned post is 180, out of which only 94 posts have been filled up. A chart has been annexed with the counter affidavit wherefrom it appeared that the State Government was releasing fund since 1978-79 for payment of salaries to the employees of the Board. Learned counsel for the Board, however, pointed out that fund is being released since the inception of the Board. The petitioner has also filed writ petition bearing C.W.J.C. No. 1808 of 1992 for payment of revised pay scale which was allowed and direction was given for payment of revised pay scale. 3. A counter affidavit has been filed on behalf of respondent nos. 1 to 4. Learned counsel for the respondent State and its authorities on the basis of averment made in the counter- affidavit pointed out that enquiry has been constituted in the year 1996 for making enquiry with regard to illegal appointment in the Board. It further appears from Annexure-F to the counter-affidavit that name of 28 persons have been mentioned against whom there was allegation that their appointment was illegal/irregular. However, no allegation has been made with regard to other employees of the Board regarding their appointment, although they are working on their post. 4. Thus, on consideration it is manifest that employees of the Board were being paid their salaries. The State Government used to release the fund for payment of salaries to the employees of the Board. There is nothing on the record to show that whose appointment has illegally been made, although the Board is taking work from the employees. Therefore, this writ application is disposed of directing the State/its authorities to release the fund to the Board for payment of salaries to its employees within a period of two months from the date of receipt/production of copy of this order. Therefore, this writ application is disposed of directing the State/its authorities to release the fund to the Board for payment of salaries to its employees within a period of two months from the date of receipt/production of copy of this order. However, it is made clear that no payment shall be made to 28 persons whose names have been mentioned in Annexure-1 but the State Government and its authorities cannot be allowed to hold enquiry for indefinite period and employees will discharge their duty without any salary. Therefore, they are directed to conclude the enquiry within a period of three months from the date of receipt/production of copy of this order. If enquiry is not concluded within the aforesaid period of three months they shall also be entitled to payment of salaries and the State Government shall release the fund. The writ petition is accordingly, disposed of.