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2009 DIGILAW 1037 (JHR)

State of Jharkhand v. Banwari Choudhary

2009-07-27

JAYA ROY, M.Y.EQBAL

body2009
JUDGMENT Reference may be made to the Orders dated 23.3.2009 and 04.05.2009, which are quoted herein-below; Order dated 23.03.2009:-In course of argument, the learned counsel appearing for the appellants, in the light of the earlier order passed in this appeal dated 9.2.2009, prays for some time so that the appellants will be in a position to take a decision. The learned counsel further submitted that those respondents, who were not regularized, have now produced Class-VIII certificates and decision shall be taken at the earliest. Hence, we adjourned the hearing of the appeal till 4th May, 2009. Within that time, the respondents must take a decision and file an affidavit in support thereof. Let a copy of this order be given to the learned counsel for the respondents. Order dated 4.5.2009:-Reference may be made to the order dated 23.3.2009, in which, the appellants are directed to take a decision with regard to regularization of the respondents who have produced their necessary educational certificates. Learned counsel appearing on behalf of the appellants submits that the Principal Secretary, Department of Building Construction, who has to take a decision, is out of State in Election-Duty as an Observer and a prayer has been made for extension of time. Prayer is allowed. Time is extended to 27th May, 2009 to enable the appellants to take a decision. Let a copy of this order be given to the learned counsel appearing on behalf of the appellants. In view of the aforesaid orders, a supplementary affidavit has been filed by the appellant-State on 8.7.2009 wherein, it has been stated inter alia that in pursuance of the Orders, a meeting of the Establishment Committee was held and some of the respondents, who have fulfilled the requirement, have been given appointment. However, some of the respondents, i.e. Banwari Choudhary (respondent in LPA No. 240/2003) and Sri Durjan Yadav (respondent in LPA No. 242/2003) have not been considered for appointment against Class-IV posts as they failed to produce their certificates. It is further stated that the Committee took a decision to give priority to only those daily wage workers whose certificates would be found correct after verification done by the concerned Deputy Commissioners. Learned counsel for the respondents very fairly submitted that in view of the decision taken by the appellant-State, as stated in the supplementary affidavit, there is no need to proceed further in this matter. Learned counsel for the respondents very fairly submitted that in view of the decision taken by the appellant-State, as stated in the supplementary affidavit, there is no need to proceed further in this matter. However, with regard to the direction given by the learned Single Judge in the impugned judgment, for payment of wages at a minimum pay scale is concerned, it is modified to the extent that after regularization of their services, the concerned employees will be entitled to get their wages at the particular scale. So long as some of the respondents, so continued on daily wages, shall be entitled to the wages, as prescribed. Accordingly, all the Letter Patents Appeals stand disposed of with the aforesaid observations and directions.